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    • maybne the courts are waking up to Simple Simon and his shenanigans, and dots are being joined?
    • In their draft application to the court they state that their Letter of Claim listed the proper three invoices.  Is this true, or are they lying?   As for replying to them, hang fire for the moment, see what people who have dealt with this sort of thing before have to say, there may be a way to oppose their application or at least make them pay a hefty sum to the court for granting it.
    • but the other debts are part of this big picture and its eventual solution a rough idea will help.   if if if they ever get another powerless repo/dca involved, they will tell you well in advance.   help us please
    • to do what they are powerless...   you like 10'00'000 of other s jump because a dca says this or that a DCA is not a bailiff and has zero legal powers on any debt no matter what its type.   another one of your issues is following stupid freeman of the land twaddle. very dangerous.don't   moorcroft dont by debts they only act for clients.   as long as you don't run from debt and insure the debt owners or 'the client' has from you a letter which states your correct and current address or you did so to the Original creditor before any sale or your haven't moved since taking 'the credit' out you are safe from backdoor CCJ's to an old address.   sit on your hands and see if the owner of the debt want to issue a letter of claim. if they do  you return here   A CCJ - which is the only tool they have - because just like us joe public, its the only thing we can legally do if we claim someone owes us money - they have no more powers that you or me
    • That is why I (specifically) said "the lender".
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Halifax Easycash Account, penalty charges or not


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While reading the T&Cs of the Easycash account

 

What struck me, was the charges & interest for unauthorised overdrafts.

 

Failed item charge,

 

Over 18 £39 (upto three charges per day).

 

Under 18 no charge.

 

Now to my mind anyone under 18 is clased as a minor, and can not form a contract with another party under law, which may very well explain why they are not charged, However anyone 18 or over can.

 

Now if this is the case, then surely the £39 charge for 18 and over is a result of the breach of contract with the bank, and indeed a penalty charge as opposed to a pre-estimate of their loss.

 

Can you see where this is going ?

If charges for under 18s are not taken, but over 18s are charged then surely this is contractual penalty charges.

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This topic was closed on 03/06/19.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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