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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

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:? Hi everyone!! I am new to all this so need lots of advice and support, I have been corresponding with the yorkshire bank for nearly 3 months and and have recieved the letter stating that there charges are fair and lawful and refuse to pay any money owed to me which is 1880.00 with 2 accounts with them. I have sent the letter stating if I do not recieve a satisfactory response I will start court proceddings!! Gosh I am actually getting scared now, the above total they owe me is without interest!

What do I do next!! at the minute I feel like letting it go, but then I think all that money they have taken and some months I have had charges that have nearly totaled my student bursary!!

Daisy 1

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Hiya Daisy,

 

From what I understand of your post, you've already sent them the 2nd letter [LBA] - am I right? If so, and they reply negatively, or not at all, within the 14day timeframe you gave them, it is then time to file your N1 or MCOL, where you also claim the 8% stat. interest, under S69.

 

If I've misunderstood, and you've only sent the first letter [Prelim request for refund], then you would send the LBA next, before filing your claim with the courts.

 

Hope this helps, and best of luck :)

 

PJ xx

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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