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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

Cant VT becuase of a default? HELP!


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Hi i knew my car finance was coming up to be paid 1/2 so i could VT. I sent a letter to the company asking when i could return the car, they responed saying that i could VT, but i owed the 6 hundred and odd pounds, roughley 2 payments, and when it was paid to contact their inspector to arrange a time and date to return the vehicle for inspection. I asked them if i could buy the car from them but was told that if i wanted to keep it just to continue with the payments. The car is worth a hell of a lot less than what i owe on it. I rang the inspector yeturday who said i could buy it from them and he would get me a price for the car. He rang me back today and said that unfortunatley i cant VT because the finance company had defaulted my account ( 2 missed payment ) and had instructed a repo company to come and collect the car!! I rang them straight away and paid the 2 payments and asked why i had not been contacted? They told me they had contacted me, turns out to my old address ( i moved 8 weeks ago and sent them a letter with my new contact details, which they say they never received) I Was told that i had missed 2 payments and was in breach of the contract and a default had been issued and i did not respond, and that VT IS NOW NO LONGER AN OPTION. They tell me i have to carry on paying 330 per month for another 2 years for a car that is worth 2k! It looks like i am now stuck with 7500 of debt for a car that is worth 2k unless there is some way i can get out of this?

 

Any help would be greatley appreciated

 

thanks

Edited by winslo
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Hello winslo,

 

First things first, they are correct in the fact you cannot VT while under a default notice but once this expires you should be able to as far as I am aware.

 

Where are the two payments from and when? reading through I was a little confused by this. If you owe these payments, you can make them up but they cannot refuse you the right to terminate the agreement. There are letters available on this site which can help you with this.

 

I will advise to do everything in writing as this is easier to recount if it ever goes to court.

 

can you clarify who the agreement is with, and the circumstances in which you are trying to VT.

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The default notice was issued on the 16th december, ten days after it becomes official.......the payments are now paid as of last week, but they refuse to let me VT.

The HP is with park motor finance and the reason for VT is i owe 7500 and the car is worth around 3k, i have paid 50% of the total agreement already.

 

cheers

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