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Hi The issue you have with the SAR as you have previously sent a SAR and they have requested the information to verify your Identiy in post#39 the Time Limit of 30 Calender Days does not start until they have verified your identity and sending another SAR will not change this as they will still ask for that same to verify your identity. What I would suggest as you do not have the documents they are requesting is to simply provide the following if you have it to verify your identiy again remember the Time Limit does not start until they have verified your identity and they are playing hard ball and know what they are doing: 1. Birth Certificate. 2. Council Tax Bill. 3. NHS Card with your NHS Number 4. Letter from your Doctor confirming your Identiy. (note there may be a cost for this so always check with your GP first) 5. If on any Benefits as these are via DWP provide these letters. If they still refuse after providing the above and ask for the specific ID in post#39 again report this to the Information Commissioners Office (ICO) https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/ https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/how-do-we-recognise-a-subject-access-request-sar/ -
answer the q's.... -
By DontLetThemDoIt · Posted
In your opinion do you think this is the last I will hear about this from them now? -
6yrs from the defaulted date regardless to any payments. if a judgement were obtained CCJ shows for 6yrs against regardless to being paid or not (unless within 28days of judgement) in the public judgement section.
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By DontLetThemDoIt · Posted
Im really not sure (I'll dig a bit deeper). If there is anything on the credit file, would this still take the 6 years to drop off?
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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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BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003- 1 reply
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