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    • Hi FTMDave They initially requested £140 within 14 days. This has now gone to £182 after the initial debt collection firm took over (now back with CEL   The carpark had two options, pay-by-app and cash, we had n cash hence using the easier app. The app in the playstore has shocking reviews, im not the only one.   I wasnext going to get 'their hand' sent to me fromt he data controller, sending the following:   Dear Sir or Madam   Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )   Please supply the data about me that I am entitled to under data protection law  relating to myself. - All photos taken - all letters/emails sent and received, including any appeal correspondence earlier - A PDT machine record from 23/11/2019  of payments - A record of online payments made using the Google Playstore APP that day - all data held, all evidence they will rely on, and - a full copy of the PCN, NTK - a list of all PCNs outstanding against me and/or this VRN, and I will remind here that any claim must be for all PCNs, not several separate claims.   If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.   Yours faithfully    
    • You need to read some more and then some.......costs are restricted in Small Claims Track....have a read of the above thread...same scenario...and its getting close to a hearing now....squeaky bum time for them.
    • OK, we can help you.   A couple of questions first.  You blanked out the amount they are claiming.  Can you tell us?  I bet they have added Unicorn Food Tax to their claim.   Also, can you remember if this was pay-by-app-only car park, or if there were other payment methods?
    • ok if you don't get your from the court tomorrow there are blanks here to send   let see. no immediate rush.
    • Hi Andy,    Thank you very much for your response. I'm just afraid if I take this to a small claims court and I lose, then I would need to pay their legal fees?
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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

HSBC and liquidated company, can I claim?


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Now that is interesting, DG Solicitors were the ones that filed the original hearing documents on behalf of HSBC Factoring. Give me something to go on. Thanks. Hope life is a treating you better

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Well I don't have a lot of time sadly to go digging into DG as I have my hands full right now with other things otherwise I would as it's my kinda thing to uncover them.

 

That said, one of the most poignant issues I believe is what I'd stated above " What are these so called solicitors legally allowed to do?

 

Whilst the debt may exist, the bank uses the laws of the land in Statute to enforce it and they have every right to do so I guess, but, and this is a big but for me and this 'Wonga' scenario and all the others that did the same (like DG if that's the case), is how on earth can these Claim forms be deemed legitimate when drawn up by a false claimant's solicitor?

 

They issue the claim, they present it to a court as 'solicitors for their client'

- that can't be right It's like having a Lloyds debt and being chased by Nat west.

 

Apart from the fact it is in my opinion fraudulent misrepresentation, out to con you into believing you are being dealt with by a legal firm on behalf of the bank and that's a total lie and deceptive.

 

I haven't got to the bottom of the answer yet as I haven't been able to follow the discussion, but I recollect someone saying that the FCA weren't doing much other than asking the banks and Utilities to stop the practice.

 

To me that's not good enough, if they've sent out letters misleading consumers that's one thing and maybe I could accept the 'don't do it again' remedy, but when this bogus firm has litigated - well that's another kettle of fish altogether.

 

I'm afraid I am going to have to ask you do do your own researching for now as I just haven't the time free to do this, but ask around the forum and do some digging if you can.

 

Hope that helps?

 

A1

 

p.s. Hope life is treating me better? - thanks, but who you been talking to? :madgrin:

Edited by andrew1
typo

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