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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

IF only now default me


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I have been in financial difficulty and in debt management since 2002

 

Intelligent Finance only now - in 2009 have decided to default my Credit Card and Overdraft balance

 

I have been paying reduced amounts since 2002

 

Only now in 2009 when most the balances are almost gone (less than £500 and less than £975 on the other) - they decide to default me!

 

They haven't sent me any letters confirming the defaults - but I have just had the accounts passed onto Blair Oliver & Scott

 

And looked on my credit report - to find 2 FAT defaults!

 

These accounts were opened in 2001 - went into debt management in 2002

 

Why didn't they default me 6-7 years ago??

 

It would of been settled and cleared and off my credit report by now!!

 

I feel this is totally unfair and they have just destroyed my credit rating for another 6 years!

 

What can I do - if anything? :confused::mad:

 

(I called them and asked "why now" and they said - sorry only Blair Oliver and Scot can discuss this - but it is IF that defaulted me)

 

WHAT MAKES ME MAD - IS THE BANKS HAVE BEEN BAILED OUT - WHO IS GOING TO BAIL ME OUT!!! I JUST CONTINUE TO PAY OUT - AND STRUGGLE TO FEED MY FAMILY!!

 

Yes I got into difficulty and made some bad decisions 6-7 years ago - but I am still being punished!??

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