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By nimblejack · Posted
Ok thank you for such a quick response. Yes we did claim tax credits for a while when we were both working but not earning a great deal but again, I don't know how an overpayment of that happened but they have written to us although the amount is different every time. I did call to set up repayments but they refused..saying deductions from UC will be made until the claim is closed and then I can pay directly. However, I might ask for some sort of proof or breakdown as we have no idea what happened or how that overpayment has occured. Thank you for that bit of advice. I hope to get it all sorted as soon as possible. -
By BankFodder · Posted
I think your starting position is that you should make a claim through UPS using the usual claim process. Of course they will knock you back and they may well refer you to Packlink – but the important thing is that they knock you back. It's that point that you send them a letter of claim. Your letter of claim is fine. Don't forget to head it up "letter of claim" and then when you eventually sue them – as you surely will have to – make sure that we see your draft particulars of claim before you issue. Begin your claim process against UPS – and let us know what happens and will see if your letter of claim needs to be refined at all. Make sure that you read around on the sub- forum about all the stories – mainly Hermes – but the principles are broadly the same. Make sure also that you read around on this forum about starting a small claim in the County Court. -
you appear to have everything correct and have done what you needed to do at each stage. now, looking thru you state: i would be questioning them what this was actually for, they should not be just taking money without PROOF , and as you state you had never had any benefits before period this puzzles me and we've seen very historic tax credit grabbacks that date back 10's of yrs. so try and nail that one down, don't get fobbed off they are simply right all the time. as for the rest of it, to me it sounds like they want to ensure you did get all you were entitled too as you situation changed many times. nothing to be afraid of. dx -
3 copies court sols your file no to mediation 1 wit you the rest is obv. on the copy to CEL or their sols if they state one do not give them email/sig/phone.
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usual game by erudio in that the last confirmed deferment was about 2011 but erudio didn't issue a DN until some 5yrs later so i was thinking of: alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy. 2.The date last payment made was the dd/mm/yyyy 3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant. 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied. as we know drydens will claim thus its not SB'd. sadly this case is somewhat complex in that there was some confusion by the OP upon this being paid off already, so had before they came here filed a defence stating such. once the story was fully relayed, but which remains somewhat confusing still, and things sorted out, it transpired this was for an honours student loan settled through Link/Thesis etc and nothing to do with the ones sold to Erudio. it also transpired that a deferment direct to the SLC before 2013 sale, did not actually happen and SLC kept the details awaiting the OP to resubmit it, which never happened. this resulted in SLC taking payments because the Op's account was in arrears, this also latterly enabled Erudio, without permission nor any contact, to use the existing SLC DD to take payments in 2014 i think. which should not have happened. i think thats it in a nutshell.
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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!
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We have so much debt, it seems only hope is selling house!
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