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    • Well done on your victory!  👏   You must have a magic touch, it's extremely rare that the PPCs accept an appeal.
    • Court hearing today. WON on all counts of claim. The win though is not the interesting bit, but the ‘why’ is really useful. We were allocated 90 minutes but it took two hours by telephone . The defense were represented but I failed to note whether by a solicitor, barrister or other advocate.   As soon as the judge finished the introductions and before he had time to pass the time over to me to explain my case, the defense interrupted and asked the claim be struck out. He then spent the next 40 minutes discussing with the judge that I had failed to properly serve my bundle upon which I intended to rely. The judge asked me to explain and I said I had served the bundle to them and the court 3 days before the deadline, by signed for post with a tracking number to the address named in the summons being the Royal Mail Head Office in London. I said it was a bit rich that they were making this request when they had failed to serve me and the court with their bundle within the deadline and that I had only just received it. They quoted a certain principle of law (which I failed to write down) which explained that service of documents must be made to the address which either party may request service to be made. They claimed that six months earlier when they lodged their defense to my summons, the covering letter had been sent from their Sheffield office and it constituted the address for future service of documents. I of course had no idea of such a requirement and said that a simple letter heading on a piece of correspondence was not the same as a formal sentence in a letter requesting such future service. It gave the judge some concern but he decided to park the issue and allow the hearing to continue.   I was able to explain my case for the £50 compensation for the lost parcel using the evidence from the defense bundle referencing the Overseas Post Scheme. It was all straight forward. I explained the facts and let them speak for themselves. I then moved on to the delayed Special Delivery items. This is where the fun began because I had to argue against their terms and conditions. I used the defense bundle referencing the UK Post Scheme. I quoted from various clauses which explained the rules relating to claims. That ALL delay claims must be made within 3 months, then that Special Delivery was actually 14 days so not 3 months after all, then another clause which confirmed the deadline was 3 months for all delay claims. I quoted further that these were “common terms” and that some services (Special Delivery was one) had additional terms which were called “specific terms”. Another clause stated that where a conflict arises between common and specific terms, then specific terms took priority. So I turned to the Special Delivery section to quote the specific terms as these would have priority. There was only one term that referenced claims. It simply said If we do not succeed in attempting to deliver by this time (being the next day) we will refund your postage. I used this single phrase to take priority over the 3 months  or 14 day deadline mentioned in the common terms. I discussed how the various clauses conflicted with themselves as if the clauses themselves did not know what the deadlines were and how ambiguous and confusing it was.   The time was then past to the defense and he started to argue there was no contract nor liability in tort (a substantial portion of their written defense document and bundle discussed this argument). It made me smile because I was ready for that. The judge though was ahead of the game and (especially because 40 minutes had been wasted at the beginning) he did not want to hear of it. After about one minute, he stopped the defense by saying exactly what I was preparing to say. Simply that I was not suing under contract or tort but under the conditions of the various postal schemes for which they were liable. He asked the defense to answer my claims. The defense then prevaricated trying to argue the clause that distinctly mentioned the 14 day time limit within which to make a claim for delay (which of course it did) ( as an aside, most people might accept that deadline and not bother to pursue a claim). He had nothing to add about the lost parcel.   Time had run out, we had no questioning and the judge said he was summing up. He was quite happy I had served my documents sufficiently well and took the view that the defense had fallen foul of the court order so he was cancelling out the question about valid service. He had no difficulty in accepting the claim that the lost parcel was valid and awarded me the £50 compensation. He then spoke at longer length about the delay claims and the conflict in the clauses. (at this point I had no idea which way this bit would go). Then, he spoke of how a business such as Royal Mail should not be accepting clauses in their contracts which were clearly inconsistant. (that’s when I started to relax), (and then the best takeaway of the hearing), He said that common law provides in the event of a standard contract if there is any ambiguity, the interpretation should be judged against the person drafting the contract. He called it Contra Proferendem. (I had no idea of that concept but had effectively explained it anyway). I was awarded the whole claim plus costs. The defense asked for permission to appeal which was refused.    Remember the phrase “Contra Proferendem” . I shall be looking more into it. I am sure it will come in handy against any institution that have drafted contracts that cannot be individually negotiated. And will certainly be useful for a long while yet against Royal Mail et al.
    • The White House highlights the upcoming offer of free trips in the US by the ride-hailing firms. View the full article
    • Original loan was £5000 unsecured over 5 years, 28 payments remaining, he wanted to extend it back up to 5 year.........the bank offered him £6700 to clear his credit card and the bank loan, £135 per month from the original figure of £121    One debt of two years old and one debt of 15 months        
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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Hi there I recently took a payday loan with express.

 

I phoned them up before my loan was due to tell them I had lost my job and I wouldn't be able to pay them and the person I spoke to just hung up the phone!!!!!!

 

I recived a letter today off them saying that I hadn't spoke with them !!!!!! So I called them up this afternoon explained that I had lost my job so am on benefits now, they want £60 upfront fee now, lol which I don't have. I told them I won't get any money till the 11th march and he said if that's the case you will have to pay £350 to clear the debt. I don't even get that a month now. So then I said are you still going to try take money out of my account he said yes everyday, I said no point mate the account us overdrawn so it's waste in your time , he said it's not wasting our time. So I just hung up the phone.

 

I have managed to set up payment plans with Wonga which was not a problem and were very understanding, and with payday uk but I had to pay £30 to get it setup.

 

 

Am total sick of the phone calls now.

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Hi and welcome to CAG

 

I have moved your post from the end of an existing thread and given you one of your own so that you won't get missed.

 

I notice you also have posted your query in our blogs section. I am going to remove it from there

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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you will need to close your bank acc and set up a new one.

Trust me wonga are well known for taking an extra dip, and the last thing you can afford is one of these companies doin the same.

express are scumbags for this.... how they get a credit license, is beyond belief

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i would advise your bank u believe your bank account has been compromised. and they should give u a new sc and account number!

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Thanks. Will the paydays still be able to dip in to the account. Plus I still haven't heard anything for payday uk. Am just about to email them saying that I want to set up payment plan but they want an inaital fee up front which I don't have. I don't want to wait till they send it to a dca cause they will just add more on to this. Ahah wish I never took payday loans out. They boil me big time

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Its always best to tell the bank your wallet was stolen ie in the pub etc as this puts a full block on the card not a partial one. Just be careful as you ve told them the date you will have money and they are ruthless pigs. For extra measure get a basic bank account for you benefits so that in future they can no get any money at all without your total control. Co op cash minder or bank of scotland / halifax easy cash, step account natwest. Hope you find a new job soon x

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Just recived this email off them

 

Thank you for your recent email and your request for a repayment plan.

*

Our accepted criteria for a repayment plan is as follows:

*

Severe Disability or illness

Imprisonment

Terminal illness or Mental illness

Deceased

Redundancy or Reduced hours (contractual hours reduced by company)

*

If your financial circumstances have changed due to one of the above, we would be able to consider a repayment plan.

*

We will require you to send in bank statements and wage slips covering the last 2 months to show that you are now in receipt of either financial support or a reduced wage.* If you are now unemployed we will also need to see proof of unemployment or redundancy.* Alternatively if your circumstances have changed due to personal illness we will require evidence in the form of a doctor’s note or hospital letter, as well as the bank statements.

*

Please be advised that if you do not fit the above criteria or you are unable to provide documentation, a repayment plan cannot be considered.

Should you wish to discuss these options or your account please call our office on 0208 461 6705 and one of our advisers will be able to assist you.

*

Please do not hesitate to contact us should you require any further information.

*

Many thanks

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Yep, I got the same email from them Gers. Now who in their right mind would worry about freakin' payday loans if they've been told they have a terminal illness ffs! OR DECEASED LOL

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There crazy mate. Haha go for it glo. I might email them sayin I have a terminal illness and it's because of all the stress you have caused me by harrsement. They are mental they could of just sent that letter 2 weeks ago they like to do things the hard way!!!!!!

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Just received this email of payday uk lol

 

Dear Chris

 

We have tried to contact you today by telephone but have been unsuccessful.

 

Your repayment is overdue and your loan is currently in arrears.

 

Please be aware that we use a credit reference agency and if you repay your loan now this may help to improve your credit rating however if you do not repay this loan by the end of the month then we will share this information which could have a negative impact on your credit rating and could impact future access to loans with us.

 

 

We would also like to take this opportunity to remind you of your option to defer the full repayment of your loan until your following payday. This option may still be available to you however you MUST call us today!

 

Please call PaydayUK (9GBL) collections team on 0800 280 2666 (Call charges may apply depending on your telephone provider) at your earliest convenience to discuss this matter.

 

Failure to respond to this will result in your account being passed to a specialist debt recovery company.

 

 

 

Regards,

 

Collections Team leader

PO Box 255

Bicester

Oxfordshire,OX26 4ZY

Telephone: 0800 280 2666

Fax: 0845 127 4365

 

 

 

Better get them on the phone see what they want!!!!

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The usual old cr&p Gers. If you DO decide to call them, then stick to your guns, offer them whatever you can afford and NO MORE. Don't let them threaten or harrass you, they will say anything to get you to agree to paying more. If they don't agree then tell them politely to feck off, that you'll wait for their DCA to take over the loan and you can then negotiate with them. They can't have what you haven't got, tell them that. Good Luck, let us know what happens x

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p.s. I have only spoken to them once on the phone and told them I was recording the conversation for my records. They didn't call again! Since then I have communicated via email only and have had 3 out of 5 agree to payment plans. Only 2 to go - unfortunately Quick Quid is one of them - Oh I can't wait to speak to the Mucky Hall experts :lol:

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Hi there I recently took a payday loan with express.

 

I phoned them up before my loan was due to tell them I had lost my job and I wouldn't be able to pay them and the person I spoke to just hung up the phone!!!!!!

 

I recived a letter today off them saying that I hadn't spoke with them !!!!!! So I called them up this afternoon explained that I had lost my job so am on benefits now, they want £60 upfront fee now, lol which I don't have. I told them I won't get any money till the 11th march and he said if that's the case you will have to pay £350 to clear the debt. I don't even get that a month now. So then I said are you still going to try take money out of my account he said yes everyday, I said no point mate the account us overdrawn so it's waste in your time , he said it's not wasting our time. So I just hung up the phone.

 

I have managed to set up payment plans with Wonga which was not a problem and were very understanding, and with payday uk but I had to pay £30 to get it setup.

 

 

Am total sick of the phone calls now.

 

Really sorry to hear you're having trouble with these idiots too... I called them before my account went into arrears in January and they pretty much refused to speak to me until it had gone past the repayment date.

 

I've continuously offered them £40 per month on an outstanding balance of £400 + 1 months interest and they always refused.

 

I've kept all emails and always replied to them when I've spoken with them confirming details of the call.

 

I'm off sick today and had a massive 4 calls in 90 minutes, where they're always rude and demanding a massive £715 from me.

 

However someone from Nottingham branch called and they seem to be more human - they've accepted the £40 per month and removed the charges. It seems that Bromley are just full of numpties who think the way to get money from people is to threaten them by saying default, calls and we'll dip into your bank when we like.

 

Keep on at them - they'll give in in the end!

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I am having the same problems... i have a payday with the following companies and cannot get these companies to agree to a pay plan..

Mini Credit – owed 100 not its 550 saying the gonna take me to court spoke to them yesterday and they didn’t agree to a plan.. They saying they will take me to court…

Payday express – owed 300 now 375

Can they take me to court or should I wait for them to agree to pay plan

Any advice will be much appreciated..

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People do need to get a new bank account number from their bank, or set up a basic online account with Halifax or the Co-Op and get their income transferred into that. That is the only safe way to stop your account being raided. Believe you me it does happen and 'nobody can do anything about it'.

 

If it does happen contact the OFT and the FSA and local Trading Standards via Consumer Direct.

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They wont take u to court they will just sell the debt to a dca. I gave sent them a form containg my finances and can only afford 5 a fortnight so if they dont want a will keep it for myself lol.

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I called them on 08000126347 - this seems to always get through to there.

 

 

Thanks Jbeebay - I have been dealing with the Bromley Office and they have been as much use as a chocolate ashtry. Will try this number to see if I can set up a payment plan x

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