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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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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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*sigh*

 

Booked a flight with flightcentre, here's the rundown of events:

 

1 (on phone) sending you an email, please check the dates and times are okay, and reply with the word "confirmed" and she will call me back to make the final arrangements and confirm everything.

 

2 takes my debit card number (i assume to put an authorisation through to hold the price of the ticket, if I dont buy the authorisation drops off, if I do buy it turns into a transaction) at no time was I told a payment was being taken, nor that they would do so

 

3 times of itinerary are fine - reply to the itinerary "confirmed" as asked

 

4 No call back as promised

 

5 call her office at 6pm, told in meeting will pass the msg on before she leaves (ive reviewed the airline and dont want to fly with them - want them to change the carrier)

 

6 no call back made

 

7 Send 2 emails at 1am (when I get home from the office) asking her to not take any payment, as I wish to change carrier

 

8 next morning no response, check my bank account and they have claimed for the ticket.

 

9 speak to operator (eventually) - sorry the itinerary says no cancellation refund (eg will cost me entire price of ticket) we can't change the carrier blah blah

 

10 call the area manager, sympathises (dont they always) and says my giving my card details to her was authority for her to remove the funds - ludicrous as this sounds my card issuer (first direct) confirms this. Says they have spoken to the airline who are refusing to assist

 

11 call the ariline myself, helpful Thai gentlemen informs me they have no control over 3rd party bookings, and would have not declined anything as they dont get involved.

 

I appreciate my fault I didnt research more, but Im stuck on an 18 hr flight with a crappy airline - and the woman clearly insinuated she would call me back to make things final. Turns out she told her boss (this is what he told me today) that she made it perfectly clear she would be taking the money the same day - I asked her manager why then would I send 2 emails at 1am asking her to hold off on confirming anything until I had spoken to her the next day !

 

Is there anything at all I can do ? Card issuer (debit card) say its not a retailer dispute as I gave my card number and this is authority to take my money, they seem unwilling to budge and im feeling miserable about my holiday now.

 

I managed to get the name of one of their UK media relations people, and sent her an email threatening to make public the shady tactics they subjected me to, as well as emailing the area manager's regional manager -

 

Suggestions / senior contact details welcomed !!!

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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Without a transcription it will be difficult to back up your claim, as the provision of the CC number (unless under duress) is deemed as an agreement for that debit to be made. Makes you wonder why firms don;t want to take cheques!

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Well they said they would do nothing, spoke to the London area manager who also said nothing they could do, its the restrictions imposed by the airline blah blah blah

 

So I did some digging, found the name of their global head of media relations, fowarded the mail to her and advised I would be making the shady tactics public

 

70% refund of airfare negotiated, takes 3 weeks to get a refund from the airline to the agent and then to me, so they offsetted the refund against the flight I booked with the airline I want - and they even negotiated a discount for that too !

 

All in all 20% little out of pocket, but better than 100% - just proves the old addage is true, you need to make a noise sometimes :p

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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Singapore Airlines - best long haul economy by far

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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