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    • Hi. This is the first year I had to ask Firstport could I pay by instalments due to company/job closures. They agreed on the phone I could pay instalments. No record was sent or a payment plan put in place. I simply paid on their website by credit card. I paid different amounts and paid every month but I had a blip one month & couldn’t pay so carried on paying the months after. A refund arrived in another month so I ‘used’ that as my instalment. Suddenly 6 months into the year I received a letter from the debt co. PDC saying I owe extra money plus admin fees. They did not know it had been agreed that I was paying instalments so I told them this.  They then agreed it with FIRSTPORT. I then pointed out I had paid up to date. I received no notification from FIRSTPORT about anything being overdue until an email came a day later than the letter!  I’ve been battling with them since November and they just don’t listen. I don’t want their sympathy as everyone has a nightmare year. But I can’t pay them anymore than what I already have to.  Is this all legal ?  many thanks in advance for advice. Marion. 
    • Its all political now Hightail, and the politicians are playing with lives, also Hancock seems to think that its ok to have a flexible interval between jabs, and mix and match vaccines at random depending on what available on the day, with no clue as to adverse interactions.  he should be in jail along with Whitty and ferguson,.
    • I don't think we have any reliable data for a single dose of any vaccine so far.  What we do have from the current protocol are great figures for how many people have received a single shot.  I'm concerned that's more useful for political propoganda than medical efficacy.
    • Tired of coronavirus now   Want to get back into work and I can't as just so wheezy doing anything at the moment 
    • Ah that explains it Simple Simon conflates English and Scottish Law at will, It would be very silly of Simon to sue in an English Court for a Scottish  car park  or use English process in Scotland.
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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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Hi,

 

 

I have a quick couple of questions. I understand that you can not have 2 defaults for a single debt, but what if a company defaults you (assume correctly for now) and then sell the debt to a DCA. They subsequently mark the default as satisfied and then the DCA adds another default?

 

a) Can they add another default if the first is still present, or does it not matter as it's shown as satified

 

b) Can they add a default without another default notice?

 

 

Thanks

 

 

Pete

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seeing as the cra and the dca's go hand in glove nothing surprises me

a, if one is satisfied then i suppose the second default is added by dca

b, again dca's seem to be a law unto themselves, if the debt is not actually yours then you do have a case to have them remove it.. if its just a case of unenforceable cca then that makes it a bit more difficult

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