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By lookinforinfo · Posted
Try to remember what the signs were like when you were ticketed. CEL are supposed to show the signage existing when you were there not the current signs. When signage is changed it is sometimes after they have lost in Court as a result of poor signage. Also if they state in their WS that the signs were as at the time of your incident, that calls into question the veracity of their WS as well as being perjurious. -
Hi dx, Yes, it does say on the letter 30 days to reply. Sorry, it was addressed to him, I just said I received it in my initial post for simplicity, really. His name is on the agreement. In hindsight there was a lot wrong with the sale: he only has a provisional license, appropriate affordability checks weren't carried out etc, you know what car salesman are like, they're only interested in the sale. Yes, I rang them up and said I had lost my job. I asked if the payments could be reduced or that the finance term could be extended but they would only accept voluntary termination and then requested that I sent them an email to confirm my decision which I confirmed on 21/07/2020. I sent several emails back and forth stating over and over that I could in no way afford to pay back the amount. They did unfortunately, email back with regards to paying 50% of the outstanding back: However, there was no mention of anything other than voluntary termination? -
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ah good. changes things then. but you must reply to them within 30days. we'll deal with that later. now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too? what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark. can you expand upon the how the handback came about and what they did and didn't say? all of the above if true bodes well to p'haps buffing this debt away . dx -
Hi dx, The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included. No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong. Thanks!
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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!
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