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By Warcraft76 · Posted
Hi, Everyone was so helpful with my last issue I am hoping for a bit more advice. About three years ago I had a regular window cleaner company but they starting playing around. Firstly by randomly turning up to do the windows earlier than expected then one time they opted to come round and climb over my fence to do the back windows whilst I was out. Then the fun started as they claimed to have cleaned the windows on two separate occasions but it was apparent they hadn't (the birds mess on the kitchen window was the clue) and they tried to bill me for the clean. After two occasions of not cleaning the windows I stopped the direct debit system they used (go cardless) as I refused to pay for something they hadn't done. Queue the various demands for payment which I ignored. They sent letters in the post asking for £60 and a year ago said if I didn't pay they'd send me to the debt collection agency. Today, I get a letter from elite debt collection in Sunderland asking for £72 for the window cleaning company as they are now acting for them with the popular if I don't pay in 7 days it's off to court threat. Firstly, as there was no signed agreement in place with the window cleaner firm can the debt collector add a fee to the alleged debt? Secondly, can they just rush off to money claim and take me to small claims without a letter before action? I'm quite happy to defend if they did as they didn't clean my windows no matter what random invoice they may have on their systems. Thank you -
bummer! can't see any movement there then. its nice to see though that he correctly clarified the differing reasons for the 6 and 3yrs limits. -
Hi Mop, I only ran through the SAR looking for any personal data you left showing. Get a pen and paper, go through the narratives and note down the date and anything relevant to what led to the debt or CCJ. If there's little or nothing to do with the debt or CCJ, that in itself is important. Do your best and come back with results. -
Hi dx, Unfortunately the FOS have refused to look at my case as they have said i have brought the case to late...... Please see attached. Complainant.Decision.pdf -
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jj58 posted a post in a topic,
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!
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Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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