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    • Agree with everything so far, certainly do not secure anything against your property   Firstly forget the unclean and disappointed, it's not like you owe the money to your best mate. To your Creditors you are just a number on a spreadsheet.    Worst case scenario? Default on everything, and get a barrage of letters from mainly powerless DCA's (Debt Collection Agencies). Maybe nothing will happen, maybe at some point in the next 6 years you might get a Claim form to try and take you to court. We can advise you with that here if it does.   What would I do? As someone who's been through this mess. Get your calculator out and work out your essential expenses. Work out what you have left over to offer the cards and loans etc, offer them a token amount and ask them to freeze interest until you find another job.  It may be that because of the pandemic they will offer you a payment holiday anyway.    If you are really worried you can still ask your mortgage company for a six month payment holiday also, I did it, and it really helped me get back on track after losing my job.   Mortgage, Council Tax, Food etc so you know what you need to live on.   Get rid of any expensive cars, spend a grand on an old Focus or Corolla Get rid of any expensive mobiles, Buy a cheap PAYG on a second hand phone     Start looking for another job now, even if it's half the salary. Try and recover money from any friends you have 'helped'
    • I would let the person named on the hire agreement know about it as suggested above. I would make the complaint to the ICO immediately – and then a second complaint later on if the SAR doesn't appear. Other than that, I would simply carry on with the defence as we suggested. If you get a reference number for your ICO complaint then let us know and we will include it in the defence
    • Hey there pal. So I've spoken to the ICO and been informed that I have two options.  1) Make a complaint now regarding the disclosure of private information of others, or 2) Wait until there is an outcome one way or another regarding the SAR and if they don't comply to send one complain that includes both the non compliance of the SAR and of the disclosure of private information.   They said the fact that they are registered with the ICO or not is not clear cut because they may have a different legal entity to their trading entity or something along those lines. Said that in any case not everyone needs to be registered with the ICO but they all need to comply with the SAR under the rules of GDPR.   Regarding the other person who's details I was given, I haven't contacted him. I'm not sure what would happen in that scenario if he wanted to talk. Either he is the actual hirer and if he's not all it does it then give him a reason to start venting as well.   Hopefully it is an honest mistake as you say. I just feel a bit confused as to why they'd then try to take me to court. They know by now following the number of times I contacted the son that I was not the hirer or driver of the vehicle yet they seem like they want to proceed with this.   Additionally, I spoke with someone else who I know who had a hire vehicle from them recently and according to him the father fired the son in the last couple of weeks as he was messing things up for customers and his father. Not sure if I should go and try to see the father at the shop today and see if he can sort this out. Or would I be better advised to just leave that and go through the regular MCOL defence channels?
    • The Information Commissioner’s Office (ICO) issued 17 fines worth over £42m last year, according to an annual report from the regulator View the full article
    • Sorry what do you mean by inserting blank lines ? Space the response out ?
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    • 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
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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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Hi There,

 

I took out a stupid pay-day loan and couldn't afford to pay it back. Now I cancelled my debit card and my bank manager cancelled the direct debit 2 months ago and all was fine and well.

 

A few days ago I noticed that they had set up a direct debit again and applied for payment of the balance.

 

Am I correct that this is a breach of the direct debit scheme regardless of their terms and conditions?

 

As far as I am aware with other companies if I or my bank cancel the direct debit, the recipient requires my authorisation to set up a new one?

 

Am I right? Are they in the wrong?

 

Cheers in advance!

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Yes, it is a breach of the DD guarantee. As you cancelled it and have given no instruction to restart it, your bank should refund the monies.

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Hi Rickyatsea,

 

As far as I am aware WageDayAdvance has something in the contract that they can set up a direct debit until loan is repaid. Even if you are on a repayment plan they will set up a direct debit every month for the full amount 1-2 days before your income is due. So you would need to cancel set every time 1 day before your income is due.

24/7 Moneybox: 195.00 - Oustanding: 0.00

British Pearl/Spondoolies: 752.10 - Oustanding: 0.00

Cash on go/Peachy: 206.30 - Oustanding: 0.00

EarlyPayday: 325.00 - Oustanding: 0.00

Lending Stream: 1398.46 - Oustanding: 0.00

MicroLend: 780.00 - Oustanding: 0.00

Minicredit: 520.00 - Oustanding: 0.00

MonthEndMoney/PaydayUK: 937.50 - Oustanding: 0.00

MrLender: 715.00 - Oustanding: 0.00

Pounds2Pocket: 2328.00 - Oustanding: 0.00

QuickQuid: 1800.00 - Oustanding: 0.00

SafeLoans: 450.50 - Oustanding: 0.00

Speed-E-Loans: 516.00 - Oustanding: 0.00

SwiftSterling: 1295.00 - Oustanding: 0.00

Toothfairy Finance: 544.00 - Oustanding: 0.00

TxtLoan: 450.00 - Oustanding: 0.00

WageDayAdvance: 670.80 - Oustanding: 0.00

Wonga: 1336.86 - Oustanding: 0.00

Total: 15220.52 - Oustanding: 0.00

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Doesnt matter if its in the contract. You can revoke it and cancel the DD at any time. You can also put a full block on it at your bank.

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

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Thats what im getting at. This company is regulated by some kind of body. Whether its in their contract or not they are breeching th DD scheme?

 

Can i not have them by the short and curlies for this behaviour?

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You can try but going by the antics of all PDL's, and the very restricted nature of what the regulators can do, theres really not much you can do. The UK has some of the most relaxed regulations and laws surrounding interest rates and PDL's/creditors attempts to get money.

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

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Im not going to mention any names but i have a good bank manager who is sympathetic towards my circumstances and has a degree of hate towards these type of companies. He is opening me a new account on friday and closing the old one down so i have new details and card details.

 

He believes they cannot offer direct debits if they do not adhere to the schemes rules.

 

I will see what he says on Friday but i hope i can get them on something.

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Just be careful. Some banks will still allow the transactions to be processed. This is a system failure and something which a bank manager cant rectify.

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

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