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    • You didn't use Hermes insurance because you've never had difficulty in the past is a bit like saying that you didn't bother to look when you crossed the road this time because you've never been run down before. Luckily for you, the insurance requirement is unfair and unenforceable in our view – and I suggest that you start reading around the sub- forum to understand why and also the other arguments that will be used by Hermes against you to try and defeat your claim. Please also read around the sub- forum to understand the process, how it works – and the steps involve taking a small claim in the County Court. It's all pretty straightforward but it is worth understanding in advance, partly because this is a self-help forum and you need to take responsibility yourself – and secondly because you have more confidence in what you do. On your timeline of events, everything seems to be good. In fact looking your letter of claim you do seem to have understood why the insurances unfair and unenforceable – but reinforce your reading anyway. The only comment about the letter of claim is that you should headed up "letter of claim" – but everything else is to be good. Send it by recorded delivery but also confirm it in an email – using the same date for both so that the 14 day deadline is the same. While you are waiting for 14 days to expire, register with the County Court money claim website and start preparing your claim. You can save your work as you go. Post a draft of your particulars of claim here for us to check and get everything ready so that on day 15 you can click it off. Keep us updated
    • Sorry but I don't understand this at all. I didn't realise that you made an application for assistance with fees. And I had no idea that this was ever raised as an issue before. What on earth is going on? Are you able to explain what this is all about?
    • The country has seen electricity shortages that have left some factories and homes without power.View the full article
    • HI   Ah that little lets downgrade it to a Stage 1 Complaint so it looks like wee dealt with it properly if the Regulator looks at our books/files.   It's a tactic Housing Association use even my own recently tried that and I refused to let them get away with it.   So you respond to the Customer Service Manager NOT BY PHONE unless you can record the call.   To Customer Service Manager   Following our telephone conversation on XX/XX/2021 reference my Formal  Complaint you informed me that my Complaint was being dealt with as a Stage 1 Complaint.   I find this unacceptable as this Complaint was made via T&C online Portal with Acknowledgement receipt from T%C of my Complaint in July 2021 and T&C have now only decided to deal with this after I recently had to Hand Deliver (16th Sept 2021) that Complaint to your Office which is  unacceptable.   Therefore T&C have had from July 2021 to resolve this Complaint as per your own Stage 1 Complaint procedure and I quote:   Stage 1: Your complaint will be allocated to a member of staff who will contact you within 2 working days to discuss your complaint and understand the problem. We aim to resolve complaints within 10 working days, but sometimes investigations can take longer. In this case we’ll let you know, keep you updated and agree a timescale for our response with you. As the above has not been carried out and was only acted upon as previously stated when I hand delivered  my Complaint again on 16th Sept 2021 to your Office this is not a Stage 1 Complaint as T&C have Failed to carryout the above Stage 1 Complaint Procedure since July 2021 therefore my Complaint should be Escalated to a Stage 2 Complaint as per your own Complaints Procedure. If T%C refuse to escalate this Complaint to Stage 2 I require full Clarification as to why.        
    • Hi guys, I have recently found this website and have been reading a lot regarding Hermes scandals. Thanks a lot to all the people running and supporting this forum. Doing lord's work. Here is my case, hope I can get some help. On 07/08/2021, I used Hermes service to ship my laptop however the laptop never reached its intended destination.  On 16/08/2021, I had a chat with their representative over the phone to get an update on the situation. I was told they will start a brief investigation to find my laptop. After a long wait, on 14/09/2021, it was confirmed that my laptop was indeed lost. On 25/09/2021, I filled in the compensation form.  On 27/09/2021, I received compensation of £20 + postage of £5.80. On 28/09/2021, I asked them to review their compensation and reimburse me in full. (Formal complaint) The laptop was purchased on 02/08/2021 priced at £1049. Do have a PayPal invoice for it. I did not use Hermes insurance as I didn't have any trouble with their deliveries in the past. The parcel was declared as a laptop. I have prepared a letter of claim to send them as soon as they reject my request to pay in full. Few questions, I couldn't find answers about: Do i need to send email to Hermes with letter of claim or post? Next steps: Wait for formal complaint's response..  Submit letter of claim, wait 2 weeks, then register and issue complain on money claim county court website? Hope i can get some feedback on my letter of claim.   Letter of claim1.pdf
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Me vs Capital 1 - HELP!


rhysw83
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Hi everyone, I was hoping someone can point me in the right direction, I have already received my statements and calculated the amount in charges, I sent my first letter on 22 May (below) and I am yet to receive a response. Can someone please check my letter below and also the spreadsheet and let me know if I have done this right???

 

(My Address)

 

Strictly Private & Confidential

Ms Jessica Dubbeld

Capital One Bank

Legal Department

4th Floor

Loxly House

Station Street

Nottingham

NG2 3HX

 

 

22 May 2007

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: ****************

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £754.00 of charges. I am claiming this amount plus interest at the rate of 8% per annum from the date of each individual charge. I enclose a schedule of the charges which I am claiming with this letter

 

Additionally you have entered unfavourable entries on my credit record. These entries occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you amend the adverse entries from the register or alternatively remove the account from my credit file all together.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

Yours faithfully,

 

 

 

Rhys Wordsworth

Work Number: ****

Email: *****

Rhys Wordsworth Capital 1 Bank ************************* SCHEDULE OF CLAIM FOR CHARGES PERIOD: 22/03/2002 TO 03/03/2004 In Respect of:AmountDate IncurredDays since offenceInterest 8% APROverlimit Fee Charged£18.0022/03/20021900£7.52Late Payment Fee Charged£18.0028/03/20021894£7.50Overlimit Fee Charged£18.0022/04/20021869£7.40Late Payment Fee Charged£18.0029/04/20021862£7.37Overlimit Fee Charged£18.0022/05/20021839£7.28Late Payment Fee Charged£18.0028/05/20021833£7.26Overlimit Fee Charged£18.0022/06/20021808£7.16Overlimit Fee Charged£18.0028/06/20021802£7.14Late Payment Fee Charged£18.0022/07/20021778£7.04Overlimit Fee Charged£18.0022/08/20021747£6.92Late Payment Fee Charged£18.0028/08/20021741£6.89Overlimit Fee Charged£18.0023/09/20021715£6.79Late Payment Fee Charged£18.0030/09/20021708£6.76Overlimit Fee Charged£20.0022/10/20021686£7.42Overlimit Fee Charged£20.0022/11/20021655£7.28Late Payment Fee Charged£20.0027/11/20021650£7.26Overlimit Fee Charged£20.0023/12/20021624£7.15Late Payment Fee Charged£20.0028/12/20021619£7.12Overlimit Fee Charged£20.0023/01/20031593£7.01Late Payment Fee Charged£20.0028/01/20031588£6.99Overlimit Fee Charged£20.0021/02/20031564£6.88Late Payment Fee Charged£20.0027/02/20031558£6.86Overlimit Fee Charged£20.0006/06/20031459£6.42Late Payment Fee Charged£20.0012/06/20031453£6.39Overlimit Fee Charged£20.0007/07/20031428£6.28Late Payment Fee Charged£20.0014/07/20031421£6.25Overlimit Fee Charged£20.0006/08/20031398£6.15Late Payment Fee Charged£20.0012/08/20031392£6.12Overlimit Fee Charged£20.0005/09/20031368£6.02Late Payment Fee Charged£20.0011/09/20031362£5.99Overlimit Fee Charged£20.0007/10/20031336£5.88Late Payment Fee Charged£20.0013/10/20031330£5.85Overlimit Fee Charged£20.0006/11/20031306£5.75Late Payment Fee Charged£20.0012/11/20031300£5.72Overlimit Fee Charged£20.0008/12/20031274£5.61Late Payment Fee Charged£20.0013/12/20031269£5.58Overlimit Fee Charged£20.0006/01/20041245£5.48Late Payment Fee Charged£20.0012/01/20041239£5.45Overlimit Fee Charged£20.0003/03/20041188£5.23 £754.00 £257.19 £1,011.19

Any advice would be much appreciated as I really want to take them to the cleaners!!!

I did call the customer ralations number today and they said I didn't have all the security answers, they offered me an address to write to but I refused and said I would be taking the matter to court!!

Many Thanks

Rhys

 

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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Looks like my spreadsheet didn't really paste the way I wanted it to but you get the picture!

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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I would not ask them to amend the CRA entries. Ask them to remove them altogether.

 

They should not have put them there in the 1st place.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Cheers,

 

the entries are 1,2,3 and 4 months in arrears of payments, can these still be removed?

 

I used to work in an industry that required manual amendments of cais entries so I know it can be done, a couple of years ago I sent them a letter asking them to remove the entries but received no responce, I wish I had followed it up at the time but assumed that they wouldn't do it.

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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They will argue with you about it, but if they have no authority from you to process your data (ie a properly executed agreement) then they should not have passed any data to a 3rd party.

 

Keep the request for removal of the adverse entries in with your claim for refund of charges and you will get it removed.

 

Did you send them a CCA letter?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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No I have niot.

 

What are the main points of a DCA letter?

 

IO dont think I have valid grounds on which to appeal the entries as contained in my statements, I did not make payments for months on end...

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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The CCA templater is here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N.

 

Don't worry about whether you didn't pay for months on end. Just gather all the info first and then ask for further advice.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 2 weeks later...

Hi Mate,

 

had a little think and decided that for now I will just pursue my bank charges and then when I win my money back I shall challenge them for the removel of the entries from my credit record.

 

I can still do that cant I?

 

They have uintill tomorrow to reply to my LBA!

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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They are very, very unlikely to go to court over your fees. To do so would leave them open to having to prove their fees reflect their costs. As we all know, they can't do this.

 

If you make the adverse CRA entries part of your fee reclaim case, unless they want to step inside a court room with you they will settle out of court and remove the CRA entries.

 

Also, if you send a CCA letter and they can't produce a correctly executed agreement for your account, then they are doubly stuffed :)

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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If your trying for default removal as well, you should keep your claim as one package. Default removal because of the charges, and your charges returned. You must keep this intact as when they payback the charges, the default notice will be left off the settlement. Trying to get that removed on it's own is hard work. Let us know if you need any help with the removal.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Its not actually a defult, just 1's 2's 3s and 4s (late with payments). And I was late with my payments and sometimes didn't pay for months so I'm not certain that these should be removed anyway...

 

What you reckon?

 

In my letter before action I included this and stated that I wanted them either altering or removing the account altogether, so I shall put this in my particulars of claim when issuing my claim form???

 

Cheers

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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  • 2 weeks later...

Just to let you know, I lodged my claim on 28th June... £1,140 after interest and court fee!! They should have settled!

 

I look forward to their defence/offer of settlement in full!

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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  • 2 weeks later...

Hi, right, just got back from holiday and I have received Notice that Acknowledgement of Service Has Been Filed, cap 1 intend to defend all of the claim.

 

The defendant has 28 from 11.07.07 to file a defence.

 

What do I do now???

 

Also, I have read the Basic Court Bundle Thread which suggests that you need to include the terms and cond for your account, I have stupidly thrown these away, do I need to contact them and ask for them to be sent again? This might confirm to them that I have no idea what I am doing!

 

Cheers

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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Hi, right, just got back from holiday and I have received Notice that Acknowledgement of Service Has Been Filed, cap 1 intend to defend all of the claim.

 

The defendant has 28 from 11.07.07 to file a defence.

 

What do I do now???

 

Also, I have read the Basic Court Bundle Thread which suggests that you need to include the terms and cond for your account, I have stupidly thrown these away, do I need to contact them and ask for them to be sent again? This might confirm to them that I have no idea what I am doing!

 

Cheers

Rhys

 

Hi Rhys

 

This is ok. They normally say they will defend and just pay out. Check your account every day now. You're nearly there judging by their history.

 

uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Cheers uk, but what if they don't and I don't have the terms and conditions?

 

Should I ask for them again just in case?

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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I have a set of T&C's on my PC at home if needed. Should hear something any day now.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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