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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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
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    • 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
      • 33 replies

Roxburghe/HFO old barclaycard debt


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Did you actually send that as Coledog advised?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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You still also need to find out when the last payment was made to the account. Although it was defaulted in 2007, the last payment may have been well before this. You need to find out if there was a clear six year gap before you made another payment.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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You still also need to find out when the last payment was made to the account. Although it was defaulted in 2007, the last payment may have been well before this. You need to find out if there was a clear six year gap before you made another payment.

 

It's earlier in the thread DB, Noro you need to get that info in writing RE default date and last payment

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yeah the last payment was above ^ do I resend off the CCA letter? I didn't send the account in default letter as coledog suggested, should I send that now or start with a CCA to Turnbull Rotherford?

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It's earlier in the thread DB, Noro you need to get that info in writing RE default date and last payment

 

How do I get it in writing? Would Barclaycard supply this? They werent so forthcoming when I came into the branch.

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Yes, send account in dispute letter only.

 

Did you send original CCA request recorded?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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yeah i think I did? it was june now I look back on it. If I didn't should I send again? I send a SAE as well

 

No, just send the account in dispute letter. Make clear that you sent your original request recorded and have proof of delivery, so they can't wriggle out.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hang on... what do you mean, if you didn't? Did you or didn't you (a) send account in dispute letter and (b) did you send the original CCA request recorded?

 

Please try and be precise in your responses!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I can't remember unfortunately if I did send the letter recorded back in June.

 

I definitely enclosed the postal order, I have just reprinted it off. One copy for HFO and one copy for Turnbull Rutherford (a front for HFO?)

 

Also the link above to the "account in dispute" letter isn't working, could you possibly relink? Thanks in advance.

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Hi Noro,

 

Have I missed something - if the last payment to the a/c was made in 2006, isn't the a/c now Statute Barred. :???:

 

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Last payment 7/3/2006

 

This makes it Stat Barred if you are sure of this date

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I've received 3 or 4. Unfortunately I binned 2. One of them was saying they had the debt now not HFO. The latest one is saying about.ignoring previous letters and that they will do all they possible they can to recover the debt. It also talks about OFT regulations and has a couple of quotes. They are addressed from a Mr Lee Cookman. I can probably get a photo of a couple and upload them if requested.

 

I made payments to hfo from - I think - May/June 2012 to December 2012. After that is when roxburghe got involved. I don't think the payments show on my cra file as its still showing the same balance, so I too suspect the payments just went to line HFOs pockets.

 

I will ring Barclaycard on my lunch today at work. See what info they can give me.

 

If you made these payment them it won't be stat barred.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Yes - you need to check when any payments have been made. Do not worry, help is at hand. If you can scan and copy any correspondence with personal details removed that would be really useful - I assume that OFT are still investigating these bandits and legs to stand on comes into play here!

Edited by coledog

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Evening all! By the way..

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If payment was made in March 2006 and nothing further was paid until May 2012, then the debt would have been Statute Barred.

 

Once that happened, the SB clock is surely not reset. Once the debt became SB'd, any subsequent payment cannot make the debt current again and it remains permanently SB'd.

 

:wink:

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Alas, the payment was 2011, not 2012. Had to re-read to work it out! Not SB, but in default of a CCA request (which the OP may not have sent recorded after all...).

 

Whatever, time to send another CCA request recorded delivery. Now!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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We could do with some help from you

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Confusing, isn't it?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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sorry for all the confusing comments guys.

 

Anyway I have sent off 2 CCA requests today,with the £1 postal order, recorded post to HFO and the so called "Turnbull Rotherford" - who I assume are another arm of the HFO blaggard robot. Is it 12 days I was for a reply?

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2 working days for delivery and then 12 normal days for the reponse.

 

:wink:

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  • 1 month later...

Hi guys, I got a response. Finally.

 

Its a letter from Turnbull Rutherford, they have given me a "reconstituted agreement" as requested by me... is that what I requested?

 

It looks like a letter from barclaycard, dated 24th January 2013. Just a one paged letter, giving a statement of the account, and then 2 pages of T&C's.

 

Does this make sense to anyone?

 

They have also offered me a settlement of £150 to be cleared by... surprise, tomorrow. Even though I got the letter today.

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No - you requested a copy of a true agreement. Recons are not that, and what you have received is not actually a 'recon'. Are you able to scan it with personal details removed?

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discount letter = ignore them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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