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    • These companies don't actually like to take people to court.  Legal fees in small claims are capped at £50.  However, the people who run the companies are so stupid that they are incapable of dealing with their own court cases and so have to employ local solicitors which costs them a bomb.  So even if they win in court they lose IYSWIM.     If you give them both barrels now there is a good chance they will decide it's not worth their while and go after some other naive mug instead.  There are no guarantees of course.   Just to clear a few things up.  You actually paid the parking fee - twice - but the machine was knackered, right?  Any proof of this?  Then the fleecers sent out a second demand without sending the first so you couldn't appeal or get the discount, right?   Also, can you remember what you wrote to them?  In particular if you outed yourself as the driver?
    • Iv not had a phone mine went off ,so not ad chance borrow one im just trying get my passwords reset.
    • hi sorry about that i never no were to post 
    • Okay I was just checking that the parcel hadn't been sent by a retail supplier in which case it might have been easier to get them to take responsibility. As usual, Hermes and Packlink are playing piggy in the middle and of course, you are Piggy. You should certainly make a claim against Packlink and against Hermes. However, they will both knock you back, of course. You could then sue Packlink or you could then sue Hermes of course Packlink are in Spain which is why it is a mistake to use Packlink for anything because they are outside the jurisdiction. Assuming that you want to proceed to take legal action then you will have to sue Hermes – who will try to say that you have no contract with them in your contract is with Packlink. What Hermes won't tell you though is that under the Contracts (Rights of Third Parties) Act you enjoy full legal rights against Hermes as if you were a direct contracting partner. Additionally, it is Hermes that have been negligent and so if you bring a legal action then you will allege breach of contract as well as negligence. For a claim of this value – £150 – Hermes will at the very least force you to begin a small claim in the County Court by issuing the court papers. They are then quite likely to push you to a hearing but opt for mediation en route. At mediation they will try to say that the contract is with Packlink. They will then back down and make you an offer which will be less than you are claiming – but if you stand your ground then they will eventually agree to pay you everything including the cost of your claim. Of course there is always a risk of losing – but it's extremely unlikely. This is particularly because for this kind of money, Hermes would rather not risk going to court and getting a judgement which makes it clear that you have third party rights and also that it is unfair for them to try and escape liability for these kinds of breach of contract and this kind of negligence. So the advice is, continue your claim against Packlink. Continue your claim against Hermes. When you get confirmation that they are declining responsibility, send Hermes a 14 day letter of claim and then on day 15 issue the papers. Read around this forum about other Hermes stories and also the steps involved in beginning a small claim in the County Court. We will help you all the way.
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Lowell debt does not appear on Experian


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Okay, so I've finally get myself signed up to see my credit report on Experian and I'm pleased to see 4 of my 5 defaults are to drop off the bottom of the 6 years by the start of Feb next year. I have two debts - one with Fenton Cooper http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/272108-fenton-cooper-admits-not.html and the other with Lowells.

 

The Lowell one appears not to even exist on Experian - is this simply a matter of it not having been reported to them, but it may be on the other two? Seems a bit odd, and I'd welcome any suggestions. I wasn't going to CCA them, but now I'm definitely tempted!!!

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can you split the last line, its off screen

 

have you a running thread please keep to one thread only for each debt

post the link to it here

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Some account appear on Equifax and not Experian, or the other way round and if you are really lucky don't appear to be reported anywhere!

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Sorry, dx but No and No - I can't edit the first post now and I have no idea why it's formatted like that - it come sup like that for me now too, but was okay the first time. This is about a seperate debt and totally different issue (it's okay, I only have two :D

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Gremlins on site for a few days now on and off

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Guest Cartaphilus

Yes, there appears to be ... Except a new message popped up when I tried to add something to a post a few minutes ago. It was an administrative message saying you can't edit your post until after 5 minutes.

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