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    • Andy this is old news, I am afraid you are going to have a look at the GDPR Higher procedure for recording defaults on arrears or arrangements.   I am afraid it is not so simple anymore. I am sorry but I am to busy to hold your hand through it, and I am told not to post legal explanation.   OP Sorry. Perhaps that call to the ombudsman will clear it up for you.
    • Given that the OPS initial post is with regards to DCAs and not original creditors...its fairly unlikely that you would have or could arrange an AP marker...arrangement to pay..... (not a D marker as you refer to Peter) as the agreement would have been terminated at assignment and already recorded as a D.   D represents ‘Default’, which is recorded once the lender believes that the credit agreement has broken down, usually due to a sustained period of arrears. A default is also a form of account closure, meaning that defaulted accounts will be removed from your Credit Report once six years pass from date of default. That being said in some cases, the account may only be marked as closed with a Satisfied (SF) marker when the outstanding balance has been paid. This will depend on the lender or the Credit Reference Agency that they have reported the account information to. Regardless of whether a default is recorded as open or closed, if a balance remains outstanding you can still be chased to repay this indefinitely. Defaults will severely damage your Credit Report. They will only stop harming your Credit Rating once they have been removed, six years from date of default. This is regardless of any subsequent payment made towards the defaulted account.   DA – Debt Assigned DA is used to show ‘Debt Assigned’. This marker is reported when an account has been sold to a debt collector. The original lender will then record the status of the account as Debt Assigned to reflect that the debt has been assigned to another company.
    • Contactless shoppers could actually have to key in their Pin more often to prevent fraud if the tap and pay limit is more than doubled to £100 in the Budget today. View the full article
    • organised criminal gangs pull all kinds of stunts......
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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
      • 33 replies

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My employer has recently decided to change the holiday entitlement yearly period to the normal Jan - Dec 25 days. previously it was 25 days from April to April.

 

However, because of the changes they have told us that our allowance pro rata for this year, will now be less (works out at 16 days), as it will be end of year in December not April.

 

So I'm 8 days over my "new" allowance and have been told I need to pay back one day per month from sept to Dec, and then they will take the other 3.5 days from next years allowance. This is costing me nearly £100 per month, that i cannot afford.

 

My question is, can they do this? Do I have to pay it back? this is their decision and they ahven't offered any goodwill gesture, they've just "told" us that we have to pay back or lose it out of next years allowance?? Any advice greatly appreciated?

 

 

 

Moantime -

i seem to pay something off then another debt rears its head. I got a pay rise followed the next day by a letter from HMRC saying I owe tax which they're taking direct form my salary. I book a holiday and now this happens? End of my tether! Just when you think u can see the light at the end of the tunnel....

Up The Mariners

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They can't 'take' back anything unless there is a clause in your contract which allows this.

 

If they have been careless enough to allow you to take more holiday than you had accrued at the time then they should allow you some latitude in how this is made up.

 

Question is - how much of a pain are you prepared to make of yourself?

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