Jump to content



  • Tweets

  • Posts

    • English school leaders despair over new rules on Covid tests and  masks   https://www.theguardian.com/education/2021/feb/25/english-school-leaders-despair-at-soft-line-on-covid-tests-and-masks
    • They've estimated 10 years to agree a trade deal haven't they, UB? I think the Tories believed Trump when he said the UK would be at the front of the queue and have a quick trade deal and thought it would look good as an announcement after Brexit happened. It didn't dawn on them until quite late on that Donald might lose the election.   Why they ever thought US negotiators would do any favours is beyond me and now you see how other countries have asserted themselves over trade deals, the Tories global ambitions are starting to look naive.
    • It takes a long time to agree trade deals because there are so many aspects to consider.    UK companies trade with US consumers including US Government every day of the year, with the previous trade arrangements still in place.   There is no hurry to agree a new trade deal. It takes thousands of civil servants in both Governments to go into every aspect and they just don't have the people available to do this work.    
    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 33 replies

The MP's campaign-Responses


Please note that this topic has not had any new posts for the last 4740 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello crfx, have read that, after all your hard work. that's all you get? Like you say a great deal of template? what about the fact that ...qoute:- the first stage of the oft case begins in January!!! alarm bells ring, how long will they drag it out, how many phases will they invent?

Link to post
Share on other sites
  • Replies 1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I'm sorry to have to say this, but the FSA are an absolute joke.

"The Banking Code requirement for banks to deal with persons in financial difficulty sympathetically and positively has not been affected by the waiver."

My own experience with my ex bank was not handled sympathetically, & the only thing that was positive, was that they positively wanted to take my money, & not give it back.

I very much doubt if many ppl would put their hands up to say that they have been treated sympathetically!!

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thank you crfx.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi crfx and ja-de I phoned the court to ascertain what would be required for the hearing on 19th, in case I had to submit something within seven days, as we already established they so far have asked for nothing, well he told me nothing was required, obviously the application and my letters of objection and I think I should do a list of expenditure, but he said as I had already submitted everything before. So what do you think???

Link to post
Share on other sites

Well, I finally received a letter from Diana Johnson this morning, enclosing the FSA's response to her enquiries on my behalf. I won't bother posting/scanning it, because you've all read it here plenty of times already!

 

In addition to the letter, I also got a printout of the FSA's webpage Press Release regarding the waiver. (FSA grants waiver to firms on complaints handling)

Like I wouldn't have seen THAT before! :rolleyes:

 

Is there a template anywhere for a letter that I can send back to Diana Johnson letting her know that she's been fobbed off, or does anyone have any suggestions as to what I can write to her? I would try to compose one myself, but I've just had the morning from hell helping out on my four year old's school trip and my head is pounding!

 

Just you try sitting on the top deck of a double decker bus with 30 excitable 4-5 year olds! :eek:

Link to post
Share on other sites
Hi crfx and ja-de I phoned the court to ascertain what would be required for the hearing on 19th, in case I had to submit something within seven days, as we already established they so far have asked for nothing, well he told me nothing was required, obviously the application and my letters of objection and I think I should do a list of expenditure, but he said as I had already submitted everything before. So what do you think???

 

Hi Olden. To be honest I'm not up to speed on your case and I'm not the

best person to ask about claims either. Je-de?

  • Haha 1
Link to post
Share on other sites
Well, I finally received a letter from Diana Johnson this morning, enclosing the FSA's response to her enquiries on my behalf. I won't bother posting/scanning it, because you've all read it here plenty of times already!

 

In addition to the letter, I also got a printout of the FSA's webpage Press Release regarding the waiver. (FSA grants waiver to firms on complaints handling)

Like I wouldn't have seen THAT before! :rolleyes:

 

Is there a template anywhere for a letter that I can send back to Diana Johnson letting her know that she's been fobbed off, or does anyone have any suggestions as to what I can write to her? I would try to compose one myself, but I've just had the morning from hell helping out on my four year old's school trip and my head is pounding!

 

Just you try sitting on the top deck of a double decker bus with 30 excitable 4-5 year olds! :eek:

 

 

Hi there well done for that! I had the same fob off and wrote back to MP but I will have to find it later if thats any good, someone else on here will be faster off the mark I am sure I had their help for that anyway.

Link to post
Share on other sites
Hi Olden. To be honest I'm not up to speed on your case and I'm not the

best person to ask about claims either. Je-de?

Hi thanks crfx, I think i filled you in somewhere way back when, but I am so confused and busy at the moment I will have to get off and come back on here tonight. But I have just phoned the court again because I wanted to ask if they had any idea whether the bank would turn up for this sort of hearing? I spoke to clerk and then a woman who seemed more involved in the case, and finally she put me through to a Graham Driver, he said that he did not know but wouldn't think the bank would attend, also i asked about what to bring he seemed to think just bring what you thought was approriate to the Application. and he didn't give me a straight answer as to whether a new application was needed so I still don't know what amount of work to do on this Stay Bundle, I have copied everything, I don't know if I should take 3 copies to the court or post one myself to Barclays. HELP

Link to post
Share on other sites
Hi thanks crfx, I think i filled you in somewhere way back when, but I am so confused and busy at the moment I will have to get off and come back on here tonight. But I have just phoned the court again because I wanted to ask if they had any idea whether the bank would turn up for this sort of hearing? I spoke to clerk and then a woman who seemed more involved in the case, and finally she put me through to a Graham Driver, he said that he did not know but wouldn't think the bank would attend, also i asked about what to bring he seemed to think just bring what you thought was approriate to the Application. and he didn't give me a straight answer as to whether a new application was needed so I still don't know what amount of work to do on this Stay Bundle, I have copied everything, I don't know if I should take 3 copies to the court or post one myself to Barclay's. HELP

 

Hi olden, I've been doing a bit of searching for you, but I don't know if you have already seen this that has been put together, & posted by zootscoot. It's has about everything you need to know, & do, in case your claim has been stayed, & you want it removed. Here is the link Bundle for stay hearing. I'm sorry that I can't offer any more advice about this, but I hope this helps you.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thanks so much for all your hard work ja-de and crfx, much appreciated. yes I have copied everything on the bundle for stays list, tell me is it quicker photo copying them twice more or printing twice more, as a matter of interest?? My hubby seems to think that they won't take much notice because lots of people same time and day, he thinks just put the weight behind the crucial fact of the penalty charge being such an excessive charge for going over by small amounts, thus keeping us in the no win situation of increasing the debt instead

Link to post
Share on other sites

IMHO I think it'll be just as quick to print them 2x more, as you'll most probably still have a copy of everything on your comp.

It might just be to your advantage if there are quite a lot of ppl at the same place & time as yourself; as I don't think the judge is going to want to hear them all separately, not if they are all for the same thing. All you should need to do is convince them that yours is a case of you needing that money for bills etc.

  • Haha 1

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

thankyou once again I will start doing that now, I have been reading that item from stonedecroze, 'the big freeze leaves one million bank customers out in the cold'...staggering:eek:

  • Haha 1
Link to post
Share on other sites

I haven't seen that yet, I'll have to have a wander a bit later, & see what it says.

Your very welcome.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thank you for the click.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thank you banff

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

I've just been updating our MP's list, & thought it was about time I did an up-to-date Stat's.

 

Stat's Update for Saturday 13th October

MP's

**106 Contacted**

**50 Replied**

**490 Un-Contacted**

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi jade I'm so sorry it should be more, after all your hard work, not undermining the achievement with the ones who replied, what did the others do with the letters i wonder.

Link to post
Share on other sites

Hi olden, I totally agree with you there, somehow we are at least 50 replies down! One good thing that might help us, is that I have finally finished typing the complete list of MP's here so LivelyLad has closed, & duplicated it all over the site as stickies, so that everyone can see what we are trying to do, & hopefully will help (she says & types while fingers are crossed) by contacting their own MP. I might even go across to MSE & see if I'll be allowed to post a link on there.

 

I have also added all relevant links to my signature.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi ja-de, yes I think it would be a good idea, because as you know I don't see the see the same huge effort over there, as on here. ( personally I have not found much talk fo writing to anyone)

  • Haha 1
Link to post
Share on other sites

I'll let you know how I get on over there.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

I've been over to MSE, & the thread I found does have links to our MP threads, but unfortunately it has been closed, apparently waiting for a decision from the mods about an offer that was made, asking them to join us in our campaign.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...