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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.
       
      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!
       
       
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    • 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

Dicko V Abbey 5000+


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sent the microfiche letter today. Hope i havent left it too late go away for a fortnight on wednesday see what happens 26 days till deadline.

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going away on monday too and things are abit up in the air for me as well.Ddidnt get any reply to my subject access request thingy so im going to try a phone call before going to court dont really want to do that but will have to if they dont help this time

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  • 4 weeks later...

back off hols had a repeat letter about abbey's filing system load of rubbish.... just waiting for the 40 days to elapse now. it was mentioned in the letter that if the matter had'nt been addressed in 8 weeks they would consider the case closed can they do this leggally because im away with work for 4 weeks at the end of the month so didnt want to send my LBA and schedule of charges until im back inthe country to sort it all out. bit confused about time timescales...

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think i'll wait till i get back at begginging of october then they've got no excuses and i can start with the court proccess. depending on whether ive got all my statements.

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still no statements these people are ridiculous if only it was as easy for us all to take the mickey out of every one. is there anyone actually getting their statements of shabbey?

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yes some of them although quite a few missing which is more frustrating than not getting any believe me is it 40 days yet and have you got any statements at all

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yeah only 12 months worth. my 40 days has elapsed. But im going away for a month at the end of the week so dont really want to start anything till i'm back in the country otherwise i'm not really in control. Is that the right way to do it in my circumstances?

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Hi Dicko

 

You never know the other statements may have turned up by the time you get back (Well you can hope!!).

 

When you get back do an estimated claim with the info you have and do the prelim.

 

You can do it in your own time and if you happy to wait then enjoy your time away and then carry on when you return:).

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DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU

If you dont it wont be here:x

 

Let battle commence!!!!!:mad:

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

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thanks welly just wait and see if i eastimate would i just use the charges i know for the year i have then multiply it by six because to be honest i have no idea how much it is they've took the [email protected]#s for years........

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Hello Dicko

 

That's exactly what I did, but I found statements back to Dec '03. I sent my Prelim letter in with 2 schedules of charges. 1. A true list of charges for the last 2.5 years and 2. An estimated list of charges based upon the information I had.

 

Try and work your estimate list in the same format as your true list. I worked out what they owed me each month, say £90 per mth, then worked this out in charges, say 1 unauthorised OD £20 & 2 unpaid DD's £70, that would equal £90. I would then use this information on the spreadsheets each month for the length of time you are estimating for. This then gives you an schedule of estimated charges. Just mix the charges up a little to show a little ingenuity!!!!!!:)

 

Does this make sense? If not post back and I'll try to explain it again!

Hope this helps.

Phil:)

This is only my personal, honest opinion!

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i just figured i had one gharge at least every month so i was being fairly reasonable asking for just one per month

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  • 3 months later...

hi, all back from a long time away work forced me to the sunny desert for a few months, still no statements from abbey only the years worth as mentioned before, phoned them kicking off had enough of there S%^t now ive given them enogh time 10th of jone 06 was my first phone call asking for the statements and mid july payment was given for my statements has there been any progress or new things i need to know about before kicking the court proceeding route off? any help i thank for in advance!!!!!!!!!!

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Hi Dicko,

 

Just to let you know my situ, I only received 18 mths of statements from Shabby, sent them the LBA with the actual charges and also estimated the the the missing amount. Surprisingly they didn't pay up so I filed the N1 at county court. 2 days after Abbey acknowledged the claim and filed defence all the outstanding statements turned up and I used the n244 form to ammend the claim. The claim has now been transferred to the Mercantile Court and I am now waiting for a court date.

When you go down the court route I imagine all your statements will turn up.

 

Good luck.

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

[

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cheers biting back, got 1 yrs worth of statements here not really sure where i am with them, should i just send them the LBA with estimated charges for the last 6yrs based on the 1yrs statements have in my possesion. What is the best format to put the estimates in? bit lost now forgot where I was :eek: !!!!

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On the schedule (spreadsheet) I listed the actual charges (always taken circa 14 / 15th of a month ) then on that date for previous months i stated estimate for month (made the date entry 14th) and applied these for the previous years.

 

Hope this helps

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

[

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hiya nice to see you back my case has stalled somewhat due to computer problems so im still at same stage as you so gonna watch your thread for advice maybe you moving forward will kick me into moving forward cos ive lost momentum somewhat and seeing you moving might encourage me

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  • 1 month later...

Hi all hope everyone had a lovely christmas and new year mines been frantic. to my astonishment though i have recieved full copies of my statements going back 6 years which is good. any new news about the abbey situation? im about to prepare my schedule of charges to give to them is there anything else i should be doing at this moment any help is gratefully recieved.

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hi there james my original request was on the 10th june 2005, so i was waiting quite a while, I phoned them to which they said they had been sent obvious rubbish so i started complaining about the security risk now on my account and telling them how incompotenet they were and threatened a letter to the managing director with regards the matter they said they would be re-sent and i should get them within 28 days which i did but its still been 7 months from my initial request

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how do i set up my schedule of charges cant seem to find it anywhere, I'm probably been thick any help gratefully recieved want to start my claim asap.

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Hi Dicko,

 

The schedule of charges is the spreadsheet you list all charges and date on.

 

It is available here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Just fill in your charges and dates.

 

Don't apply interest till you are filing at court.

 

Good Luck

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

[

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Finished my schedule of charges today and sending the prelimary approach letter. does anyone know the best person to send it to or should i just send it to the same person who signed for sending my statements? in the prelim letter it mentions interest charged on overdraft i havent included it, I dont really know what that is unless its the amount undernath all the charges with the prefix IBD.

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i dunno the speadsheet baffles me still and this is my second time round the prelim letter i think doesnt go to same person as statements person but check on that not sure who it is too if you dont find out by tommorrow ill look back at old letters to find out who isent mine to not that it makes any odds youll get standard letter back if your still stuck ill find it then xxkia

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does anyone know the best person to send it to
I would suggest sending the Prelim onwards to their Triton Sq HQ address unless you are replying directly to a specific letter which came from somewhere else in the Abbey empire. Regards Mad Nick.

Abbey £8370 settled 17 Apr 07

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