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    • Appears to me that the school will evidence that there was a contract in place as you paid for several years of schooling.  There is then a period when you were unable to pay the school fees and the argument is about the performance of the contract. Because the school could not provide the education services in the normal way, they will have provided adapted service, with remote teaching being provided using online video and electronically providing course work.          
    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
    • Shares in Meituan slumped after its boss reportedly shared, then deleted, a Tang dynasty poem. View the full article
    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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Fighting my way out of debt - is a credit report from Experian any good?


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Hello everyone!

 

I am about to blitz all my debt with a payout I have coming and I was wondering if anyone could give me any advice before I pay it all off...

 

I have been told that a credit report from Experian is a really good tool to use? Not really sure so I was hoping someone would shed some light?

 

I have a few thousand pounds of debt which isnt that much compared to alot of others so I have been quite lucky... But I would like to know whether I should just pay it all off in full or should I look into any of it further and see if I can shave any £ off the final amounts?

 

Your help is greatly appreciated!

 

Many thanks in advance

 

Craig

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Well a credit report from Experian just shows you the state of your credit worthiness, if you have never had one before you can have a 30 day free trial.

 

If you have DCA's after you and in most cases other lenders too, you can offer them a full and final settlement offer on the understanding that they put nothing adverse on your credit report or even ask them to wipe what they have written off your credit report, obviously you will need to see what, if anything, they have written first.

 

But I am not an expert in this field and I am sure one of the experts will be along to expand on my answer

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Well you really have 3 options.

 

1) you can take what debts you know about and pay them off at what they say.

2) you can take what debts you have and offer them a full and final settlement with what ever you want like, not allowed to pass on or chase for hte rest of the amount, data on your credit report removed etc. You must have this is writing so if they do agree to your F&F and terms make sure you have a signature from the company before you go and pay them.

3) you could CCA each and every company and find out if they have a credit agreemnt for you and if they have added any charges by sending them a S.A.R request. Then based on what you get back you can make your offers.

 

If they dont have a credit agreement then you dont have to pay them or you can just put them to the bottom of the pile for a full and final offer.

 

You need to go to the stickys above these threads and one called template letter. For a CCA you will need letter N.

 

This has a £1.00 charge that goes with it and it is best to send a POstal order or a cheque written buy a friend or family member. If you send a cheque from your bank add an extra letter but dont make it to ovboius. DONT sign the letter.

 

The reason i say dont sign the letter or send the po is DCA/ Creditors have been known to get photoshop happy and start copying and pasting on to credit agreements.

 

You will need to send this at least recorded delivery so you can prove it got to them as this is essential.

 

If you have any questions just give us a shout.

 

Chrissi

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanks Lula and Chrissi :)

 

You have been very helpful :)

 

If I were to go with step 3 then step 2 with the ones who can provide CCA would that be the best course of action?

 

I had no idea that they would do something quite as devious as digitally copying my signature onto CCAs!!!

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when step three is done you can actually claim back any charges they have put on your account As long as they DONT have a credit agreement this is a way that you can get the balance reuced even more.

 

It would be helpful if you could give us a bit more info on what the debts are as we maybe able to help u more as different debts have a few different rules.

 

If catalogues you would only need to add up the ammount you have in goods. minus the amount of other charges.

 

EG.

late payment fees+admistration charges+p&p+ payments made= deductable charges.

 

good you have recieved and kept - deductable charges = full and final settlement with conditions.

 

When you start to get replys back let us no and we will advise u further.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Oh the digital signature thing. I have heard about it and there is a few threads on here that say the signature is copied but l can say l have never come across it so l cannot say they if they do or dont.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Wow, thanks for the replys :D

 

 

Here is the breakdown... (all totals are approximate and rounded up to the nearest hundred except those under £100)

 

Tesco Insurance - £1400 - No communication from Tesco or any DCA regarding this debt in over 2 years but last communication was from Buchanan Clark + Wells in 2004

 

NatWest - £1400 - No communication from Natwest or any DCA since 2004 - Last communication was from Red Knight Services

 

KwikFit - £600 - Went to Nottingham county court and a CCJ was issued but no further actions or communication after I received the letter saying I had a CCJ

 

HFC - £300 - Was handed over to ScotCall DCA, then Keppe & Partners DCA and is now currently being delt with by Buchanan Clark + Wells

 

3 mobile - £70 - not a single letter from 3 or any DCA at all regarding this debt but it has shown up on my report from Experian

 

Tesco Insurance - £50 - I intend to pay this as it stands as this is my own fault and have no problems paying the full amount.

 

I think that about covers it all...

 

With the ones whom havent chased me in a few years shall I just leave them as they are and see if they get in touch then act on them?

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Hi SpiceBoy!

 

Nice to see you.

 

Just one small thing. It's always best never to post exact details of your situation here - if this were me, I'd post my debts as "about £xxxx" - just in case.

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Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Wow, thanks for the replys :D

 

 

Here is the breakdown...

 

Tesco Insurance - £xxx - No communication from Tesco or any DCA regarding this debt in over 2 years but last communication was from Buchanan Clark + Wells in 2004

 

 

NatWest - £xxx - No communication from Natwest or any DCA since 2004 - Last communication was from Red Knight Services

 

 

KwikFit - £xxx - Went to Nottingham county court and a CCJ was issued but no further actions or communication after I received the letter saying I had a CCJ

 

 

HFC - £xxxx - Was handed over to ScotCall DCA, then Keppe & Partners DCA and is now currently being delt with by Buchanan Clark + Wells

 

 

3 mobile - £xx - not a single letter from 3 or any DCA at all regarding this debt but it has shown up on my report from Experian

 

Tesco Insurance - £xx - I intend to pay this as it stands as this is my own fault and have no problems paying the full amount.

 

I think that about covers it all...

 

With the ones whom havent chased me in a few years shall I just leave them as they are and see if they get in touch then act on them?

 

It's up to you want you so about the ones who have not chased you. After 6 years a debt becomes statute barred - so it still exists, and can affect your credit rating, but it is not enforceable through the courts. So you may want to go the CCA/S.A.R - (Subject Access Request) route and clear all and only what you owe while you have the funds.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Nice one, SpiceBoy!

 

;)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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So much new information its hard to take it all in lol...

 

I feel as if I have been given enough tools to never be 'taken for a ride' again by any bank or DCA.. or anyone on the planet!

 

Dont you have a bed to go to? :p

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It seems like a lot now, spice - but you'll be amazed how quickly it becomes second nature.

 

In fact, I do have a bed. However, as I'm staing at my wee sister's over Xmas and we have a full house, I'm sleeping in the caravan in the garden with my 11 year old niece.

 

:(

 

And I'm never in bed at this time of night anyway.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Well anyone and everyone can fight the good fight after being on here.. Im so positively charged right now that Ive got all my paperwork out and Im drafting letters as we speak!

 

Caravan beds + me = worst nights sleep ever! - I dont envy you at all

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Glad to hear it spice.

 

Here's some links to help:

 

CCA is here (letter N)

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

SAR is here (will need modifying to your situation, but has the jist):

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

It's a good idea, when you get underway, to post a new thread for each case you are fighting - so that we can see how you are getting on and it doesn't get muddled.

 

Look forward to talking to you lots.

 

:D

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Thanks, I will post individual threads when I get the ball rolling for each debt and that way I can give all you brainy people something to occupy your time with :D

 

Im still reading up about what an S.A.R is and how it can help me etc (I have NO experience with consumer law or anything of the type, total novice)

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Basically, an SAR provides you with a total record of everything the creditor has on file about you. So, if you have had charges added, it tells you about these. And often this is where you can contest the debt - as OFT the (Office of Fair Trading) Guidelines says these must be reasonable (to summarise).

 

If a debt has been assigned to a DCA (Debt Collection Agency), as some of yours have, there are often high charges that you can query. In cases like this, once you know the situation, you can make a full and final offer based on the original debt and ensure that no adverse marks get put on your credit file as part of this offer.

 

In addition, if a DCA is chasing you for a debt, it is worth checking that they have the authority to collect, which is where the CCA request comes in. If they do not, the debt is not enforceable by them. I'd usually do this before an SAR, but this is up to you. The main thing is that it could result in the debt returning to the OC (Original Creditor) and you may have more chance of negotiating with them for a full and final settlement based on the original debt.

 

It's a game. It's not debt avoidance, it's debt management. Just ensuring that debtors pay what is fair.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Mind blowing! (well it is to me ha ha!)

 

Tomorrow (well later) will be an interesting day and I will be armed with alot of outgoing mail ready for after Christmas!

 

I will leave the ones whom have left me alone for a significant time until all the others are delt with and if I am still flush with available funds and its in my best interest to do so, I will contact them and see where it takes me.

 

Thanks for your time, Im sure its been put to good use!

 

:D

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You're now beginning to get into control of the situation - and hopefully won't end up back in debt 9 months down the line. This site is a great enable and support network and we don't judge people as some other sites do.

 

Debt happens to the best of us, as well as the worst and it is going to become more widespread as the 'credit crunch' bites deeper next year.

 

You're in good hands here and we will talk you through most of the processes involved. It's not about avoiding paying the debt, it is making sure the debt actually is yours and the company has a legal right to chase you for it.

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Wow, thanks for the replys :D

 

 

Here is the breakdown... (all totals are approximate and rounded up to the nearest hundred except those under £100)

 

Tesco Insurance - £1400 - No communication from Tesco or any DCA regarding this debt in over 2 years but last communication was from Buchanan Clark + Wells in 2004

 

Leave this one for now...

 

NatWest - £1400 - No communication from Natwest or any DCA since 2004 - Last communication was from Red Knight Services

 

Leave this one as well...

 

KwikFit - £600 - Went to Nottingham county court and a CCJ was issued but no further actions or communication after I received the letter saying I had a CCJ

 

When did you get the CCJ ? Is no-one trting to enforce this at present then ?

 

HFC - £300 - Was handed over to ScotCall DCA, then Keppe & Partners DCA and is now currently being delt with by Buchanan Clark + Wells

 

Worth a CCA... sounds like it's been sold on.

 

3 mobile - £70 - not a single letter from 3 or any DCA at all regarding this debt but it has shown up on my report from Experian

 

How long ago ? Leave this one as well, if you're not being pursued.

 

Tesco Insurance - £50 - I intend to pay this as it stands as this is my own fault and have no problems paying the full amount.

 

Ok...

 

I think that about covers it all...

 

With the ones whom havent chased me in a few years shall I just leave them as they are and see if they get in touch then act on them?

 

Up to you, but unless you have substantial charges in excess of the amount owed, I would let sleeping dogs lie.

Any CCA/SAR requests to go by rec. delivery, by the way.

 

 

 

:)

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Wow, thanks for the replys :grin:

 

 

Here is the breakdown... (all totals are approximate and rounded up to the nearest hundred except those under £100)

 

Tesco Insurance - £1400 - No communication from Tesco or any DCA regarding this debt in over 2 years but last communication was from Buchanan Clark + Wells in 2004

 

Leave this one for now...

 

Okies!

NatWest - £1400 - No communication from Natwest or any DCA since 2004 - Last communication was from Red Knight Services

 

Leave this one as well...

 

Okies!

 

KwikFit - £600 - Went to Nottingham county court and a CCJ was issued but no further actions or communication after I received the letter saying I had a CCJ

 

When did you get the CCJ ? Is no-one trting to enforce this at present then ?

 

09/06/2003 was the date the CCJ was issued - not a single person has tried to enforce the CCJ

 

HFC - £300 - Was handed over to ScotCall DCA, then Keppe & Partners DCA and is now currently being delt with by Buchanan Clark + Wells

 

Worth a CCA... sounds like it's been sold on.

 

In that case I shall be sending out a CCA in the new year... I thought it might of been sold on but wanted a 2nd opinion :)

3 mobile - £70 - not a single letter from 3 or any DCA at all regarding this debt but it has shown up on my report from Experian

 

How long ago ? Leave this one as well, if you're not being pursued.

 

I cant say from when right now as Experian is offline atm, but its older than a year for sure

Tesco Insurance - £50 - I intend to pay this as it stands as this is my own fault and have no problems paying the full amount.

 

Ok...

 

I think that about covers it all...

 

With the ones whom havent chased me in a few years shall I just leave them as they are and see if they get in touch then act on them?

 

Up to you, but unless you have substantial charges in excess of the amount owed, I would let sleeping dogs lie.

 

Any CCA/S.A.R - (Subject Access Request) requests to go by rec. delivery, by the way.

 

Yeah I thought that :)

 

 

 

:D

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