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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
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RBS CCA & DN - Enforceable?


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I’m new to this, so apologies if it reads a bit long winded.

Wrote to RBS when I was laid off from work and couldn’t manage monthly cc payments, wasn’t really surprised by the unhelpful & unsympathetic response received. Account was opened in early 2000’s so loads of interest & charges paid – that’s another fish to fry elsewhere.

Long story short, account fell into arrears, credit limit exceeded due to lots of charges, DN issued, TN issued and they informed that Debt Recovery Dept would be dealing with account.

I CCA’d them and received a bundle of papers which having read through, raised some doubt s regards compliance and enforceability;

1. DN – to be remedied “within 17 days of letter date”, no actual date for remedy stated, received 8 days / 6 work days after issue, only 9 days left to remedy instead of min 14. Is this still compliant or enforceable?

2. TN – dated 22 days after DN, and only just on 15th day following receipt of DN.

3. RBS cover letter informs that “the true copy requirements can be satisfied by providing a copy agreement at the date the card agreement was made & providing a copy of current t&c’s. Surely it would have been just as easy to provide a copy of the original executed agreement – if it exists?

4. In response to request for detailed statement of account listing all debits, credits, charges etc they provided a copy of the last monthly statement – wot a waste of paper.

5. The bundle of loose papers enclosed with RBS letter are as follows;

a. Sheet 1 : Copy(stamped) of Credit Agreement - unsigned/undated, some key particulars stated (credit limit, frequency / min amount of payments, int rate, etc), no details of charges other than for cash advances or cheques, no info regarding consumer rights, etc.

b. Shts 2-7 : undated, unreferenced pages of Conditions of use. Default Charges are listed on last sheet just above text box with the important notice re. my rights!

c. Sht 8 – copy of undated letter issued with a new / replacement card

d. Sht 9 : Copy of Credit Card Agrt Regulated by CCA 1974 – includes key particulars ie credit limit, frequency / amount of payments, interest & default charges (reduced level). Does NOT include signatures/dates. For ‘other charges’ , it refers to Gen Conditions 2(n) & (o) which are no where to be found. States that No Customer details shown, detailed overleaf apparently, but the sheet provided was only single sided.

It appears to me that they’ve cobbled together a pile of papers and issued under cover of a fluffy worded letter in an attempt to confuse / overwhelm me and put me back in my box – poor souls. No chance, I’m not going away that easily.

I’d appreciate advice / opinion from any battled hardened and wiser CAGGER’s on this one please, I’m itching to issue a letter informing them that they have not satisfied my request and that the account is in dispute – assuming I’ve got it right!

Cheers & thanks in eager anticipation.

SH:???:

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  • 2 weeks later...

Hi CAGer's,

 

re. point 1 i n my original post, would i be correct in thinking that OC has unlawfully terminated account if no actual date stated on DN?

 

all comments / opinions welcome

 

cheers

 

SH :???:

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Had a scan of your post.

I'd say they terminated unlawfully on the back of a defective default notice.

Unfortunately they can satisfy your s78 with a reconstituted agreement but would need the original in court however they seem to of made a right pigs ear of terminating you anyway.

I SAR'd Ulster(same lot) a while back and they admitted having nothing, just waiting on a CCA so will see if they send the same back as RBS sent you.

 

Think you are better posting these sort of questions on the DCA forum.

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hi craigbadger,

 

i thought about writing and informing that they had (unlawfully?) terminated the 'agreement' on the back of a ineffective DN, is there a suitable template letter that i can amend / use?

 

now, assuming they can prove that they have an enforceable agreement, is it right that they would only be due the arrears and not the full balance?

 

appreciate any thoughts / advice.

 

cheers

 

SH

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