Jump to content


  • Tweets

  • Posts

    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
    • Shares in Meituan slumped after its boss reportedly shared, then deleted, a Tang dynasty poem. View the full article
    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
    • The US president rejects claims that unemployed Americans have less of an incentive to find work. View the full article
    • Hi Toum   We really need more info, like :-   Nature of the goods you were expecting to be delivered. What does the seller have to say about the failed deliveries and the delivery with missing content. Are there still items you can track which may be delivered.
  • Recommended Topics

  • Our picks

    • 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.
        • Haha
        • Like
    • 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
  • Recommended Topics

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3029 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

Received an email today from WDA saying the following:

 

Dear Harry

 

Account Transferred to Debt Recovery Agency

 

Your account is now being handled by Debt Revenue Services who are acting on our behalf.

 

All future communication should be made with Debt Revenue Services and any queries

sent to Wage Day Advance will be passed onto them to deal with.

 

We recommend that you contact them without delay to prevent any further action to your

account.

 

---------

 

The amount that WDA have said i now owe is £590.10 although in reality it should be £408.50 (Included in that figure is original loan + 1 months interest)

 

What is my first port of call now?

 

Thanks for your help

Link to post
Share on other sites

My this has attracted a lot of guests! :wave:

 

Let me go get on my desktop and do some research on WDA, I take it they're a pay day loan shark?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

OK, when did you take this out, and how much?

 

Did you extend this at all? How many times?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
OK, when did you take this out, and how much?

 

Did you extend this at all? How many times?

 

Took the loan out beginning of January:

 

£300 loan

 

£88.50 Interest

 

Rolled it over twice on 31st January & 29th February so paid £88.50 twice = £177.00 in charges.

Link to post
Share on other sites

Ok. Lets look at specifics here:

 

Your account is now being handled by Debt Revenue Services who are acting on our behalf.

 

All future communication should be made with Debt Revenue Services and any queries

sent to Wage Day Advance will be passed onto them to deal with.

 

We recommend that you contact them without delay to prevent any further action to your

account.

 

So this DCA is only acting on behalf of the creditor. This means they don't own the debt and as such have no legal rights whatsoever to the debt apart from asking you to pay. They are not solicitors so they cannot even advise the creditor on legalities, such as recommending court action.

 

What im finding strange is why the OC will not correspond about this debt with you and is forcing you to deal with a company that cant do anything about the debt. I'm going to do a bit of reading on OFT debt collection guidelines and a few other things and get back to you on this part.

 

 

 

As for your repayement amount, forget the DCA, and email/send record delivery letter to the OC and ask them for a full breakdown of the debt. You need to get them to include specific charges and detail what those charges were for.

 

You also state rollovers. In general terms, this means you effectively took out a new loan. You borrowed more, paid the old one back, and now owe the new one plus interest. It's not illegal but it is a very very shady practice and PDL's miss sell this under different guises.

 

Send the letter demanding a full and complete breakdown of the debt, and post it up here. Do NOT let them give you the run around with them trying to say it will cost you. It is NOT a SAR you are after, you just want the breakdown of the debt so you know what you are paying. I wouldnt be surprised at all, if theyve added unfair charges/fees to the debt, and when you finally get correspondence from them, they or their dumb DCA start to give you discounts.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
Ok. Lets look at specifics here:

 

 

 

So this DCA is only acting on behalf of the creditor. This means they don't own the debt and as such have no legal rights whatsoever to the debt apart from asking you to pay. They are not solicitors so they cannot even advise the creditor on legalities, such as recommending court action.

 

What im finding strange is why the OC will not correspond about this debt with you and is forcing you to deal with a company that cant do anything about the debt. I'm going to do a bit of reading on OFT debt collection guidelines and a few other things and get back to you on this part.

 

 

 

As for your repayement amount, forget the DCA, and email/send record delivery letter to the OC and ask them for a full breakdown of the debt. You need to get them to include specific charges and detail what those charges were for.

 

You also state rollovers. In general terms, this means you effectively took out a new loan. You borrowed more, paid the old one back, and now owe the new one plus interest. It's not illegal but it is a very very shady practice and PDL's miss sell this under different guises.

 

Send the letter demanding a full and complete breakdown of the debt, and post it up here. Do NOT let them give you the run around with them trying to say it will cost you. It is NOT a SAR you are after, you just want the breakdown of the debt so you know what you are paying. I wouldnt be surprised at all, if theyve added unfair charges/fees to the debt, and when you finally get correspondence from them, they or their dumb DCA start to give you discounts.

 

Thank you renegadeimp.

 

Is there a template letter available for me to send?

Link to post
Share on other sites

No need for a template. Simply write to them and ask for a full breakdown of the monies owed. Tell them that any and all payments will be withheld until you receive the breakdown.

 

Keep all correspondence short, simple and straight to the point ( unless its a formal complaint)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

 

Keep all correspondence short, simple and straight to the point ( unless its a formal complaint)

 

I love the last bit renegade; I always write my complaints in the obfuscatory style of their response.

 

x

 

v

Link to post
Share on other sites

Same here :) I make sure to add every last thing i can think of. The last complaint i wrote ( to my previous bank) weighed in at 5 A4 sheets in 12 point text )

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Youll probably get the run around. I'll be surprised if you dont.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

This is what i sent;

 

Dear Wagedayadvance

 

 

 

On receipt of the below email advising me that my account is now being handled Debt Revenue Services on your behalf.

So they actually have no legal rights to the debt whatsoever apart from asking me to pay.

 

 

I have emailed your company and tried to propose an amicable repayment agreement but my email has been

totally disregarded.

 

 

For the outstanding debt of £590.10 i would please like to request a full breakdown of the debt

including specific charges and detail of what each charge is for.

 

 

I look forward to a response.

 

Thank You

 

 

 

Received a reply from WDA:

 

Dear Harry,

 

Unfortunately we are no longer dealing with your account, it has been passed to a debt collection agency, please contact DRS on 0151 545 1500 to make arrangements for repayment.

 

Regards

-------

 

So WDA have totally dodged the question regarding asking them for a breakdown of the debt!

Link to post
Share on other sites

Ask them if the DCA is acting on behalf of them or have they bought the debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

If they say its been sold, ask them why they didnt provide a notice of assignment.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

TBH if that is their attitude then I wouldn't have anything to do with them.

 

Ignore their rather childish third party clown, and simply enter into their complaints procedure, once it has fallen outside of the 8 week time limit they have to rectify your complaint (which it will do reading that sorry email reply from them) then you can escalate it beyond their control.

 

Ignore DRS, they are a trivial fly in the ointment and only used to try and distract you.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Hi Harry

 

I always include the following to a DCA bandit which they appear to dislike:

 

' 43 Regulation 36 of the EU Directive Regulations.

16. ASSIGNMENT OF RIGHTS

here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

71'

 

Although it it is only guidance it is EU guidance which underpins my rights in the Human Rights Act should a DJ perversely rule that my protections under the CCA cannot be circumvented. I stress that this is not mainstream CAG line but I have not yet engaged with an enemy that chooses to test this.

 

x

 

v

Link to post
Share on other sites

Well i received a reply from WDA regarding DRS:

 

Dear Harry,

 

The Collection agency are acting on behalf of WDA, you can contact them to set an arrangement up to repay the balance on your account.

 

Regards

Link to post
Share on other sites

I have also received an email from DRS regarding the debt: Note that the figure has now risen again :s

 

Dear - Mr Harry

 

Our Client: Wage Day Advance Ltd

 

Our ref: 447~~~

 

Client Ref: ~~~~~~~

 

Balance Outstanding: £614.10

 

We have been instructed by the above named client to contact you with regards to your unpaid account.

 

As a matter of urgency, please call Mark Loughlin at DRS on 0151 545 3403 & quote your account number 44~~~

 

What I'm i best saying in a reply to DRS?

 

Thanks all!

Link to post
Share on other sites

Tell to take a running jump. They have no legal rights apart from the ability to ask you to repay. Go through the OC.

 

See post 21

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...