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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Ok, got another letter today:

 

NOTICE OF COURT ACTION PENDING

 

We have no record of receiving payment despite our previous correspondance and now have no alternative but to recommend to our client XXXX that we proceed with COURT ACTION.

 

To avoid this course of action please telephone XXXX immediately to discuss payment. IF your are unable to meet the above request or make a short term arrangement to clear your account please contact us on the number given above.

 

Ok so the court action pending thing has got me a little wound up, they say i owe £60 for not having a valid permit.

 

Should i write a letter or continue to ignore?

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Ok, got another letter today:

 

NOTICE OF COURT ACTION PENDING

 

We have no record of receiving payment despite our previous correspondance and now have no alternative but to recommend to our client XXXX that we proceed with COURT ACTION.

 

To avoid this course of action please telephone XXXX immediately to discuss payment. IF your are unable to meet the above request or make a short term arrangement to clear your account please contact us on the number given above.

 

Ok so the court action pending thing has got me a little wound up, they say i owe £60 for not having a valid permit.

 

Should i write a letter or continue to ignore?

 

I would wait until I got court papers and then put in a defence asking them to justify the £60 damages that the LL is claiming. They may not issue court papers and even if they did they still stand a excellent chance of losing. However it is your choice.

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As happens in a lot of cases, they issue court papers but if you file a good defence they pull out at the last moment as they know they cannot justify the £60 charge which would relate to damages. Have you requested a copy of the contract that allows them to pursue you on behalf of the LL?

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Nope, i wont pretend i know what LL is, i haven't sent any letters as of yet.

I have drafted one that i was going to send but some are saying i should ignore until court papers come through, not sure if im happy doing that to be honest!

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Nope, i wont pretend i know what LL is, i haven't sent any letters as of yet.

I have drafted one that i was going to send but some are saying i should ignore until court papers come through, not sure if im happy doing that to be honest!

 

 

LL is the landlord of the land. You have been offered good advice regarding ignore. We can help every step of the way in the unlikely event you receive court papers. Keep strong.

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The last letter is just a standard one so nothing more worrting than the other ones. You can bet that no rights have been assigned to these people, they just get paid to send out letters and cant take you to court as they have no interest in the land nor the debt. They just want to make some money to cover their running costs.

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What you have to remember is Newlyn chase legit debts, they will have template letters, some desk jockey will see they have had no response from the last letter/letters and send the next. They receive a percentage of what they receive, plus any costs ie: postage/calls so they will keep the pressure on if they send it back they will get nowt. Hence the letters.

 

If you contact them now they will think they have you worried. Since you have ignored them this long you may as well see it through now.

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