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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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After about 7 weeks my statements finally arrived today after having received the same letter from Emma Fairchild as everyone else.

 

The funny thing is, is that I have not once mentioned charges to them yet in with the statements they have written a letter saying that they think their charges are fair, blah, blah, blah.

 

They obviously think that anyone retrieving their statements is potentially going to take them to court. Looks like we've rattled them at last!!

 

Going to add up what these morons have taken now.

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i think we have i never even got the first letter of asking for my refund when my statements came she had counted them up and offered me half back - refused and said i would settle for 75% letter posted today giving her 7 days to respond

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Right. Added it up to £288.00. Something I noticed on my statements, don't know if anyone else has come across this, I have been charged £24 twice for writing cheques from the account. They called it a convenience cheque fee! Convenient for them maybe getting £24.00 a time. I can't wait to close the account and NEVER have a credit card again.

 

Sending prelim letter today so fingers crossed.

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  • 5 months later...

I have nearly given up with Monument but I dont want to. They offered me on the 9 August £216 which was at the time half of what they owed. They have still not credited my account with £216 and continue to charge me overlimit charges. I need to issue them with and N1 form but Im a little nervous. Do you have any advice on how to fill it out.

Many thanks

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I wrote asking for statements, I got a offer for 260 quid. they said they had charged me 520quid in the past years. Do I accept it? The reason I ask is that they only charges £20 a time anyway and they are offering half back. OFT sugggest 12 is fair so if i MCOL it I may only get about 200 back.. Any suggestions?

 

Matt

 

NATWEST £1450 - MCOL + Offer for £800 + Declined - awaiting court

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I personally would decline their offer. They know they're guilty or they wouldn't make you an offer at all. All the CC companies are using this OFT "reasonable" amount as a way of intimidating people into thinking they won't get anything at all unless they take their offer.

 

I'm sure most people on this site would agree - decline their offer and go for the full amount. However, it is your choice so if you would feel happier just taking what they're offering then go for it.

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The OFT don't think £12 is fair. They say any amount over £12 and they will persue the company in ocurt, but under that, and it isn't worth their while. Bottom line is the company (and company) can only charge what it COSTS them, and £12 is NOT what it costs them. We know that, because no-one has taken it to court yet to prove that it does.

 

Don't take a penny less than the full amount. They will push you to the limit to intimidate you, but believe me, it gives you such a sense of justice, power and righteousness (as well as being financially better off), that its worth fighting for every penny.

 

You should still get your money before Xmas. Hope that helps.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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  • 2 weeks later...

I got this defence from the court the other day.

 

1. Monument is a trading division of Barclays Bank Plc and not a legal entity in it's own right.

2. To the extent it is alleged that the Claimant incurred charges on his/her account for unauthorised borrowings (whether late payment fees, exceeding authorised limit fees, or any other such fees (the Charges), it is admitted that such charges were debited from the Claimant's account; however, the Defendant outs the Claimant to strict proof of each charge and date thereof.

3. The Defendant's standard terms and conditions ("Terms"), which the Claimant accepted upon opening the account, entitle the Defendant to debit the Charges from from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and/or unauthorised borrowing and/or failing to make sufficient monthly payments to reduce the account balance by the required date).

4. It is the responsibility of the account holder to properly monitor his account so asto ensure compliance, for example, with obligation to make payments by the required date.

5. The Terms gave the Claimant a fair and transparent view of the obligations and entitlements set out in paragraph 4 above, including the basis on which the Defendant would be entitled to debit the Charges from the Claimant's account.

6. If, and to the extent it is the Claimant's case that the failure to make monthly payments and/or his/her failure to remain wiithin the agreed credit limit, constituted a breach of the Terms and that the contractual entitlement to debit the charges from the Claimant's account constitutes a liquidated damages clause, the same is denied. The charges applied to the Claimant's account were payments that the Claimant agreed to make upon the events described at paragraph 4 above by reason of the Terms. Accordingly, it is denied that the Charges or any such charges constitute unfair and/or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the Charges, as alleged by the Claimant, or at all, and/or that the charges are otherwise unenforceable.

7. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999, (particularly but without limitation to paragraph 1 (e) Schedule

2( or are in breach of the Unfair (Contracts) Terms Act 1977 (or any other provision) or are unreasonable within the maening of section 15 of the Supply of Goods and Services Act (1982) or indeed any other provision.

8. Further or alternatively, without prejudice to the matters pleaded at paragraph 4 above, if hte Claimant's failure to make sufficient account payments by the required date and/or to remain wihin pre-agreed credit limits constitute a breach of the Terms, the Defendant avers that the Charges were nonetheless valid and enforceable.

9. It is further denied that the Charges were unlawfully debited from the Claimant's account.

10. Accordingly, it is averred that the Charges are legally enforceable and the Defendant was entitled to debit the Charge from the Claimant's account.

11. The Defendant denies that it is liable to the Claimant for the sum claimed and interest as pleaded, or at all. In the alternative, which is denied, if the said charges amount to sums payable on the breach of the contract, it is averred that the charges asserted by the Claimant to have been applied to the account prior to the 15th September.

 

 

Any thoughts on this and what response I should make, if any?

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You are lucky you got that far with them, I havent even got a reply from my recorded delivery letter, I have sent my LBA which is due to expire next week, and if I dont hear from them I will go straight court. With all the fees and interest it comes to just over £500 which is nearly 2 thirds of my total balance! No wonder I am on a payment plan!

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HI Maddy

 

A reply to a defence is not an absolute requirement, but you can do if you wish.

 

Effectively you should now receive an AQ from the court. Complete this as per the guide in the Templates Library and return it with a fee. Send a copy to the other side and keep one copy for yourself.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I have a monument account and because of the interest and late payment fees this has caused my balance to double and go overlimit for which they keep charging me. I have been offered £265 from £530 that I am claiming.

 

I am refusing their offer and taking them to court, I got nohing to lose except the court fees. Will gladly take that chance.

 

Skeeloj.

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  • 1 month later...

Any updates?

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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  • 3 weeks later...

I'm getting really confused and I swear I'm losing my marbles! I haven't looked at my Monument thread for ages.

 

A hearing has been set for 27th March. I was really surprised by this as I didn't remember receiving or completing an allocation questionnaire. On my thread above I say I did!! I suppose I must have if they've set a date for the hearing. I'm seriously losing it.

 

I am a bit worried though because in the letter I got saying about the hearing date something was mentioned about the fact that I was taking "Monument" to court and not "Barclays". Has anyone else had any experience of this? Has anyone got to court or are they paying up beforehand?

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Well I sent all my paperwork to Monument but when I was filling in the court form I wanted their head office address and I saw in the small print that they were owned by Barclays so I put in Barclays details onto the court form. I didnt even know Barclays owned Momument unit that point.

 

I cant see how it can affect your claim as they trade under the name Monument and they accept your payments under that name. Fingers crossed it wont.

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Keep in there ive had three letters from Monument ststing they woul pay nothing. They then changed their mind and offered the Diff between £25.00 and £12.00, which i ignored. I then put in my Court Letter three weeks ago and guess what they have settled in full £988.00

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Keep in there ive had three letters from Monument ststing they woul pay nothing. They then changed their mind and offered the Diff between £25.00 and £12.00, which i ignored. I then put in my Court Letter three weeks ago and guess what they have settled in full £988.00

 

That is great news, it is good to hear that somebody has been paid out. I have a court date set for next month and I hope they will pay out before then.

 

You were lucky to get letters off them, I got nothing, not one letter, not even a sod off one.

 

I know the money will go onto my credit card but it means less for me to pay so it is all good!

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Well I sent all my paperwork to Monument but when I was filling in the court form I wanted their head office address and I saw in the small print that they were owned by Barclays so I put in Barclays details onto the court form. I didnt even know Barclays owned Momument unit that point.

 

I cant see how it can affect your claim as they trade under the name Monument and they accept your payments under that name. Fingers crossed it wont.

 

i think you should be using

Barclays Bank Plc T/A monument

see my pm

:cool: sunbathing in juan les pins de temps en temps

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Please note that this topic has not had any new posts for the last 5134 days.

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