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    • Hi All,  I am posting this topic on the 6th day of the 3-5 day procedure.    I ordered a server for my home to store all my photos, videos ect.   On Friday 7th I ordered a NAS  server with two 4tb Hard Drives, one refurbished, and one brand new.  I put both drives in the NAS and the server came up with a warning saying the brand new drive was failing and should be replaced immediately.  I checked online to see if there was a simple solution, put the faulty drive in both server bays to eliminate a faulty socket on the server and established the drive must have been damaged/dropped prior to me receiving it.    So I called laptops direct on Sat 8th and they said because it was a weekend they were unable to help because the return has to be authorised by the tech team, so on Monday I raised a ticket and on Tuesday 9th they asked for a photo/video of the problem, I duly obliged with an image of the server screen saying clearly the drive was failing, and sent a message saying I had eliminated the possibility of the fault being with the server.   Every time they send a message it takes 24hrs to get a reply.   Later the same day a lady emailed back, she then thanked me and said she was glad I had solved the problem and closed the return.  I then had to call back and open a new support ticket and was again asked for a photo/video and I am still awaiting an email authorising its return, despite this I took it to the warehouse Wednesday and insisted they take the drive back and test it themselves.   Should they be doing this, I thought if an item was faulty upon arrival they had a duty to refund or replace, instead they are making me wait 3-5 days for the tech team to test the drive.  I did a simple quick test which took 3 minutes and established the drive was faulty.  The online literature states if the drive states it has bad sectors more than 2% as the server stated it had even if it can be restored to a working state you should not trust the drive and it should be returned. 
    • Hardly harassment if you hope that they send you another one on Friday !
    • Yes Andy, that was it  6.23.1.  That's twice I have been ambushed by CPR rules. It would be worth studying them to see if I can ever use to my advantage, or at least be familiar with them in any case. I still reckon a letterheaded paper with an address on it (different to the summons address of the defendant), does not constitute proper notification that service of further documents should now go to that address. Especially as the body of the letter simply said "Please find enclosed copy of defense" and gave no instruction that the new address was now the service address. Any how, the judge accepted my argument more.....................but it could have tripped me up. Instead, by wasting 40 minutes on it, the defense didn't spend enough time arguing the claim itself. In fact, I could have argued their defense far better than they did and would have done so on a no win no fee basis. My fee would have been for more than the value of the claim but far less than the one they had to pay their guy.  
    • I sincerely hope they do learn some lessons even if we don't know what they are.   So far with the handling of the Indian variant, letting thousands of people in on flights, dithering over putting the country on the red list and now over what to do about outbreaks in the north west of England, I'm not very confident.
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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.
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Hi all.

 

I incurred a £35 returned DD fee from the Clydesdale on the 26th May 2006. This has resulted in my account being overdrawn. No doubt that they will try to apply a £22.50 unauthorised overdraft fee later too. All for the oversight of a £17.99 DD!

 

This is the first charge I've incurred in about 8 years with this particular bank. I'm planning on starting recovery from other institutions shortly.

 

I'm sending my first letter off to the branch manager today Special Delivery as I all I got was a deaf ear at the call centre and the branch yesterday.

 

mac p.

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I'm pretty sure they will get this sorted for you pretty quickly, was it the prelim letter fromthe library that you sent?

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Good luck

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Yes it was the prelim letter from the library.

 

This is the first time in years that I've been charged by the CB. The account was pretty much used as a secondary account up until Oct 2003 when I filed for bankruptcy. By agreement with bank and the Official Receiver, I used it as my primary account as it took 9 weeks to open a Co-op basic bank account. I get my wages paid into the CB and transfer funds at the Post Office when I need to make Visa Electron card purchases.

 

As I've been discharged for over a year now, I am looking at pursuing all my previous charges with the HSBC, BoS, Barclays etc. It was a lot of those that spiraled the original debt causing me to file for bankruptcy.

 

I'll keep you posted on how I get on. Usually "one-offs" are resolved pretty quickly.

 

mac p

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Received from the local branch a reply today to my preliminary letter :

 

"I refer to your letter dated 31st May 2006 and confirm that your complaint has now been fully investigated.

 

After investigating the matter I have come to the following conclusions:

 

There were insufficient funds left in the account on the 26th May to pay the Direct Debit to Virgin Net.

 

Under the Terms and Conditions of this type of account there must always be funds in the account to pay any withdrawls or Direct Debits arranged by the customer.

 

Therefor under these circumstances the charges will stand and I have enclosed a copy of the Terms and Conditions for your attention.

 

I have enclosed for your information a copy of our internal Complaint Handling Procedures. These procedures confirm how to pursue your complaint if you remain dissatisfied with this response and how to refer your complaint to the Financial Ombudsman Service if we cannot resolve the matter.

 

If we do not receive a response from you within eight weeks of the date of this letter, your complaint will be considered closed.

 

I do thank you for taking the time and trouble to bring this matter to my attention.

 

Yours sincerely

 

Caroline Hill"

 

Time for the second letter, but should I send this to the branch??

 

Cheers

mac p

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What are they like eh.!?

 

I'd send it to the branch yes, their internal mail systems will ensure it gets to the correct person/department if required.

 

Make sure it's Recorded Delivery though - my branch of the CB have a particular habit of 'losing things in the post'...

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 4 weeks later...

Received a reply to my second (Letter Before Action) letter. It was dated the 23rd June 2006 and was from Neil McKirdy at Customer Relations:

 

"I refer to your letter of 8 June 2006 and would apologise for the delay in responding." [must be snowed under all those other claims]

 

"I note your comments on the charge of £35 levied to your account on 26 May 2006.

 

I would advise that the charge of £35 was applied in accordance with the Bank's published tariff and in line with the terms and conditions of the account, a copy of which would have been supplied when the account was opened. It is the customer's responsibility to ensure that the account is in funds to meet whatever items are drawn against it.

 

However, on this occasion only and as a gesture of goodwill, I am prepared to refund your account with the sum of £35 and I would advise that your account will be credited accordingly. I would further advise that your account has not been debited with service charge or interest as a result of the aforementioned charge being applied.

 

Once again, I must advise that it is your responsibility to ensure that there are sufficient funds in your account to meet whatever items may be drawn against it.

 

Thank you for taking the time and trouble to bring this matter to my attention.

 

If you are unhappy with the way in which your complaint has been handled or the outcome you may now refer the complaint to the Financial Ombudsman within six months from the date of our final response letter to you. Their address is South Quay Plaza, 183 Marsh Wall, London, E14 9SR.

 

Yours sincerely,

Neil McKirdy

Customer Relations Manager."

 

Well that wasn't too bad for two letters. Although I helped to get someone £330 in NatWest charges and they rolled over on receiving the first.

 

Now to get to work on all the old ones.

 

Cheers,

macp

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Nice one!

 

It's a small one, but a result all the same!

 

Good work

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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