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    • If you have the hearing date, you must have the courts Directions so you need to prepare your statement and disclosures.   Andy
    • Hi,  I've had some issues uploading and redacting this - due to file types etc.. I've blanked out the first 10 pages.  There is a contents list - so let me know which areas you need to look at.    Many thanks   
    • I'm sorry to say but it is pretty clear that you haven't read around the other Hermes stories on this sub- forum and you don't even appear to have read some of the posts that I have put up on this thread.   The issue of Packlink has specifically been referred to in about post number three of this thread. Also you have been urged on at least three occasions on this thread to read around the sub- forum at the other Hermes stories.   All the issues that are coming up in your claim and raised by Hermes defence have been dealt with repeatedly and there are lots of threads with very substantial  explanations as to the appropriate arguments. I even posted up links to to useful threads earlier on today.   We are posting this stuff up for a joke. We are posting it up to you to help yourself. You have to invest yourself in this because the case is yours to win or yours to lose and if you win then the money is yours to keep. You can win this easily but if you simply need to be spoonfed all the time and am afraid that you won't be sufficiently confident and also you won't be sufficiently in control of what you want to say when the mediator was on the telephone.   Fill in the form that you have been sent and send it off and then start reading around this forum and certainly you should come back here when you have read around thoroughly and you still have questions and we will be very pleased to help you. However, you've got to do some of the work yourself – that is the deal here.
    • Meanwhile in Wales Drakeford has admitted he is delaying vacccinations in Wales to conserve supplies     https://www.express.co.uk/news/politics/1385384/mark-drakeford-wales-coronavirus-vaccine-pfizer-oxford-astrazeneca-vncinations.   https://www.walesonline.co.uk/news/wales-news/coronavirus-vaccine-wales-mark-drakeford-19645075
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

abroadgirl v Abbey


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morning all i guess we are all quiet with this oft test case it would be nice to see another so i can chat to chris how did you get on what stage are you at just now apart from the waiting but i think it sounds good the judge saying what he said and 5 banks are appealing so fingers crossed we will win for sure

anyone else got anything oor any news take care

pop in when u can

hugs

abg

xxxxxxxxxxx

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heres my update

 

fos contactacted me and said that i have a case with shabby and that they were going to forward my case to a caseworker

sandra greene is her name.

so now heres my update

abbey alas yep they got intouch with me and sent me the normal papers and they said they are replying due to the fact that they had been contacted by fos etc the norm

get this

AGAIN they wanted the income & expenditure again how many more times do they want this and hardship lwtter i have lost count now as to how many they have recived so there i go again spreadsheets filled in the nessary forms any way i faxed 21 pages to them and to the fos

guess what i am still waiting for a reply

mind you i may be eager as it is only going on 2 weeks but thats not the case i think they are ignorant ans i havent got a acknowledgement fos send an acknowledgement

so how are you all doing would be nice to hear from anyone come on peeps we know that the court case is coming up but that dont stop us popping in land letting one another know what we are doing etc

take care

hugs

abg

xx

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Hi ABG, just popped in to update myself on how you going. You seem to be on top of things, and with OFT on your case now they will soon be kicking shabby into some action,but they will still drag feet.

 

Stone xoxox

=======================================================================================================

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Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

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hiya stone

it was nice to see you i ofton think how your doing etc,

on top of things iam getting a bit peed off now

i faxed 21 pages to shabby and fos as shabby wanted wanted hardship letter again for the 5th time

banks statements thats a laugh after they closed my account

expenditure and income again

basicaly they are wanting what they have already got so i faxed it all to them

guess what still waiting

how are you how you getting on

hows the family and your mum

nice to spk again take care

abg

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  • 3 weeks later...

update

 

oft case

 

Mr Crow, on behalf of the OFT, indicated that the investigation has not reached any conclusions at this stage. They expect to reach a provisional view - and communicate that provisional view to the banks - at the end of July. At this stage, Mr Crow could not state what the content of those provisional findings would be, now the extent of those findings. As a result, we do not know if those findings can be provided to the judge in this case, due to the fact that there may be commercially sensitive information within those findings.

 

Mr Crow did suggest, however, that those findings could be redacted, if necessary, and thereby allow them to be provided to the judge. Smith J. was keen to ensure that this information be made as public as possible, for obvious reasons.

 

Although the judge has yet to give directions, it appears that the OFT will be reporting to the judge by way of letter on 24th and 25th July as to the position at that time. The biggest concern for the judge was that the OFT and the banks would reach some form of agreement as to the current terms and conditions and would therefore discontinue the current litigation. This would cause significant problems for the issue of historic terms as they affect thousands of cases currently on hold in the county courts. The judge was keen to stress that in his opinion, this test case was the best vehicle for determining the issues, rather than using test cases from a number of individual consumers. It appeared that both the OFT and the banks agreed with this.

 

In respect of the appeal, the Court of Appeal indicated it could hear the appeal in July, but the OFT indicated that it was not in a position to start the appeal hearings at that time (although the banks were prepared to have the hearing then). As a result, an appeal window of late October to mid-November is the most likely time for the UTCCR appeal to be heard. Since we do not yet have a ruling in respect of historic terms for either UTCCR application or penalty charges at common law, it is not clear whether those issues will be heard at the same time. Having said that, I am of the opinion that the Court of Appeal will probably want to deal with all the issues simultaneously

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here is my latest

Dear xxxxxxx

 

 

YOUR COMPLAINT ABOUT ABBEY XXXXXXXXXXXXXXXXXXXXXXXX

 

Thankyou for your recent letter received in respponse to my emails dated 15/16th april 2008.

 

I have considered the additional information you have supplied but even after taking it into account I still consider it unlikely that more investagation would result in a different outcome.

 

I say this for the following reasons:

 

. My understanding is that you are seeking compensation as you believe that the bank closed your account in retaliation to your claim for a refund of bank charges.

In light of this I have made futher enquires.

 

 

The bank has now responded to us the bank says that your account was closed in june 2007 when it was reffered to its debt recovery dept in respect of an ourstanding overdraft of £329-75. the bank says that the debt had been these circumstances since feb 2007 and you had not made any payments to it in these circumstances I am persuaded that the bank closed your account due an outstanding unpaid debt rathen than in retaliation to your claim for a charges refund as such I am unable to uphold your complaint in this reguard.

 

I futhure understand that you think the bank should refund the charges you dispute as you Meet the criteria for finacial hardship in this regard I should explain that neither the bank nor this service dispute the financial difficulties you are currently experiencing however this does not mean that the bank is oblidged to refund the charges you have disputed ahead of the finall outcome of the current legal proceedings relating to bank charges.

 

Having said this the banking code requires that banks should treat customers in finacial difficulty postively and sympathetically so I have considered whether or not this has happened in your case.

 

 

In this regard the bank has told us that it has looked at your complaint about financial hardship however it does not accept that it is under any obligation to do any more than it has at this stage.

Having considered the position very carefully I am inclined to agree with the banks assessment I say this because the bank has told us that your account has veen suspended and it is currently not pursuing you for the outstanding debt as such the bank appears to be meeting its obligation under the banking code.

 

For the reasons stated above I think its approopiate for your complaint to remain on hold probably untill the legal position has been clarified however if you disagree please contact us by 8 july 2008 to expleain your postion

 

If you have not responded by this date I will assume that you are satified that your complaint about the charges applied to your account will remain on hold until the legal next steps have been sorted out.

You do not need to do anything else right now. We will be intouch with you when we have news to report.

 

END

 

 

Now for my comments to this letter……..

1. letter sent to sandra greene aplogising for the delay due to health and being in hosp with a servere angina attack………………………………………….

2. yes my bank account was closed without me getting any word to tell me they were closing my account. None of the debt recoveries would take on there case due to court proceedings and that the fact was/is these charges were for the same item cheque for £250 pounds my dissability went in the day after, the chatrges for this went on to feb march april may untill they closed my accdount 26 june 07, each month they were repeated charges that’s how they got the total to the amount they are speaking about, I stopped my dissability and moblity going in as they were taking charges out and I had enough of them leaving me with nothing to live on, one week they left me £1 to live on for the 2 weeks I went in crying and told them what has happened and they said sorry but they cannot do anything the lady still works there.

3. they have admitted hardship

4. they did not treat my case with sympathy at all.

5. the is not so the debt recoveries don’t want to handle there case with this they told me they were having nothing to do with it as I have said I spoke to he said that abbey were wrong in repeating the said charges for the same cheque…..

6. here are the dates 9th jan cheque £250 9th jan unpaid cheque £250 11th jan bal carried forward to next statement £124.75 feb-march –april2nd unauth o/d fee £20 2nd april clearence fee £20 april 2nd clearence fee £30 april 2nd clearence fee £30 april 2nd clearence fee £30 april 2nd clearence fee £30 2 april fee £30 unpaid d/d 2nd april £35 2nd april interest charge 38p 2nd april AGAIN £35

 

A/C Balance £295.73-

Available £295.73-

 

Same cont charges……….

April 11th 12 may

Balance brought forward from prev statement £295.73

3rd May charge £20 not authorised

3rd may interest £1-19

Balance brought forward £316-92

 

May june toal charges up to closing account

Bal brought forward £316.92

Interest £6.02 = £322.94

 

I wrote oro abbey on the 14th and 19th july 07

To close my account as I knew then it was repeated charges from the 9 jan cheque £250.

 

Sorry its taken so long I still cannot get scanner to work I have typed this out..

Tyvvm hugs

abg

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ghee it is ssssoooo quiet the threads all have gone sshhhhhhhh arh well i will post now whats been happening with me health wise

 

 

 

hello all

how are you all

i am sorry im only popping in but as most of you know i was in hospital, at first i thought it was the eld asmatha playing up but when the pains came i knew but these were diffrent from the angina attacks i have had before as the pains were in my back as well as the front and the crushing it was the same but not in my back, and i didnt have the tingling in my atm/hands etc well the dr came then the ambulance durdurdurdur the sirens going so dr put the equipment on like they do and turned out servere angina attack, so they kept me ion, well not to say did i have a mot they went through me like a dose of salts blood here blood there blood bloody everywhere, u know what there like when they start hahahha

well i was a bit miffed cause they never done this before ok take one lot of blood but not the amount they took aparently when they got results back along they came with more injuctions oh my whats going on and that damn machine when your on it most of the night well i was taken in at 3-30pm and they tood the heart monitor off at 12 midnight then up to the ward was i starving

yes

i asked the night nurse was there a machine etc as i havent eaten since 1pm all of the sudden a nurse shouts we only have one left and its tuna right offhandish she was i said quietly and politely yes please now wait for it i dont like tuna but i was so grateful as i was starving..........and i ate it lol

well now i couldnt sleep i was to have wait for it more blood taken from me at 2-45 am in the morning well i have restless leg symdrome no tablets with me, aaaaarggggggggggggg i told the nurses in emergancy dept cardia dept and on the ward they were getting me some but no they didnt well now my legs both of them were jumping they start of with a lil lift and shake well i know i can here you all laughing well at least ya all laughing, lol but then didnt they start laughs the nurse who was on all night kept walking passed and looking laughs she treid to take my blood pressure well u can imgine carnt you eventully she did manage it hahahha yes legs still jumping she must have told the dr who was on the ward and he came and said that is what u call restless legs and went away fine i thought still no tablets and the bloomin legs still at it yes they get higher n higher its awful when they start like this so the doctor came back now its 2am he said to the nurse to give me a sleeping tablet oh yes great i thought well im having this blood taken from me at 2-45 am well the nurse didnt come to 3am yes im still awake well it wasnt long after yes hooray i drop off to sleep !!!!!!!!!

so im waiting for the drs rounds to say i could go home oh no not more blood yes more blood they were going to keep me another day oh no no please so after a disscusion im going home 7 - 30 pm im off........... but before this i was told that i have anemeia so here comes the iron tablets i have an xray they dont know where the blood is going inside me fine i thought then a lady dr came with the sister want to examine me the dr pressed on my tummy i nearly hit the ceiling he said oh was that sore i said no it was the injection they gave me in my tummy i will put the pic in how my tummy was after the jab, so then they wanted to examine me the other end oh i said i dont know i was so embarresd so the dr and she and he would leave it to me for to decide oh no what a decision to have to make so the male dr left me in the hand s of the sister and the female dr and theyre both saying we know its embarssing and we know how u feel but honestly we dont bother yes it is embaressing but then i said ok get it over and done with dreading it all the time so she gets on with it and says oh my 20/30 piles oh great i said so all the drs came back and and what i lose anyway made them do the tests etc, so they explain and dr said its not good i just say alright you know what i mean i said yes and i left it at thet next thing i gets a letter cut along story short now i have to have a colonscopy on the large bowel on the 5th aug am i looking forward to that no no no i am in too minds as they are only giving me a sedative now the last one i had was in the eighties when i had a camera doen my throat to see what was happening they forund i have urnea but i seen/watched on telly my tummy etc the bloody sed didnt work i kept eving and after the sed was done it started to work so i dont know if i am going ahead with it i have confirmed it but am thinking very hard about it and will give them notice if i decide no

then they want me to have the cam down my throat to se what the urnea is doing etc as it comes as big as if its a babies heel

i go in hosp 5th aug

do u want to know more no okay im going to shut up now

take care all

i will put the pic in of my tummy what they did after that injection going to find it will post back here when i find it

hugs

fetch.dll?action=MyPhotos_GetMBPhoto&ImageID=nCwAAANICWxBG0yfa2rtnepNkVEfg3t8RpGlNbfH!qBo

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Hey,

 

I had a student account with abbey for 2 years. With this account I had an overdraft facility. I went overdrawn on this but repaid this within a numer of days of noticinng I went overdrawn which included paying the charge. I then got charged for being overdrawn again causing me to go over my authorised overdraft so I refused to pay twice for same thing. I have now been threatened with legal action if I do not pay full overdraft plus charges. Anyone got any advice. My account has been past n to abbey debt recover agency

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hello scully ty for coming in my thread and reading i did put my case in here lol somewhere but

abbey did the same to me i had an unortherised o/d, but what happended with mine was that i paid a cheque in for £250 and my dissability went in the day after but abbey didn ot accept the cheque so then in which i got the normaly charges now this was in jan 9th and from feb to june 26 when abbey closed my account with informing me, were the same charges for the january statement again for the same charges went on n on for the same

they then refered me to a debt recovery and i phoned them up and told them i was not paying as these are in the same continued charges for the same charges from jan to june and i am in the middle of taking abbey to court so they said oh we are not getting involed and will return everything back to the bank then weeks later abbey tried another diffrent debt rec, again i phoned them up and told them the same guess what they did the same

then i got no 3 debt recovery from edinbourgh yes you have guessed they did the same and i still refuse so now its on suspended, i then phoned abbey customers service where i explained everything to him in which the man said abbey were at fault and that they shounld not have kept the repeated charges on going for the same thing

so i wish you luck keep me updated hugs

abg

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Hi Scully, you need to start your own thread under whichever bank you are with. Spend some time reading up on other threads and the FAQ`s which you will find at the top of the page, then follow the tried and tested formula to reclaim these charges. Then write to the collection agency and inform them that the account is in dispute, they will then stop all action and pass it back to the bank. If you have any questions or queries just ask, there are lots of helpful folk around here who will offer you good advice, do not be afraid to ask "stupid questions" , we all have done at some time.

Good luck and keep us all posted, Stone

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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  • 1 month later...

ACEPTED TOBY BOND S OFFER

 

i was contacted by phone

i said i would consider it, as we have been quiet i went to legal seagulls

anyway i phoned them back and acepted there offer

now the thousand and odd pounds they have kept i will ongo with that but will have to see if the courts agree with us abbeys offer was a gogw.....................

so now i await

tyvvvm hugs

ABG

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  • 4 weeks later...

i won

abbey has paid up but

they have taken £329 from repeated charges ok i dont mind paying once but they repeated this charge feb, march, april, may june 26 that was when they closed my account and they repeated the same charge

im not happy about it as ive paid this charge 5 times

hugs

abg

how are u all getting on

hugs

ab

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Hi Abroadgirl,

 

Good to see you :)

 

Well done on your settlement, do you recall if they said this was a Full and Final payment ? If not, start again and go after these charges.

 

Lex

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HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 year later...

well well wwell

i got my charges back as everyone knows but yesterday i got a letter from them about bank charges and what is happenening then right at the bottom says i cannot claim bank charges since the outcome of the bank charges

i laughed are they daft ive had them and my account is closed well as you all know they closed it without telling me

 

i ripped it up

 

abg

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