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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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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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advice please on dwp overpayment


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Hello im new here and looking for some advice regarding an overpayment i have with the dwp.

 

I owe them £5000 as i stupidly didnt declare that my partner and myself had reconciled and he had moved in with me I had an interview under caution and subsequently appeared at magistrates court and was fined and given unpaid work. Regarding the overpayment,i agreed to repay at £70 pm with dwp directly (there was no order by the court to repay it was an agreement between myself and dwp) before anyone judges me i have well and truly learned from this and would never be so stupid again but at the time i was struggling very badly financially and my partner could not find work i know its no excuse but please dont judge me.

 

my partner is now in work although its a minimum wage job and we are finding it difficult to keep up with the repayments to dwp an top of all our other outgoings rent council tax etc etc i have phoned dwp to try and get the repayments reduced but they said no they cant do this

 

the next payment is due this week and we just dont have the money for the direct debit in the bank so i wanted some advice on what would happen if i cancelled the DD would they take me to court to recover the money? can i be sent to prison if i cant pay? i was thinking if i cancelled and then wrote a letter explaining my circumstances and if they agreed to lower repayments i would then re instate the DD would this be possible without going back to court?

 

I really dont want any further trouble with them but really cant afford what they are taking at the moment

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Are you dealing with the DWP Debt

Management department?

If so write to them enclosing a income

and expenditure statement, the payment

you are making may have brought the ''households''

income to below the level set in law as a minimum.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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hi brigadier thanks for replying.....i am dealing with debt management but they seem very inflexible to lower the repayments...would it be possible to cancel the DD then until i have sent off a letter detailing my financial situation?

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hi brigadier thanks for replying.....i am dealing with debt management but they seem very inflexible to lower the repayments...would it be possible to cancel the DD then until i have sent off a letter detailing my financial situation?

OK Cancel the DD tomorrow to avoid charges.

I think the best approach for you is to get the letter explaining your

situation out asap including the explanation that you have had to stop

the DD as you will accrue charges that you cannot afford.

Make sure your I & E includes all priority debt, council tax rent,

and other liabilities.

Include food, clothing travel, insurances TV licence,

catalogue debts, CC debts.

In fact all the outgoing you have,set against

the income after tax.

Keep back a smal amount per month for

emergencies.

Get this off to DWP DM addressed to the MANAGER.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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