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    • Minster are seriously a bunch of muppets if they think they could secure a court win on what they have currently provided document wise...still i am not going to be complacent 
    • Hey,   Just wanted to share a quick experience for a lost Hermes parcel worth a couple of hundred pounds. I accepted Hermes' offer to use mediation and was pleasantly surprised! I read all the threads on here and thanks to the Bankfodder's great advice I came in confident and with notes and was not prepared to reduce the claimed amount even by 10p.    Firstly Hermes stated that my item was not one that is normally covered and due to its fragile nature it is not compensated and secondly they gave the ordinary "you have not opted for insurance bla bla". These were their points and even before I started stating my arguments they were already out with an offer to cover the item value in full and the postage costs for it but NOT the small claim fee of 25 pounds. To me this sounded as a reasonable compromise since I got other things to do during the day. This 25 pounds compromise was about 5 percent  of the overall claim value so that was fine by me.    I went to mediation extremely sceptical having read some of the other ppl's experiences, but I'm glad to say mine took only 2 quick calls, everything was settled in no more than 20 minutes, the mediator was superb, extremely friendly, polite and with a sense of humour  and they just asked me to send my bank details in response to their upcoming email and that was that.    p.s -> I could feel the mediator was actually on my side a lil bit, but what reasonable person would side with such a shameful and honestly disgusting company anyway   All in all, I would highly recommend the experience for anyone who's still on fence regarding mediation. Open small claims against them Hermes mfs, make them pay, they are so aware of their unlawful approaches ! On my part, I will never ever use Hermes services ever. However, in fairness, this whole saga's been going on for two and a half months and I've lost so much time and effort and nerves on the matter that it was worth at least 10 times that settlement. I've been through 41 calls with them regarding the item and went to their depot twice to look for my item...   Have a great week guys/gals   Best
    • i see you have all the statements in the earlier post    pop welcome int rate in cell d15 of out CI sheet Latest Spreadsheets - PPI Claims and Charges Claims - Dec 2011 - Payment Protection Insurance (PPI) - Consumer Action Group   enter every penalty charges. on it date    
    • dx I manage to locate quite alot of paperwork from welcome sent previously - what am I looking for? Im a bit worried that they are going to start court proceedings after their letter last week, im not keen to send them bank statements   Hi peterbard this is a secured loan , i dont believe there is any policy in place   dx should I have sent an SAR to Welcome and Coast even though Coast had taken over the loan?  I have a pile of paperwork i have located thats about 2 reems of paper, from the SAR's I have sent previously.  There is a lot of information - the SAR requests more recently were sent on CDROM and were not accessible after a certain amount of time (i think the username and passcode expire or something)
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    • 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
    • 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
      • 31 replies

Aktiv Kapital - Statute Barred


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I have received several letters from Aktiv Kapital regarding an old account. I spoke to them today and explained I wasn't familiar with the account and if it was an account of mine then it was probably statute barred.

 

The agent looked and confirmed that the account is statute barred.

 

I said ah ok then, she went on to say that they are still looking to collect but just won't take legal action but that was never their intention.

 

Where do I stand???

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You should send them a letter via recorded delivery stating that the debt is statute barred + request a copy of their complaints procedure.

 

Once they have it in writing from you that the debt is statute barred - and so long as they cannot prove otherwise - it would be unfair for them to contine chasing you. So hopefully they won't!

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