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    • Well done on your victory!  👏   You must have a magic touch, it's extremely rare that the PPCs accept an appeal.
    • Court hearing today. WON on all counts of claim. The win though is not the interesting bit, but the ‘why’ is really useful. We were allocated 90 minutes but it took two hours by telephone . The defense were represented but I failed to note whether by a solicitor, barrister or other advocate.   As soon as the judge finished the introductions and before he had time to pass the time over to me to explain my case, the defense interrupted and asked the claim be struck out. He then spent the next 40 minutes discussing with the judge that I had failed to properly serve my bundle upon which I intended to rely. The judge asked me to explain and I said I had served the bundle to them and the court 3 days before the deadline, by signed for post with a tracking number to the address named in the summons being the Royal Mail Head Office in London. I said it was a bit rich that they were making this request when they had failed to serve me and the court with their bundle within the deadline and that I had only just received it. They quoted a certain principle of law (which I failed to write down) which explained that service of documents must be made to the address which either party may request service to be made. They claimed that six months earlier when they lodged their defense to my summons, the covering letter had been sent from their Sheffield office and it constituted the address for future service of documents. I of course had no idea of such a requirement and said that a simple letter heading on a piece of correspondence was not the same as a formal sentence in a letter requesting such future service. It gave the judge some concern but he decided to park the issue and allow the hearing to continue.   I was able to explain my case for the £50 compensation for the lost parcel using the evidence from the defense bundle referencing the Overseas Post Scheme. It was all straight forward. I explained the facts and let them speak for themselves. I then moved on to the delayed Special Delivery items. This is where the fun began because I had to argue against their terms and conditions. I used the defense bundle referencing the UK Post Scheme. I quoted from various clauses which explained the rules relating to claims. That ALL delay claims must be made within 3 months, then that Special Delivery was actually 14 days so not 3 months after all, then another clause which confirmed the deadline was 3 months for all delay claims. I quoted further that these were “common terms” and that some services (Special Delivery was one) had additional terms which were called “specific terms”. Another clause stated that where a conflict arises between common and specific terms, then specific terms took priority. So I turned to the Special Delivery section to quote the specific terms as these would have priority. There was only one term that referenced claims. It simply said If we do not succeed in attempting to deliver by this time (being the next day) we will refund your postage. I used this single phrase to take priority over the 3 months  or 14 day deadline mentioned in the common terms. I discussed how the various clauses conflicted with themselves as if the clauses themselves did not know what the deadlines were and how ambiguous and confusing it was.   The time was then past to the defense and he started to argue there was no contract nor liability in tort (a substantial portion of their written defense document and bundle discussed this argument). It made me smile because I was ready for that. The judge though was ahead of the game and (especially because 40 minutes had been wasted at the beginning) he did not want to hear of it. After about one minute, he stopped the defense by saying exactly what I was preparing to say. Simply that I was not suing under contract or tort but under the conditions of the various postal schemes for which they were liable. He asked the defense to answer my claims. The defense then prevaricated trying to argue the clause that distinctly mentioned the 14 day time limit within which to make a claim for delay (which of course it did) ( as an aside, most people might accept that deadline and not bother to pursue a claim). He had nothing to add about the lost parcel.   Time had run out, we had no questioning and the judge said he was summing up. He was quite happy I had served my documents sufficiently well and took the view that the defense had fallen foul of the court order so he was cancelling out the question about valid service. He had no difficulty in accepting the claim that the lost parcel was valid and awarded me the £50 compensation. He then spoke at longer length about the delay claims and the conflict in the clauses. (at this point I had no idea which way this bit would go). Then, he spoke of how a business such as Royal Mail should not be accepting clauses in their contracts which were clearly inconsistant. (that’s when I started to relax), (and then the best takeaway of the hearing), He said that common law provides in the event of a standard contract if there is any ambiguity, the interpretation should be judged against the person drafting the contract. He called it Contra Proferendem. (I had no idea of that concept but had effectively explained it anyway). I was awarded the whole claim plus costs. The defense asked for permission to appeal which was refused.    Remember the phrase “Contra Proferendem” . I shall be looking more into it. I am sure it will come in handy against any institution that have drafted contracts that cannot be individually negotiated. And will certainly be useful for a long while yet against Royal Mail et al.
    • The White House highlights the upcoming offer of free trips in the US by the ride-hailing firms. View the full article
    • Original loan was £5000 unsecured over 5 years, 28 payments remaining, he wanted to extend it back up to 5 year.........the bank offered him £6700 to clear his credit card and the bank loan, £135 per month from the original figure of £121    One debt of two years old and one debt of 15 months        
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
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Dicko V Abbey 5000+


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Been charged extortionately by abbey national and am trying to claim it back. Just joined site and dont really know how to get the ball rolling ive asked for all statements from may 2000 onwards but will be unsure what to do from there. Any advice or experiences on the best ways to approach it will be thankfully accepted.......Dicko.......

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Welcome to the site

 

First you need to thoroughly read the FAQs and the step by step guide here

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=243

 

Print them out so you can read them at your leisure. Once you have a good idea of the process, if you have any questions, just ask.

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Hi and welcome to the site.

 

The first thing you need to do is have a good read through the FAQs - you will find a step-by-step guide and lots of other important information. Also have a browse round the forums to see how other people are getting on with their claims.

 

Good luck!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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you need to make sure that your request to Abbey for statements was a Subject Access Request under the terms of the Data Protection Act (DPA). You make this clear in your letter requesting the information (see template in library). Did you enclose the statutory £10? It is also a good ides to send it recorded delivery so you have proof of delivery and you can start counting down the 40 days.

 

Good luck

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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i havent requested them for a data access request i phoned and they said they would post them in 7-10 working days. Have i done this wrong if so how can i rectify it..

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Don't worry. You haven't gone wrong. Plenty of people have done ok doing the same thing. The only difference with the DPA template letter is that it asks for details of manual interventions. In the (hopefully unlikely) event that it goes to court and they suddenly produce evidence that there staff spent days and days manually monitoring your account (ha!) then the costs would look reasonable.

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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have a look around the forums and see what peoples experiences are. there is soooo much to take in. so take it a step at a time. it is always good to know what may happen next though so you are armed and not getting in a flap.

 

personally i would send the dpa request with the £10.00 fee. hand it into your local branch ( if you look at the other threads it's well worth seeing their faces when you do) then you can start the 40 day countdown. also you could send them a letter when the 40 days is nearly up reminding them how long they have left to comply with the dpa.

 

keep copys of letters you send and they send you.

 

good luckx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Other banks may do what they promise and post out. Abbey do not have a good record for this. It's always better to send the letter with the £10 saying it is a DPA request then you have the evidence. Without evidence you will find it difficult, if not impossible, to take it further. Remember Abbey do not want to help you get your money back.

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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  • 3 weeks later...

just recieved only 1 yrs statements suprise suprise. charges totalling £1462 coldnt believe it myself. do i now proceed with the 40 days notice using the data access request template or did it begin when i requested the staments, i didnt ask for them under the data protection act. i'm sure the charges will total over £5000 so am i better off going for 2 seperate claims? this whole thing seems a bit daunting and i dont want to mess it up need the cash back!!!!!

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Well done.

You've got the ball rolling. Unfortunately Scabbey will use there delaying tacktic of sending a letter, probably from Pam Speed to tell you about how incompetent there filing system is and that your data is on microfiche and is not covered by the 40 day clause. If you read almost any of the treads you will find that this is a load of bull. There are letters you can send when you receive this from the Scabbey.

 

Will that's enough ranting for now, lets see if you are luckier than the rest of us (good luck).

 

Simcap:D

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is a charge for a bounced cheque classed as a penalty charge? i have many of them and they're only there because of charges been taken from my accounts making the funds unavailble, i also want to change the title of my thread is this possible, i made the mistke of opening a new thraed.

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i just signed up too and feel totally out of my depth too. that doesnt mean ill not carry on though. grabby WILL pay me my money back so i keep fighting

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  • 2 weeks later...

just recieved the letter regarding abbeys poor filing system and microfiche rubbish. Are the archived statements not subject to data potection requests? they say they dont have to be sent under the 40 day ruling so do i have to wait for them to arrive? they're getting annoying now but its only fuel to the fire. Is there anything i can do while i'm waiting?

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thanks! the £10 was paid on 10th july take it 40 days starts from then. why would'nt i let them take that fee? is it some sort of tactic used by abbey? just trying to understand about the process.

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just had alook at the template letter, my letter was sent by pam speed at the bradford office is this who i send the correspondance to or do i use the address on the template or stay with the address i have. should i phone to tell them i dont want the £10 fee to be used like that and tell them them i want it using under the data protection act? confused and want to get it right.

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Hi Dicko,

 

Good luck,

 

I shall be keeping an eye on your Adventures in Shabbyland as I kicked off my DPA request on the 10th of July and received the Microfiche letter yesterday, Using Alanfromderbys skicky today.

 

No advice from me as yet, just support and solidarity.

 

Best of luck

 

Bitingback

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

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Hi All

 

Thanks for all the work everyone is doing, but there is soooo much to read I'm getting a bit lost. I sent my Data Protection Act on the 3rd July ( i know it's a long time until now but have been working and trying to make sense of everything) and received the usual microfiche letter.

 

One problem found is that they have already taken the £10 out of my account. Do I carry on with the microfiche letter and swallow the £10 or do I ask for that to be refuned as well?

 

Sorry if I have asked repeated questions but I have read so many threads, the saying about "arse and elbow" springs to minds.

 

Peter

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i tried to do what someone suggested about going into the branch only to be greeted by a blank look and a sorry cant help you.go away and dont bother us sort of thing

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ive read of this somewhere before. they have just told them to give a receipt for the 10.00 and stamp the letter to say they have received it.

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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