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    • I agree, you were polite during your call about this after I had called and highlighted this issue to your wife immediately after the delivery man reversed it onto my drive, handed me the documentation and left. However, I fail to see how your other correspondence and comments on here are respectful.   You did tell me it would cost £150 for you and likely £200 for me here. I’m afraid the invoice you sent was contradictory.   I had explained that I was grocery shopping when you called. When I saw the missed call upon my return, I decided it was better not to call you back after I made the mistake of accepting £150 based upon your word of what it would cost. In hindsight, I should have checked out what it would cost first. I can initially be a little naïve when it comes to believing things I am told, as I tend to judge people based upon my own values. Rightly, or wrongly I decided it better to communicate via email from that point.   I did respond to the email instructing me the £150 had been transferred to which I stated thank you, but I have yet to get prices for it.   You did not offer me ¾ of the cost of the repair in the first email, you offered: 1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet. 2; Accept a full refund for the car and we will collect it next week 3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   I’m unsure why you feel #3 in particular is relevant or respectful.   For you to do the repair would have been a considerable inconvenience for me in terms of time and money. The £20 offered for lunch and petrol would not compensate for this. I could ill afford the time and petrol money to bring the car back to you. Whilst I understand you and your wife do not have the time to do this as you have businesses and children etc, I also have similar commitments and there is only one of me.   As mentioned in my earlier comment on this feed, you only offered me the further contribution later after I had emailed you with my Consumer Rights and sent you photos. Before this you did not wish to negotiate any further.   I had not received any further advice before I decided to accept the further £112.50 contribution if it were still an option or stated that I am happy about it. As mentioned, this is only due to the time and stress of this.   Please may I request that you formally respond via the mediation service with this offer.
    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
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Which courts are carrying on????


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Full story is here ;

http://www.consumeractiongroup.co.uk/forum/citicards/91232-stornoway-citicards-incl-contractual-3.html#post1075473

 

Citi's lawyer was pretty gutted - she obviously thought it was a slam dunk.

 

The other cases were against Barclays Bank and Lloyds. Barclays cases were stayed to October 2008 and Lloyds to January 2008. One of the Barcays claimants was offered £3k on a £5k claim in April but had refused and was now gutted (the Barclays lawyer said that three weeks ago he would have wriiten him a £5k cheque on the spot).

 

My judge had heard the two Barclays cases before me and it was a different judge hearing the Lloyds case. My Judge did joke that the refusal of the stay in my case was showing inconsistency and not simply across the court system but across the rulings of a single judge in a single day !!

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Camdenite - stick to the info on this site and you cant go wrong. I wrongly though that there would be no stay application as mine was a credit card claim but luckily had internet access with me and could look up the key points re objecting. Take the objection info with you and it argues itself admirably.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Just found this thanks to KOG on Halifax forum. Might help in putting together an appeal against a stay given that Abbey seem to be blatantly ignoring the advice in letters received today.

 

'If the firm attempts to resolve a relevant charges complaint after the date of this direction (other than those described in condition 12(4)):

(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then...'

 

 

 

Full waiver Directions can be found here.

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/direction_disp.pdf

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Stornoway,

 

You're a jammy so and so. I used the Cag objections and some of my own about hardship and still got a stay awarded. I even threw in Failure to Comply (admitted in court) but it didn't make any odds. I felt the Judge was sympathetic, especially to the Human Rights Argument, but in the end gave way to the Bank. I guess it depends on the Judge and the day. I am pleased you won it though cause it gives everyone a boost for their own hearings.

Regards,

John.

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Hi sorry my daughter has just spoken to Weymouth court last week they were carrying on as normal. today they have recieved a letter to say all cases are stayed until jan 2008.

All advice given is without any liability and has been picked up from my own experiences.

Never give up hope - Life is to short.

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Hi lee,

 

thanks for starting the list of courts staying the cases, I thought whenI first posted the news regarding Halifax and Bradford, I was missinforming people and was about to withdraw my initial post and apologise,:o

 

I still feel bad about the initial post, but my heart is telling me to carry on, although it may take longer than most would have wanted, I've been trying since April, some since last year, some haven't even started, but we need to keep going and fire from all sides to let the courts and the banks know we will not go away until we have every single penny returned to us asap.

 

The pressure will be put more on the courts the more claims are stayed, they might have a quiet christmas (bah humbug) strange that! 'A Christmas Carol'? 'Greedy Banks'? 'Scrooge'! 'Rich v Poor'! need I say more!

yet when they return after they have eaten their fill of the biggest turkey in the shop window they will be inundated with claims it will put a massive strain on the Judicial system it will be too late to stem the flow.

 

You get a cut, you stop the bleeding, you don't wait till the cut becomes a gash, that is what the courts are doing, they are'nt stopping the bleeding they are waiting for the gash! then theres not enough treatment! and the whole system collapses.

 

Don't ask me what I have just wrote, it just came out. If it made any sense to you just click my scales;) , if it did'nt just click em anyway as I don't know what happens:confused:

 

 

I have posted on my thread 'chrisking1962 v nationwide' regarding my complaint to the Office for Judicila Complaints, regarding the UNfairness of the current stays being dropped in everywhere with NO consideration to the claiments. Check it out, and my advice, complain to them on a similar basis, you can use the letter if you want, just tweek it to your case!:cool:

 

stay fresh peeps

 

regards

chris

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LOL very good I like the Scrooge vs Tiny Tims!

 

It is annoying but keep the counting the pennies mines been running now since February 21st and now stands at £8110.09 Tee hee

 

They can carry on arguing this till 2010 if they want now I will look at it like a saving scheme.

 

Best of luck

 

Leecabs

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Hi,

Got my Hearings tomorrow at 2pm, received a letter today from SC&M staing that they have requested a Stay, they have asked that i inform the Court whether i accept or object to their request, obviously i object. Need to hand deliver my objection before 4pm today. Can anyone tell me where i can find info on what to put in my letter as my objections?

 

Any info on Liverpool County Courts stance on requests for Stays?

 

Thanks

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ok, who says that you have to reply to the court by 4pm today? did the court ask that you do or [problem] ? Either way ring the court and see if they have received the application and tomorrow you can tell the court that you object and see below for the argument, print it off and take it

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks Lula,

 

SC&M asked me to inform the Court of my acceptance or objection. I rang Liverpool County Court and they had received the request, i was told that it would weaken my defence if i had not responded to this request. I am unable to attend the Hearing, so i will need to get everything hand delivered today.

Regarding the link you have just posted. It mentions that this application is "Part C Statement on form N244 Application Notice" and that there is a £35 fee. Does this mean i need to fill in another form and pay the fee? Im currently in italy and have no way of doing this, im relying on family to deliver everything for me today.

Also in the 3rd section it mentions Lloyds TSB, is this document only for TSB claims?

Thanks

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Right, that is the statement for the removal of a stay, it contains the arguments against a stay, you need to amend it and send it to the court. Take out all references to part C or N244, its just the meat you need for the argument.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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My Abbey case was defended on Friday (only received paperwork today. I phone MCOL to see if this was one was stayed or not.

 

Apparently the high court has sent down a directive that ALL bank charge claims will now be stayed till the conculsion of the OFT case is known. All courts have been ordered to follow this directive.

 

MCOL will still accept claims but once they are defended they will be stayed.

 

What MCOL also said that if OFT win the case an order will be given that all cases in the court are to be paid out on. Should they lose, all cases within the court system will be struck out.

 

I did ask MCOL if we had the right of appeal against this decision. I was told yes we could appeal, but they receommended against it as the directive had come from the high court, so an appeal would have to be against the high court directive not the local court.

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Apparently the high court has sent down a directive that ALL bank charge claims will not be stayed till the conculsion of the OFT case is known. All courts have been ordered to follow this directive.

 

MCOL will still accept claims but once they are defended they will be stayed.

 

What MCOL also said that if OFT win the case an order will be given that all cases in the court are to be paid out on. Should they lose, all cases within the court system will be struck out.

 

I did ask MCOL if we had the right of appeal against this decision. I was told yes we could appeal, but they receommended against it as the directive had come from the high court, so an appeal would have to be against the high court directive not the local court.

 

Hi bit confused the bits I have highlighted in bold and underlined seem to contradict each other???

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Well I just called West London County Court who confirmed that is not the case and the Judge there is considering each case individually.

 

Abbey have still not applied for a stay on my case (hearing on Friday) but they still have a couple of days and may even turn up for the hearing to apply.......

 

Keep your chins up...

 

MOB

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