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    • what do you mean by withdrawn?  
    • Yes to everything – and in respect of step number six, if you haven't figured that out then don't do step number four. This is a self-help forum and you should start doing some of your own research. I've already suggested that you read up on bring a small claim in the County Court – and you should do that. Set about getting a crime reference number and at the very least get it in writing to the police so that you've got a paper trail. At least then you will be able to say that you reported it to the police on date X X – and here's a copy of your report. You can explained that because of the virus situation, no crime reference number has been issued as yet – (although by the time you get a hearing date, one may well have been issued). Also, there is a time in the procedure where you are offered the opportunity to go to mediation. I normally suggest that mediation is useless – but in this case – and particularly in view of the problems we are having nationally – I would suggest that you agree to mediation. This is not so that you can compromise. It is so that you can stand your ground but also make it very clear to Hermes through the mediator that you have clear evidence of dishonesty by one of their employees and you will be putting that before the judge. You can also make it clear to Hermes through the mediator that once you get your judgement – as you surely will – you will then be making certain that the element of dishonesty is published because you are sure that the judge will refer to it in his/her judgement. If you do go to mediation then you stand your ground – and you don't give an inch. You want everything in your claim including all your costs and the 8% interest. If Hermes try to shortchange you on the slight aspect then you simply announce that the mediation is unsuccessful and you then withdraw from it.
    • Thank you all for the advice   The reason for not getting a crime ref is considering everything that is going on in the world right now I would assume the police have better things to be getting on with, not a good excuse I know. I will get a crime ref no if experience in the past has stated this has been useful.   In regards to next steps am I right in the following;   1. Obtain crime ref no 2. Send a letter of complaint to either Parcel2Go or Hermes? Can I send it to both? I am siding suing Hermes due to the negligence and obvious tampering What should the contents of the letter state? Any good templates I can use? Email or written letter? 3. Wait 7-10 days 4. Send a letter of claim 5. Wait 14 days 6. What do I do on the 15th day?
    • I've always been surprised that you didn't have one as an avatar    https://www.google.com/search?q=isle+of+man+flag&sxsrf=ALeKk00JGanufFqZkJjwgIPaxA8uvMzYNg:1586356126438&tbm=isch&source=iu&ictx=1&fir=GdcJY5-EcJL-oM%3A%2C_vUUKiS4dsi5rM%2C_&vet=1&usg=AI4_-kQUNNPe7pHxUlLoS6L0IKY_j7pwUw&sa=X&ved=2ahUKEwiv4pyLhdnoAhVKRBoKHVqJC60Q_h0wAHoECAoQBA#imgrc=GdcJY5-EcJL-oM:
    • Apologies for the delay. Didn’t see your post.   Case was paused  and has finally been withdrawn as they were unable to comply with my Section 77 request.   Many thanks for your help and guidance. It proved invaluable.      
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srfrench

French v. Abbey (3) - Into the breach once more my friends!

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Excellent CARO.....always looking out for the others, that's why you're so popular :D

 

I do remeber receiving a Court Order when they were stayed, since then I've mislaid it.

 

However, looking back through my thread I see it says that the stay willbe in place until (Ithink) early 2008 regardless following the cessation of the High Court Test Case.

 

We all know the history of the Test Case now and was lead to believe that the stay remained until the FINAL Judgement in the Test CAse though I can't remeber receiving anything else.

 

That's why I phoned the Court to find out the status of my stayed claim.

 

My other claim was struck out in my local Court but I got that re-instated stating that the Test Case was still in progress. Success :D This is only at the stage that needs a defence filing from the Banks.

 

This claim as you know has gone past the AQ and Pre-Trial Hearing stage and was just awaiting final instaructions for exchange of docs and a Court Date. I think in all honesty, we may see no further AQ's but a Witness Satement and Document exchange and Court Dates.


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Thanks for the compliment.

 

It's interesting that Leeds seem to have done this quite quickly, and apparently without prompting. This does seem to me to be some kind of pre-trial or case management hearing. I could be wrong (I often am :rolleyes:) but no doubt you'll receive something in writing confirming what it's about. I still think it's very positive and shows the judicial system are still taking the matter seriously.


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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I think you may be right about this CARO.

 

Either way as soon as I hear or receive anything from the Court or Abbey, I'll post it up in full it's full technicolour horror ;)

 

Elsewhere in the forums it seems Lloyds are being asked to negotiate a settlement with Claimants and vice versa by the Courts. If no success by late Feb then they are being listed as to either be struck out or for the parties to apply to unstay the claim.


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I think you may be right about this CARO.

 

Either way as soon as I hear or receive anything from the Court or Abbey, I'll post it up in full it's full technicolour horror ;)

 

Elsewhere in the forums it seems Lloyds are being asked to negotiate a settlement with Claimants and vice versa by the Courts. If no success by late Feb then they are being listed as to either be struck out or for the parties to apply to unstay the claim.

 

New stays to negotiate a settlement in light of the test case I guess.

 

Interesting times.:|


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Nothing in writing yet I assume?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Nothing yet CARO but then again it's been Xmas and New Year so damn sure nothing has been coming out of the admin side ofthe Courts.

 

I think I'll be writing the Abbey to request their agreement to amend my POC's this coming week giving them a week or two to reply then writing to the Court to either extend my stay or unstay my claim.

 

Should give me a little breathing space in that period for anything to happen methinks?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well...that was an interesting meeting with my Solicitor.

 

Firstly, yes he agrees you can submit as "Adiitional Information" to support your claim. HOWEVER, he agrees also, and for safety's sake that the way forward would be to amend your POC's.

 

Glad that issue was discussed and now resolved!! :wink:

 

My Solicitor also has suggested that I give him (so he can forward onto a friend who is a QC) copies of my claim correspondence et al so that he can look it over and with the additional info (laws etc) advice me to see if it's worthwhile pursuing and in the alternate take it on on a no-win, no-fee basis. Meeting is set for Thurs afternoon, so am getting all my current docs sorted and including seperately all the additional arguments and statements in the light of post-SCoJ judgement ready to give to him to not only get his opnion but also to frame a new POC and argument using what new info we have been given so as:

 

UTCCR Reg 5(1)

CCA

Competion Act

Misrepresentation

Undue Influence (Common Law)

Penalties (Common Law)

 

It's also interesting to note that I have already sent a CPR Part 18 request asking them to disclose their T&C;s from 1996-2001 with no response and it was sent Special Delivery as well.

 

I already had a copy (ish) of their T&C's from 2001-2004 and it quite clearly states that if I BREACH these conditions of your overdraft....

 

Quite numerous mentions of BREACHING T&C's in it........

 

If anyone wants it posting up I'll hand type.....


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Does anyone have a copy of Abbey's T & C's from 1996, 1997, 1998, 1999, 2000 and/or 2001?

 

If so can you let me know please.

 

Many thanks :D


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Would appreciate a posting of any T&Cs...Thanks!

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Hi loveluck. Do you have a similar case to Frenchie? Perhaps you could start a thread and tell us what you're doing and what you need.

 

Will check the situation regarding T&Cs for the years stated.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Hmmm we have a 1800 overdraft and both lost our jobs.Abbey are adding interest everyday and as of today it is nearly 2200 and is going up every month.We have explained we have no cash but of course they dont wanna know.Can I send them the above letter and if so I can only ask for the 400 back as the 1800 was what we agreed?? Also how do I stop them adding again if they do pay us back the charges thanks x

 

Infact just looked at leter and it says overdraft limit 0 so I take it they want everything back which totals £2,154.76 and its a defaut notice

Edited by discod

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aahhhhhhhhhhhhhhhhhhh!!! the calm before the storm!! :cool:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ooooooooo ooooooo shock of shocks......

 

Just received a letter from the Leeds Merc Courts today and in it it says....

 

That the claim be transferred from the Leeds Merc Courts back to the Leeds County Courts.

 

That's it.....no mention of stays or whether it's in the High Court or Small Claims...or anything else.

 

I'll think I'll write to the Court to ask if the case can be re-transferred back to my local Court or at the very least back to the Harrogate Courts (the original local Court)

 

I was expecting a further CMC.....or maybe that's next?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ooooooooo ooooooo shock of shocks......

 

Just received a letter from the Leeds Merc Courts today and in it it says....

 

That the claim be transferred from the Leeds Merc Courts back to the Leeds County Courts.

 

That's it.....no mention of stays or whether it's in the High Court or Small Claims...or anything else.

 

I'll think I'll write to the Court to ask if the case can be re-transferred back to my local Court or at the very least back to the Harrogate Courts (the original local Court)

 

I was expecting a further CMC.....or maybe that's next?

 

What are they messing about at? First it's a date in January, then February and now this. Why don't they want to rule on it?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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I really wish I knew Caro......

 

However, the upside is that I have a little more time and the Leeds Courts will have to issue directions regardless so I might still get a notice of a further CMC.....we'll just have to wait.

 

On the plus-side they haven't entertained a reply by a date or a strike-out will be done letter?

 

Stay tuned to the next thrilling episode of "The Frenchy Connection".....if only I could join the dots to where these transferences will lead? :D


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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** APPEAL**APPEAL**APPEAL**

 

Guys, has anyone got a copy of any letter Abbey has sent to you in response to an unpaid DD or STO please?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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** APPEAL**APPEAL**APPEAL**

 

Guys, has anyone got a copy of any letter Abbey has sent to you in response to an unpaid DD or STO please?

 

 

probabaly, but it'll be at least 5 years old if that's any good


All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Charley.......yes even older if you have one?

 

If you can blank out your details and PM me with it I will be grateful. :D


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well.....some bl**dy damning evidence has now been found and my new amended POC has been drafted in readiness.

 

It's a corker and this time......it's personal! :D

 

Still nothing from the Leeds Courts following the transfer of the case from the Mercantile.

 

Might chase it next month sometime? :cool:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Look forward to reading more Frenchy.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Letter from the Court last week ststing that the Judge is now reviewing the case and will be issuing directions.

 

God's strewth......might as well join them for drinkies in the Boys Bar :grin:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Justice and the Courts: The Magna Carta set up permanent courts for different kinds of cases, and forced royal officials who accused someone of a crime to produce witnesses to prove their case. It protected free men from fines that would ruin them or that were out of proportion to their crime, and protected nobles from being fined except by the rest of the nobility. On the other hand, the Magna Carta also established that priests could be fined under the same rules as lay people.

One of the most significant and lasting clauses in the Magna Carta is Clause 39, which protects free men from being arrested or punished in any way unless the punishment has been agreed by a jury of their equals or decreed by law. This is called the right of habeas corpus. John also had to promise that, “To no one will we sell, to no one deny or delay right or justice.”

 

:rolleyes:


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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I'm verily impressed oh learned one 8)

 

It's embarrasing to admit that whilst I know my history the substance I lack.

 

I bow most humbly to your pro-offered knowledge and say that is a ruddy good price to quote.


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I'm verily impressed oh learned one 8)

 

It's embarrasing to admit that whilst I know my history the substance I lack.

 

I bow most humbly to your pro-offered knowledge and say that is a ruddy good price to quote.

 

:lol::lol:

 

Nice of you to say so but I happened to catch summat on t'wireless t'other day about magna carta and not delaying justice.

 

There's progress for you.:roll:


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Incredible isn't it:

 

Just received a letter from Abbey/Santander yesterday stating that they are looking at my complaint and it will take them * weeks to complete it.

 

My Court claim was at the hearing date stage before it was stayed 3 years ago.

 

If this is the incompetance shown then I think we're all in for an easy ride!!! ;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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