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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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Paul v British Credit Trust. ** Third Party Now Involved**


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Well my DPA letter has gone off the British Credit Trust today. 40 days and counting.

 

As they have already defaulted me on this one and sent it to a collection agency I am keen to get the ball rolling on this one.

 

You may have noticed I have posted a similar thread about a Capital One claim. I thinks its probably best to keep them seperate as they will progrees seperately. Hope this is ok.

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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Preferred, in fact

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I have been informed by a phone call today that my agreement and loan with British Credit Trust has been 'sold' on to a third party going by the name of Marlin Financial.

 

After speaking to them they have given me 7 days to come to a financial arrangement with them regarding outstanding balance.

 

Do I now serve this company with a DPA?

 

British Credit Trust website has an FAQ section. One of the questions is:

 

Is it possible to transfer my agreement to a third party?

No, the agreement is only between you and us.

 

If this is the case why have they then been able to sell the debt on to a third party?

 

Just spoken to British Credit Trust by phone who told me that they have the legal right and perogative to transfer the agreement where as I do not. In addition they no longer hold a file as it has all been passed to the third party.

 

My question is do I deal with Marlin Financial now or ignore them and continue with British Credit Trust?

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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Hi all!

 

In my view...

 

send a recorded delivery letter to both companies to be on the safe side.

 

If further down the line you are shuttled from pillar to post you,have the evidence - Recorded Delivery Slips together with copies of the exact letter to each party i.e.the loan company and the debt collection agency.

 

In the event of the loan company returning your letter and informing you in writing regarding the "passing on of your account/records etc to xyz debt services",you also will have the evidence that you are dealing with the debt collection agency only which you should then retain.

 

In brief:

 

ALWAYS RECEIVE CONFIRMATION OF THE INFO IN WRITING - ESPECIALLY WHAT IS SAID IN A TELEPHONE CONVERSATION!!!

 

I hope you find this advice useful.

 

Keep us posted on how you get on.

 

All the best!

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  • 2 weeks later...

I find it all very confusing. I have over £500 in charges added to my £200 card limit, which I havent paid yet, and it has been sent to a debt collector. I have paid the £200 back over the last 2 years but now the debt collector wants the full amount, charges and all. I asked the same question about a Captial One card and someone told me to send a letter to Capital One and the debt collection agency and someone else said not to send one to the debt collection agency but to carry on paying them and then claim back from Capital One. If I had taken the first persons advice (which I appreciate as they were trying to help me) I would have had a CCJ winging its way to me. So I am not sure how you sort it with different, well meant, info.

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  • 2 weeks later...

 

My question is do I deal with Marlin Financial now or ignore them and continue with British Credit Trust?

 

You may find this thread on the debthelpuk forum of use, but you'll have to read through all of it to get the gist

 

http://www.debthelpuk.co.uk/cgi-bin/yabb/YaBB.cgi?board=DHUL;action=display;num=1139449055;start=

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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Thread Locked

because no one has posted on it for the last 5516 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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