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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 guys,

 

Am having some real difficulty completing the Cause of Bankruptcy section - no matter how I write it it doesn't sound right to me. Maybe because am too close to it myself, can anyone assist or give me some examples that I can re-word or at least get an idea of how best to describe it. Have a small dose of bankruptcy writers block 8-)

 

Also under unsecured creditors I have listed all the credit cards and there are two questions I don't get, 'Date incurred' and 'What was it for'. For credit cards that have built up over say 5 years what date are they asking for and if it was various things do you simply put LIVING EXPENSES?

 

Some pointers would be very helpful!

 

Thanks.

 

- Vic

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HI.. I just declared myself bankrupt... What a massive relief, fantastic!!

 

So in the date occured bit - you have to put the approx date you opened the credit/store card account and in the what was it for - put clothes,food,bills living expenses,holidays,consolodation - whatever you feel appropiate. As for your writers block, just be as honest as possible -did you take out too much credit? did the interest payments get too much that you could only pay minimum? did you lose your job? do a few rough copies and then you will see what jumps out as the real issues. It took me about 5 drafts. Also if it made you feel helpless put that in. When you go to court it takes about 3 mins in front of the judge and thats it, he/she will just ask you too confirm your name and address, if you have had some legal conselling and tell you not too take out a mortgage. Then you will get a phone call from the official receiver (still waiting for mine!). Also if you havn't recieved your gas/electric bill yet - when you get it phone through to your supplier and they will wipe your bill - up untill the day you went bankrupt - brilliant!!

 

I wish you all the best, I hope it brings you the peace of mind I now have!

 

:)

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Angel007 - thanks for the message. Its great to hear yours went well and that you feel relieved! I am hoping to go on Monday morning and get it all done once and for all.

 

I have never missed a payment for over 6 years, ever since I have taken out any credit. I started a business back in 2006 and invested my own capital into the business and over time there has been an accumulation of debt for living, expenses as one investment deal fell through after another I had to keep going as my capital ran out I used the credit available to me to keep going as a deal seemed so close - recession hit and alas the risk level for investment changed and although have tried over the last 6 months have not been successful.

 

My worry is that an OR will look at it as me using credit without any means to pay it back although its much more complicated than that.

 

Will try a few more drafts and see if I can get it sounding right.

 

Any other tips would be greatly appreciated.

 

Thanks

 

- Vic

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Angel007. Im so pleased it worked out for you. It is not for everybody, but for some, a godsend.

 

Fresh Start 2010. Great user name. And that is exactly what you will get. Dont beat yourself up to much about technicalities. Just put down what happened, it wont effect the end result. I said i mismanaged my finances. Thats it. Thats the truth. Not one question was asked.

 

I lost my business & £100k, yet i was made BR for pennies.

 

The whole process is very civil and strangely dignified. Some will even say liberating.

 

Best Wishes.

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Fresh - It doesn't sound like you abused your credit, it sounds like the **** hit the fan!!! I feel for you and dodge who have both lost businesses - it's tough out there at the moment, and it's going to take years to get better. At least your taking control and once you have gone BK you will feel so much better. Being swamped in debt is soul destroying. As long as you have been honest, not hidden any property etc then you will be fine. Remember its only for 12 months, then after that you can start again - Fresh - it is such a good name!!!!! I cried in front of the judge, I couldn't stop myself - I couldn't speak properly through the tears. But I got home, had a glass of wine, and hugged my beautiful children. Remember its just paper money - not worth all the heartache.

Dodge is right for some it is a godsend - I know you are doing the right thing. If you are in court this morning - as I type - I wish you all the best.

 

Tell us how you got on.

 

xx

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  • 2 weeks later...

What a breath of fresh Air..!!!!!!!!!!!!

Im just about to go bank crupt myself !!!!! And after reading your page its given me hope

Have spent so much time stressting and worrying about this but not much longer now...........

Bev x

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Hi all

I went BR in Jan 2009

The best thing I ever did,

I had been sruggling for years

Tried an IVA but made things worse( Bad advise)

I am now debt free,

It has not been easy sailing but most of my financial worries have gone.

 

I almost miss the constant noise of my phone ringing,

 

Before you take the plunge take professional advise, better to plan everything than to rush in and have problems later on .

 

All the best

 

Leakie

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Hi Leakie,

 

Good advise, my hearing is not long now but I was so stressted out at one stage that I nearly took everything and went to london to do it on the day....!!! cant belive you can just turn up, but I took stock and thank god because there were some bits that i had forgotten about when i did my IVA.. My only concern is my car and what will happen to that ?????

So have you been realsed from yours now ????????

 

Bubbs

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Bubbles,

 

my only problem is my car, the OF want to take it but I have 2 children and the eldest has difficulty walking so I might be able to keep it. The OF will allow you to keep it if you have a job otherwise its an asset.

 

I'm sending you a PM.

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