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    • Yes, you've successfully defended the action, which means that Link will have to produce a Witness Statement and have the gonads to see you in court.   They can't just get a default judgement.
    • Hi Andy Yes, its a question of what the court will enforce. the section 98 and 76 terminations are none default terminations. It is unlikely a court would give the creditor a judgement if they did not offer some kind of arrangement in the first instance. They did permit the overdraft.   You are right in saying it is not as cut and dried as in say a running account agreement where there was an agreed repayment schedule on the terminated agreement.    
    • One little thought that may help alleviate that pressure. Remember that, after you've filed your Tax Return, you have 12 months (to 31 Jan 2022) to re-open/amend it, claim any more expenses overlooked - or fix any other errors - and re-submit the corrected Return online. So long as your re-submission does NOT trigger additional tax/N.I. bills then the re-submission itself won't cause any fines or penalties. Get the Return filed as accurately as you can, and pay whatever tax/N.I. is due, by the end of this month THEN, if necessary, reopen the Return to amend/re-submit asap after that. Good luck with it all.
    • This could well be a Letter Before Action.  Please redact your personal details and then upload it.
    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
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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

Assignment of debt - Vil Collections - amex debt

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I wrote to Vil Collections of Surbiton asking for

1) True copy of the agreement from original lender (amex) (which Vil Collections have provided)

2) Are they the creditor? As the debt being assigned to them? Have they purchased the debt? If they are unable to comply they should confirm in writing (which they Vil Collections have totally ignored).


What next?

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Have you had a notice of assignment from Vil saying they've bought the debt or are they just collection on Amex's behalf?


can you give a bit more background about what the debt is?

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No Assignment from Vil

Their first letter asking for immediate settlement to be made to Vil Collections.

This was followed by my letter as detailed above.

Their last letter as detailed above says:-please find enclosed copy of Credit agreement with statement of account.

Immediate payment required now and send by return of post to Vil Collections.

Debt came from Amex charge card from 7th April 08

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Subject access Amex which should amongst other things reveal if the debt has been assigned to Vil along with the assignment notice.


Subject access letter - adjust/edit accordingly.



I reside in Dawlish Warren but am not a rabbit.

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I have just been looking at what Vil Collections sent me.


it is signed Amex charge card application form plus 3 pages of statement of account.


that can not be a CCA can it?


Forgot to mention


I received August 2008 a letter from Newmans of Leeds demanding payment on a overdue account from Amex and require full payment immediately or a default will be registered. Plus a referral fee (which i refused to pay).


The phone calls/letters never stopped untill my OH got her family to help and we paid £3k to Newmans.


One year later (August 2009) Vil Collections are now on my case.


I found CAG since, so no more £3k's

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  • 3 months later...

Hello borolad,


How are you getting on with Vil? (Funny how you can change the name with just the addition of one letter at the beginning or the end. :D)


I have been in dispute with Amex since the end of 2008 and hadn't heard anything from them since May last year, then another DCA in August, and now Vil. About to tell them that it's all in dispute but just searched and found this thread, so wondered what had happened? If anything.



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I have just been looking at what Vil Collections sent me.


it is signed Amex charge card application form plus 3 pages of statement of account.


that can not be a CCA can it?


I think taht you'll find that a charge card is not covered by the CCA

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