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    • Good news for me is that the Bounce Back Loan came through so I can pay the full car payment!  Thanks for reply.
    • Welcome. please follow the advice given above as to reading around the various stories and then monitor this thread for a full reply tomorrow  
    • Hi Everyone,  I am the seller in this case and want to thank the buyer for their support.  The bike was delivered to the local Hermes Parcel Shop really well packaged and sealed on the 3rd Feb with a receipt obtained.  Sadly the parcel was emptied on route to the buyer.   I had listed the bike for collection only however the buyer messaged and asked if we could arrange a courier to which I agreed and they organised that.  When the bike went missing I contacted the local police as the Hermes parcel shop said they would not release CCTV to me.  We got all this from the Police.  since then the buyer has tried his very best which I am grateful with Hermes and parcel2go but is struggling.  Any help is appreciated. 
    • Also, you should start a claim against Hermes. Post your story on the Hermes sub- forum. Give us a full breakdown – including dates and value et cetera. We will help you get your money back
    • We care, we are highly motivated – and we enjoy winning against Hermes – which we do on pretty well every occasion. Start reading the sub- forums so that you are familiar with all the Hermes stories and the way that the process normally goes. Make sure you understand the mediation process. Make sure also that you understand the steps involved in bringing a small claim in the County Court. It's very easy but you need to know the steps in advance so that you have confidence. Don't forget that this is a self-help forum   If you have CCTV footage then please post it here. I suggest that you put it up on youtube and then post a link to it on this thread.
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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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Sorry Ims, quick question please I'm very confused

 

On this part of the letter template

calculate that you have taken £xxx plus £xxxx which you have charged me in interest which total £xxx.

Additionally,you have entered a default notice against my credit record. T

his default occurred merely in respect of unlawful charges levied by you,

or was the result of impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

 

The last time I sent it I put the charges + interest that my spreadsheet calculated is that right?

 

I didn't notice it last time but reading it now doesn't make sense to me :???:.

 

Many thanks

Up2

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Yes it all it means is that (in this particular template) that the charges total to £x, the interest totals to £y and the total is £z (x+y).

 

It just spells it out to them what the charges are, what the amount of interest you are claiming is and the total of the two.

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  • 2 weeks later...

I have heard from MBNA with 1 day to go before their 14 days are up

and all they have said is that they provided me with their final response (last year)

and will not enter into anymore correspondence on this subject unless instructed to do so by the FOS.

 

Their response last year said that because none of their unlawful charges were added in the last six years

I have a snowballs chance of getting them back.

 

it looks like hey ho hey ho it's off to court we go.

 

I have everything ready, but want to use MCOL.

 

Is it much different to sending paper claims to Salford (apart from the price)

and do I just state in the POC part that I will be sending a paper copy?

 

Any guidance on using MCOL will be greatly appreciated.

 

Up2

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I am just getting my POC finalised and ready to send tomorrow using MCOL

and I am going through all of my paper work one last time.

 

I have a question please about default notices.

 

I never actually received one from MBNA whilst they had the account

(not in the paperwork I have or received with my SAR)

 

but I've found one from Link which I received back in 2008

(the account was sold in 2005 and I was making token payments

- which show as a standing order on my bank statements)

 

I was just wondering if the default they sent was correct

and if not could I use it as even more proof in the harassment file

I have built up regarding these two companies.

 

The default is dated 26th Sep 2008 and

it gave me until 10th October to pay the full outstanding balance, not just any arrears

- which there hadn't been as I'd been paying the token payment since 2005.

 

14 days in total, not including postal time, plus the 26th Sep 2008 was a Friday

there would have been a chance I didn't receive it until 29th or 30th Sep.

they had given me a little over a week to pay off the whole balance.

 

Grateful for any thoughts from DN kings and queens please.

 

Up2

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DN form Link?

 

Surely the OC would have issued one before the account was terminated.

 

Mind you, the OC won't provide a copy because copies are not kept,

only a note on the files saying that one was sent and that is sufficient.

 

Can you post up the DN form Link please?

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Hi Ims,

 

Thanks for looking in.

 

I have attached it (I think)

 

I don't ever remember receiving a DN from MBNA. Although MBNA do refer to one in one of their letters sent to the adviser helping me at the time in March 2005 -

 

Up2

 

Just noticed on that letter as of March 2005 no default had been registered and it was sold two months later, so looks like no default from MBNA

Edited by up2meears
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Can you PDF it please...

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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what does the instructions say about not using a biro...

 

your details are clearly seen

 

i'll take it down & do it to PDF.

 

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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done.

 

what this about termination by MBNA

I cant see anything in this nor the other thread on this debt..

 

so it wasn't terminated by MBna

and wasn't defaulted via DN by them already?

 

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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Thanks for that DX, appreciated.

 

No I don't think MBNA eve defaulted it. After the letter in March 2005, I then received:

 

Aprill 2005

'A Notice of proceedings',

A letter offering a significant discount if I paid in the next seven days (I could do this by borrowing from family o re-mortgaging according to the letter)

A Notice of intention to sell (dated same day as the discount offer letter)

A letter offering £250 credit to account if I contact them

 

May 2005

A letter telling me they had sold it to Link.

 

Thanks

Up2

Edited by up2meears
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so they knew it was mainly PPI & charges then:lol:

 

I think you'd have a very good case for arguing or atleast including

the fact that the DN should have been sent/registered on the third

missed or short payment that you made to whomever.

 

that way it would not be on your cra file now harming you till mm/2014 [6yrs from its birth]

 

gotta admit you kinda caused all this aggro.

you should have never have started to pay link anything

however, you hadn't found cag them

 

and I bet you are kicking yourself now

 

and link argh...the worst fleecers out there

 

I wonder how much of this is now yours..:lol:

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

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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so they knew it was mainly PPI & charges then:lol:

 

I think you'd have a very good case for arguing or atleast including

the fact that the DN should have been sent/registered on the third

missed or short payment that you made to whomever.

 

that way it would not be on your cra file now harming you till mm/2014 [6yrs from its birth] That's the thing, this isn't on any of my files.

 

gotta admit you kinda caused all this aggro.

you should have never have started to pay link anything

however, you hadn't found cag them I know, things would have been alot different if I had have found CAG back then. This is why I want to get as much of their wrongdoings onto the POC

 

and I bet you are kicking yourself now

 

and link argh...the worst fleecers out there

 

I wonder how much of this is now yours..:lol: probably about £40 as they were only getting a quid a month :razz:

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

 

So should MBNA have defaulted this before selling it on? and what about the actual default from Link 3 years later when I hadn't defaulted on the pound payments? i.e the time they gave me to pay and defaulting whilst I was still paying?

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if this debt is not showing on any cra file

 

then MBNA did default you

and it ran its course of 6yrs and fell off.

the whole debt goes, never to return.

 

so, link can do what they like really

the DN means nothing

 

its a bit of paper

it cant harm you at all

 

you could include it ifyou wish.

 

but they as well as you know its doesn't mean anything

 

infact I don't think the wording is correct.

 

they cant imply they can issue a DN on behalf of MBNA CCL.

 

and they are after the full bal.

 

well that's been up since the termination? by MBNA

if they did term it? I doubt it?

 

basically [agh that word] the DN from link is garbage.

means nothing to no one

just another of their computer generated leaflets

to give you the impression they can fleece you blind.

 

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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Cheers DX

 

That's what I thought that it had run it's course from 2005,

but now I'm scrutinising all of the MBNA paperwork and can not see any ref to any default at any time...

... Oh well, it's all additional evidence of their underhanded collection activities

if I need to prepare a bundle for the charges claim,

as I have mentioned in the POC the trouble the charges have caused.

 

Up2

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Also,

I only ever received a copy of the application form which doesn't mention how much they will charge

if I go overlimit/pay late etc.

 

Will this hold any water with my claim?

There is a part that says Set out in paragraph 1-15 below are some of the provisions contained in Conditions 1 & 2 of the MBNA credit card T&Cs. The other conditions referred to in those paragraphs and the applicable definitions can be found in those T&Cs

 

I have asked MBNA for a copy of those conditions but have only received ones post dated 2008

and not 2000 which are the ones I would need.

 

Thanks

Up2

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legals not really my game

 

though harrison might help [but that was not charges but mentioned DN's etc]

 

the shelley thread will though i'm sure

 

[barclaycard successes forum]

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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Right, I think I am just about ready to do this. I just have a couple of questions before I send.

 

I am slightly confused by the daily rate claimed.

 

On Shelleys thread Slick suggests it should be done at the same rate as on my spready,

but I have seen elsewhere that it's 8%?

 

I used Slicks suggestion on this for my BC claim and there wasn't a problem

but would jut like to clarify please as I don't think MBNA will be as straight forward as BC and don't want to mess up on anything.

 

Also, If I make the claim online tomorrow

when do I send the POC to the MBNA?

 

Will they receive it before the court lets them know I'm suing

(not sure how long the process takes with MCOL).

 

And when I send a copy to the court with the N215 does it go to Northampton, Salford or my local court?

 

Many thanks

Up2

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Morning all,

 

I submitted the claim via MCOL earlier in the week and it is showing as issued the following day.

 

I need to send my POC to the court and have gotten a bit stumped with the N215. It asks 'What date did you serve' and 'The date of service is'. Now, is this the days my claim was submitted and issued? or is it the date the POC gets sent + 1 business day? I don't want to get the days wrong and it be rejected. Also, on the N1 it says in the Northampton County Court, I take it this is where I send it too?

 

Sorry if I'm asking obvious questions, but I don't want to get this wrong.

 

Many thanks

Up2

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You are right to ask. I think date of service = issue date + 5 days. Check with one of the experts though

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Thanks MrHat

 

I yesterday received the Notice of Issue from the court which says they sent it on the 29th Oct and it will deemed to be served today, so I guess they're the dates I use?

 

Many thanks

Up2

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