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    • Its a case of the template response didn't quite fit your request but with the added bonus of throwing in a request to supply your Financial details.    .
    • Thanks for the prompt reply, I believe I was reading it differently to you then - So what you are stating is that Lowell have to prove the documents they filed with the court on the 29.Nov.2019 were indeed also served on me?   I would also ask - do they have to do this within a period of time? I read back this post ( I am still looking for my paperwork that I archived on this matter). It seems we did complete an AQ and that's why it went to mediation initially.    What should I do at this stage?
    • Hi again.....   You cant kinda give them a Letter Before Claim....it must be the correct format and headed same to comply with the Pre Action Protocol guidance.   It would be helpful if you could scan redact and upload a copy of this last letter/email  you sent with their response.   With regards to your last post its obvious that you dont know the process..which is understandable as most never want to get involved in this process. There is no such thing as Big Court as opposed to Small Claims Court ...should you decide to litigate you will be issuing your claim through the Small Claims Court...which can be don on line.   Have a look at MCOL and get a feel of the web portal   https://www.moneyclaim.gov.uk/web/mcol/welcome   Embarking on this action is not for everyone...but you will be surprised how simple it is without any legal knowledge.   Have a good read of the link I provided above re our other User facing the same dilemma as yourself and see how it runs step by step..in particular look at her Letter Before Claim...that will be your starting point should you wish to challenge this unfair and unjust consumer treatment.   .  
    • Might be worth a try   Lying in a hot bath at min and still struggling    On verge of ringing 111
    • Is this car park local to you?  If so, it would be good if you could go back and take photos of the signage.   The last time someone did so we discovered that Simple Simon had been so stupid as to put details of two different companies on the signs, which would make it impossible for the motorist to know which company they were entering into a contract with.   It would be useful to know if the signage is still pants.
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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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Update - Formal compalint made with ICO re ICO failing to protect.

 

One of the accuses provided by ICO is they are not a proactive organisation and where concerns are raised they investigate although in some cases this exceeds 6 months.

 

The ICO believe the it is acceptable for Equifax to email and verify claimant of any entry. Thats satisifies reasonable steps.

 

Will scan the defense lol for feedback and support

 

I intend to take this as breach of human rights to - I am permitted to live free from harrasment.

 

I also asked about stopping them processing my data and serving notice on equifax.

 

If they can prove they have leigitimate reason they dont have too!!!!

 

I have to prove i would suffer losses lol - done refused a bank account.

 

 

Feedback welcome

SBFIDO

 

Accredited Member of the CIEH

 

No more will I be bullied or harassed.

 

When informed that the call is recorded for training and monitoring I always say I don't want it used for training. :razz:

 

I always ask for the ICO registration information - they often dont have it, shame i never discuss my personal data unless I know they comply with the DPA.

 

Finally I always record calls and state at the start of there call. Although I don't have too.

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