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    • Please notice that I have had to restructure your text and introduce spacing to make it readable – especially for people using the small screen. Please will you make sure that your posts and future are properly spaced and punctuated. Thank you. It's a complicated story – but it certainly seems that Hermes managed to lose your laptop while it was in their care and so you will be able to get the value of your laptop back. We have lots of Hermes stories on this forum and so please will you start reading them up – probably at least six or seven of them. Take your time and understand the principles. Also, at the top of the forum you will find a sticky thread which is about the enforceability of insurance. It is important that you read this because you quite rightly did not take up their insurance offer – but when you sue Hermes – which you will certainly have to do, they will defend mainly on the basis that you didn't take out any insurance. You will have to have these arguments ready in order to knock them back. You will certainly be able to recover the value of your laptop and the delivery fee and court costs. You will understand the whole claims journey when you read the other stories. However, I don't think that the refund that you are hoping to get is recoverable. Can you tell us the basis on which you claimed the refund? Who did you purchase it from?
    • Start off by sending every party involved in this – insurers, doctors et cetera a subject access request. Do this straightaway. No harm at all in gathering as much information as possible. Secondly, people who have asked you for this money and ask them for a detailed account as to the basis on which they believe they are entitled to claim any money from you. Make sure that the letter begins by stating categorically that you do not agree that you owe them anything and that at no time have you provided any misleading information – you want a full detailed report on how they think you have misled them and the justification for the amount of money they are claiming. This is all about information gathering. Send a copy of the above letter to your insurer. It's a saying that you have been taken in by a bunch of ambulance chasers. They are out to rip you off and frankly they don't care how they make their money. Come back here when you have some answers
    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
    • Hi lookinforinfo,   No problem, regarding the 'Pay on Foot car park' sign there are two, one on the inside at the front of the carpark approximately 5-10 meters from the entrance and another one on the inside at the back of the car park roughly in the middle.  There isn't one at the main entrance to the car park.  Both are situated inside the car park front and back.
    • I wanted to send a laptop back for a refund and chose to go through Hermes as they offered the best rate for the size of the parcel.   I chose not to get it insured as I'd heard about it not being enforceable and a waste of money, especially as it only covered up to £300. After sending it off I was contacted by the laptop company saying that I need to get it back as the address they had listed on their website is no longer where they are based. I got in contact with Hermes straight away (same day) to try to resolve this. Parcel was sent off on the 24th of June, it was out for delivery on the 28th or 29th so I called Hermes and they were able to contact the courier to stop him delivering it, I was assured my parcel would be with me within a week. I checked the tracking on the 2nd and it said the parcel had been delivered to the neighbour of the address on the parcel, I called them as soon as I saw it and they raised it with depo for someone to collect the parcel and send it back to me, I have confirmation that it was retrieved and returned to depo on the 6th. I then checked tracking again and it had been redelivered to the same address on the 8th so I contacted them as soon as I found out, and they had to raise it with the depo once again. I didn't hear anything from them for a few days so I called on the 20th and they told me they had lost it and would send me a claims form and that I would get the value of my parcel as well as postage costs returned to me. My claim has been approved today but they are only offering me £20 for the laptop, plus the £6.80 postage fee. I needed to have this parcel sent off to the retailer by the 16th as that was my last day of being eligible for a refund, and because of Hermes's series of mess ups I wasn't able to meet this deadline and have now lost out on £408.99. Is there anything I can do to get the rest of the money back?  
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Nat West Claimants: New/and or unsure: Please read this.


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If you've already taken the first steps towards reclaiming your bank charges from nat west - congratulations! However, please be aware that the process you're entering into is not merely a case of asking for your charges to be refunded - there's more to it than this!

 

By reading as many threads as possible in the nat west forum, you'll find that most of your queries are actually answered. However, for clarification, please read on to ensure that you fully understand the reclaiming process against nat west.

 

The OFT Announcement:

Please continue to proceed with your claim as normal. The test case is a long way off - continue to meet all deadlines, particularly if you've already filed at court.

 

What can I/can't I reclaim?:

This is answered fully in the sticky section (nat west charges) http://www.consumeractiongroup.co.uk/forum/natwest-bank/79547-natwest-charges-guide.html. Please read the sticky fully before calculating your charges.

 

I have an Advantage Gold Account:

In which case, you should be aware that you cannot reclaim the AG fee as this is a fee for a legitimate service. For more information on this, please read this sticky http://www.consumeractiongroup.co.uk/forum/natwest-bank/27521-advantage-gold-unarranged-borrowing.html. You always deduct the AG fee from any charges.

 

So I've calculated what they owe me, what do I do next?

You enter your charges into one of these spreadsheets 6. Interest calculation spreadsheets. This then becomes your 'schedule of charges'. At no point do you simply 'send your statements back to natwest'. You'll need your statements later on if your claim reaches the court stages. So you only ever send them your schedule of charges until you're asked to supply copy statements (e.g., in your court bundle).

 

Where do I send my SAR/Prelim/LBA?

You should send your letters to the addresses listed in the contacts sticky here http://www.consumeractiongroup.co.uk/forum/natwest-bank/74934-natwest-contact-information.html.

 

Nat West state it will take 6-8 weeks for them to look at my claim:

If you're lucky enough to receive an acknowledgement letter from nat west, they will state that they're dealing with your claim and that it will take them 6-8 weeks to respond. You may wonder whether to wait - or whether to file at court. The choice is purely yours! If you decide to wait, you should be aware that nat west may only make you a partial offer - as opposed to an offer refunding your entire charges. However, they may offer to refund your charges in full. The decision to wait is purely your own - you either wait for an offer letter or you file at court!

 

I've had a 'gesture of goodwill' offer letter:

If you've received this at prelim/LBA stages and they're offering to refund your charges in full - congratulations! You should accept their offer as the 8% (s69) interest can only be awarded at the discretion of the courts - you shouldn't pursue a claim merely to 'add on' the 8% interest. If you're received this letter after filing at court - you're perfectly within your rights to ask that the court filing fee be added onto your claim. Send them a letter accepting the offer if they're prepared to add the court fee on top. If they're not prepared to add the court fee on top - continue with your claim.

 

I haven't had an offer from nat west and my LBA deadline has expired:

Simple - file at court! Whilst MCOL may appear to be an easier option, it's also fraught with problems at a later date due to the limited amount of space available to enter your particulars of claim (POC). Therefore, if you're considering filing at court - you should consider filing the N1 at your local county court. See herefor the N1 form and here for the Particulars of Claim (POC) to use. You'll need to print 3 copies off and attach a schedule of charges to each copy. Submit these to the court along with the court fee. You may be exempt from court fees - see here for further details.

 

I've filed at court, what happens next?

Nat West have 28 days to submit a defence from the date your claim is deemed as served on them. Cobbetts (their solicitors) will more than likely send you an acknowledgement of service after around 14 days - and a defence will be submitted around the 28 day mark. However, cobbetts are notorious for submitting a late defence - and the courts allow them to do so. Therefore, you shouldn't apply for judgement against them as soon as the 28 days are up as this will merely delay your claim as cobbetts will apply for a stay to give them more time to submit their defence.

 

I've got a defence from cobbetts:

In which case, this will more than likely have been seen a hundred times before! Post this up in your thread if you'd like further comment however.

 

I've had a CPR part 18 request for further information:

Unless the court orders you to respond to this, you needn't do anything. Merely send them this letter http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html along with a copy of your schedule of charges. If the court orders you to respond to this - adapt and send this http://www.consumeractiongroup.co.uk/forum/natwest-bank/67743-natwest-final-stage-i-2.html#post583665

 

I've got an AQ (allocation questionnaire) from the court:

In which case - again........ don't panic! Download this (if N149). You can complete this online - but you can't save it. If you'd like to use the Draft Order for Directions (see here for full details) and ask for the defence to be struck out as an abuse of proces, then in the actual section G box, you should put this;

 

Please find the following documents attached to this allocation questionnaire;

 

1A) Section G - other information

1B) Sample List of settled cases

1C) Text of order made by Lincoln County Court

1D) Mullen -v- Hackney BC (1997)2 A11ER 906

2A) Draft Order for Directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**

 

Attachment 1A) Is here:

 

 

In the xxxxx

County Court

Claim number xxxxxxxx

 

Between

 

xxxxxxxxxxxxxxxxxxxx - Claimant

 

and

 

National Westminster Bank – Defendant

 

(Ref. Xxxxxxxxxxxxxxxx – enter cobbetts ref no)

 

 

 

N149 Allocation Questionnaire

 

 

1A) Section G - Other Information

 

The claimant respectfully requests that an order may be made as follows;

 

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

 

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

 

Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

 

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

 

Please find attached a copy of an order made by Lincoln County Court (attachment 1C) in at least 10 cases similar to my own involving various high street banks. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer (attachment 1D)

 

2. In the alternative, should the court not be minded to strike out the defence, and if the claim is to proceed to allocation, the Claimant respectfully suggests that special directions may be made as per the attached draft order (attachment 2A)

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

 

Attachment 1B) is as follows:

In the Litigation Section on the main forum page, tick the following - claim number, bank (national westminster), date, amount, concluded only. Choose font size 8 and enter the details. Settled claims open up in a new window - you just print off all pages (couple of pages I think).

 

Attachment 1C)

Text of order made by Lincoln County Court

 

Attachment 1D)

Hackney -v- Mullen - See PDF attachment below

 

pdf.gifhackneyvmullenpdf.pdf

 

Attachment 2A)

Draft order for directions

 

Please be aware that it's up to the judge to decide whether the draft order is granted. If it is, you must comply with it. See here for further details (including which section to use on the AQ if you're sent a N150).

 

The AQ (plus all attachments) goes to the courts - with a copy of everything to cobbetts. :wink:

 

The Court has Dispensed With an AQ - What do I do next?

You could simply do nothing and wait for the court to contact you with further directions. However, it may be worthwhile to do exactly as Claimant's who receive an AQ are advised to do: make a request to the Court that the defence is thrown out as an abuse of process and attach the Draft Order for Directions.

 

The Court has Granted my Draft Order for Directions. What do I do?:

Well in four words, you comply with them! You send:

 

a) Schedule of charges.

b) Copies of all statements that show charges that have been made.

c) A statement of evidence which can be found here and here Both statements are the same - just worded differently! Remember - you'll need to include all copies of case law mentioned in the Statement of Evidence.

d) Cases and statutes as found in the basic court bundle here

 

Note: if the court has granted the draft order for directions - you need to be mindful of the strict deadlines. You must comply with these or your case could be struck out!

 

All other details pertaining to your claim can be found throughout the forum and you should familiarise yourself with the FAQ's, step-by-step instructions, templates, court bundle, etc.

 

Please post on your own thread for all other queries related to your bank claim.

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Fantastic hedgey

 

If you are jsut starting out, please note what hedgey says about MCOL - NatWest REALLY use the fact that MCOL doesn't have much space and their solicitors (Cobbetts) try all sorts to intimidate you and try to make you give up. Don't give them that opportunity. The N1 route is often quicker as well.

Steven

 

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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

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