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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
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When you have filed your AQ................


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My Bank, TSB sent their AQ nearly 2 weeks before the deadline date, how worrying is that. They have not sent me a copy though.

 

Pen x

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Lattie, the court has just told me that I don't need to fill in a form for judgement - they say because the deadline has passed the judgement will be handed down automatically - any thoughts on that?

I think I'll give them a week and maybe in the meantime phone the delectable Debbie and let her know?;)

 

Cheers

John

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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new territory for me - i'm following you........

i just put my limited knowledge all in one place - you guys are filling in the blanks for us.

why let debbie know. if your stuff is in a pile - they will get to it whenever - i see the judgment as a possible preferred option as there will be no questions over overdraft interest or old charges or whatever - you will get the lot - the flip side is it may (or may not) take a little longer as you are dealing through the courts. as i say - you and your buddies are our shining beacon - after this - i'll know more how to advise peeps!

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Hi Lateralus.

i am going to press your scales time after time as I do think this is realy a good thread and your explanation in post #1 is brill.

thank You

Pen x

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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you're most welcome - is the tsb forum as crazy as this one?

nope... it hasn't got you in it! :-D

 

Remember, its actually best to try not to get a win by default.

You are better trying to ring debbie and get them to put in a defense, (although this is something that goes against my intense will to get the bailiffs in on hsbc...:-D) as a default judgement normally results in loads more delays. The judge WANTS to get this case heard, not won on a technicality.

 

take a look at this.....

 

default judgement

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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well, crusher, that is a big fat kick in the teeth! i don't like that at all!

ok, i've read it. and there's you telling us to tell peeps not to bug them - it seems like they should be doing more to get an offerout of dg before it gets to this point. what do you suggest? - with the amount of claims going through - those who have filed aq's and dg has not filed theirs - get in touch with dg to remind them that the aq is due?, not call so soon to the courts to see if they have?, what?????? i'm in a quandry.

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I am with you Lattie doesn't sound good to me either makes me wanna spend the week in India sending emails to DG pointing out that they have failed to file an AQ and maybe they had better give me a decent offer.

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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well, crusher, that is a big fat kick in the teeth! i don't like that at all!

ok, i've read it. and there's you telling us to tell peeps not to bug them - it seems like they should be doing more to get an offerout of dg before it gets to this point. what do you suggest? - with the amount of claims going through - those who have filed aq's and dg has not filed theirs - get in touch with dg to remind them that the aq is due?, not call so soon to the courts to see if they have?, what?????? i'm in a quandry.

Nah nah, not at all.

The thing here is balance.

OK, the AQ hasnt gone in, or defense not gone in, then a reminder or two is OK. "Bombardment" is not.

A reminder might get them to shift.

Thousands of letters, faxes, emails from the same person will just choke up the system...

I have rung DG myself twice, sometimes it's required.

This is about trying to get you guys your money as fast as possible... DG are getting slower and slower.

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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ok, i've been thinking what to put in response to this info - and i know several of you are watching what's going on here - that was my intent - to have a place where those who have filed could kick ideas around for this new place several of you now find yourselves - post aq filing......

 

if you've been following this exchange with crusher - although some of it is one lisavp's thread - you will know i'm questioning whether a default judgment is preferable to an offer. i have concluded that an offer is def preferable to a default judgment. and with that in mind. i think once you know that dg hasn't filed their aq - another contact with them is in order.

i won't do a template i'm not sure how to word it just yet. but i think it is important to send another letter - special delivery maybe this time so they have to sign for it.

stating to them your name,

account no,

claim no and

filing date.

 

then perhaps: I see that as of xx/xx/07 (latest date you've talked to the court) you have not filed the Allocation Questionaire in this case which was due on xx/xx/07. Please find enclosed a copy of my Allocation Questionaire and also another copy of my schedule of charges relating to this claim. I hope to hear from you very soon so that a speedy resolution to this claim might be achieved. I am sure that the courts would approve of our settling this matter without their intervention. I look forward to hearing from you.

(then maybe:) I would remind you that with the filing of the allocation questionaire, I will now require the addition of that fee to my claim.

Sincerely,

 

SEE LATEST DRAFT OF LETTER IN POST 1 - LAST EDITED 11/3 8:45 PM.

 

ok, what do you think crusher - and maybe address it to debs as she seems to be the name on the acknow. and always says she isn't dealing with it when anyone calls - so, methinks she is higher up. if she has to sign for these letters - she might spur the others along? good idea? bad idea? what do you think? if it looks ok - i will put it up in the first post. it's not harrassment - we'd only be advising them to send a letter once they know dg hasn't filed their aq - maybe a week or so after it is due.

comments - or in your speak - tear it apart? anybody?

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Debate is great, thats what this place is for! :-D

 

Yes, this is a gentle nudge that hopefully will get results and gee them up a bit.

As for addressing it to Debs, I suppose this might help, although I think one of her "minions" will probable open it anyway :-D

 

If only we could be a fly on the wall in that office....

 

 

would make life a darned sight easier!

 

thanks latty (and everybody here on HSBC) for all your imput, very much appreciated :-D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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TSB are crazier in my opinion, Their taking me to court would you believe. How low down can they get. maybe a thread could be started for the defendents. but with my look I would be the only one posting on it. alongside all the banking insitutes. Now that would be sad :(

 

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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looks good to me Lattie :)

 

you could always make them an offer too of course, something like:

 

in order to more speedily resolve this matter, i am willing to accept the sum of £xxxx. (rounded down to nearest pound) I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

i dont know that addressing to anyone in particular will speed things up..i just addressed it to whomevers name appeared on their last letter.

.

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I agree with Liz

 

I would suggest saying "I am mindful of the vast number of claims you are currently dealing with" etc, also the counter offer is important especially if you have received an offer marked "save as to costs" , therefore, I would suggest " in an attempt to bring this to a reasonable conclusion", as reasonable is the key, it is highly unlikely that they will accept your offer, but you will have been seen to have made a reasonable attempt.

 

The game always changes "CMG" constantly moving goalposts.

 

Keep up the good work.

 

 

Sharkie

Sharkie

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ok, i see the reasoning and i agree in principal - so, will change the letter - any comments - fire away..... always open to suggestions - nice ones!

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OK, GUYS - THOSE WHO FILED THEIR AQ 1-2 WEEKS AGO AND READ THIS WHEN I FIRST POSTED IT................

i have changed my mind (crush changed it for me!) about seeking a default judgment in haste............read a few posts up to see why and then read my newly added part of post 1.... the nudging letter to dg.

hope this helps.

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Try and avoid looking desperate.

This is not a quick process, you need a degree of patience.

Try and relax Mitcheyboo, it will work out for you. If you had seen as many claims win as I have you would feel the same :-D

i do tend to agree with crusher if you need to contact dg keep it to a minimum as it does look kind of desperate to keep calling and we all know the offer will come at some stage i dont think they rush off and get your file everytime anyone calls as anybody who has called will note they always say "we have your breakdown and will be in contact" all the claims are dealt with in time order so i feel it best to wait our turn and not get stressed out over it, also you could be cheeky and ask for your daily interest as its taken so long!

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Lateralus, thanks for directing me here just as I was poised to submit a request for judgement! Definitely some food for thought.

******************

HSBC £4,528

Began process with S.A.R - (Subject Access Request) on 5/7/06

Recieved payment on 21/4/07

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OK, here's another little letter -

if you are claiming for overdraft interest (you will surely know if you are by this point), lots of offers have used this new tactic - "we are at a loss to understand"...why you could possibly want us to pay overdraft interest - bong thinks maybe they don't know what it is (maybe foreign bank workers???) i think it's a stall. regardless, if you have claimed for o/d interest - you may want the idea in this little notice in a letter to them - maybe combined with a nudge from post 1 (with or without an offer added).

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited.

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

I look forward to hearing from you soon.

 

 

 

Yours sincerely,

 

 

it's just a nice little statement to throw in at some point.

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I haven't had time to read through all of this thread, so I apologise if what I am about to ask is already covered...

 

Up until I noticed this thread I thought that it would be best not to get in touch with DG to chase them for their AQ, just for the simple fact that if they don't complete it then it is only going to go in my favour and maybe even a quicker result of getting back the money.

 

Can someone just clarify why this is not a good idea and why I should chase them for their AQ. I have also had an offer of settlement as well, and have not contacted them to say that I decline their offer. Is it best if I do do this?

 

Thanks :)

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back up to post 58.

 

why would you not respond to an offer (don't understand that at all!) if it's a yes, you need to say yes, please and if it's a not you need to say no, thank you else it will just sit there til it grows whiskers. (i hate to say this - credit it to the mother in me - but a little common courtesy never goes amiss (i'm very old so take that in the vein intended - a gentle push)).

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