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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

Help on settled claims


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Hi

 

Both of my claims (RBS and A&L) have now been settled.

 

A&L have sent the closure letter that I'll be contacted shortly, RBS have made no mention of a/c closure.

 

Firstly, am I right in saying RBS rarely close accounts ?

 

Also - when A&L forcefully close the account will I have a set period (eg a month) to pay back the OD? Are they simply going to demand it all in a week and fefault me if not?

 

Also - I havent accepted the A&L offer , can I write back demanding the a/c is kept open and that I will not accept final settlenment unless this is agreed to?

 

Really worried they;ll defualt me, getting a mortgage this yr and have a fantastic credit history - dnot want it affected - sadly when I initiated the MCOL i was in a position to repay the OD in full - I'm not now.

 

Surely they'd accept the account being kept open if it was the only issue preventing me accepting the settlement ?

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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Bump -

 

Bump - just spoke to Legal at A&L, reiterated the same information regarding T&C's on the account.

At first tried to purport the decision would be made after investigation of account, finally managed to get them to admit that

as soon as they receive notification the cheque is cashed they will close the account.

Fuming about this - told them I'll be sending the cheque back demanding they issue me with a letter confirming the account will not be closed

(as I don't use the account anymore I've advised I will make no further claims) otherwise I will see them in court.

Any thoughts?

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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Just a quick reply as I'm at work - The OFT or FSA ( sorry can't remember which & no time to look up! ) recently upheld a complaint against A & L after they closed an account after a customer successfully claimed back their charges. They do have the right to refuse to offer you an account but them doing so under these particular circumstances may well be in breach of either the Banking Code or some other code of practice. Sorry for being a bit vague but I know this has been widely covered in the media so hopefully someone else will jump in and make some sense of my ramblings (!)

 

Good Luck!

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