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    • Peter,   I bet theres lots of overdrafts being recoded as a status 6 instead of a default contrary to the ICO guidance. This way the overdraft never becomes stat barred and like you say is valued more than a defaulted account. Most debtors are oblivious to this.   Anyway just after id paid £2.20 to send the letter recorded deliver Barclays rang and asked me to email it them.    Regards            
    • It is not a fine as for the supposed changes to date we,ve seen no instances of if it does actually change your position, nor that it did change anything north of the border   there is still no such thing as trespass in Scotland..   it will be interesting to see what their letter of claim will be too as the pre action protocol doesn't apply either
    • Hi.   You're in good hands with BF and Andy.   Is it these people?   http://www.decorium.co.uk/   HB
    • There has been no reply to the above question and so I am assuming that the claimant is prevented even from revealing that information. We have to respect their adherence to the agreement. However, nothing prevents me from speculating that the mediator would not have been allowed to impose a gagging agreement on either side and so I speculate that it is Hermes which wants to hide behind a gagging agreement and to prevent disclosure of how the negotiation went and how they were eventually obliged to pay the claim plus costs. Of course if Hermes really want to play this game of trying to gag people – then fair enough – but what it means is that people might decide to resist the gag from Hermes and instead insist on going to the County Court for hearing. Hermes will not be entitled to gag people when there is a County Court judgement against them. When there is eventually a County Court judgement against Hermes which discredits their prohibited items list for last items and discredits their so-called insurance scheme and also discredits their attempts to hide behind a contract with Packlink – when these things eventually happen then Hermes and the rest of the courier industry will be exposed. Then there will be a tsunami of claims and also I hope there will be a tsunami of back claims from people who have been unfairly/unlawfully deprived of their proper compensation because of the unfair treatment by Hermes and the other players in the industry.
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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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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

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