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    • To add to the weight of evidence this is fraud, do you have (or can you get) proof of what the cost of the Special Delivery was?. If they paid for the weight of an envelope containing a piece of paper, they won't have paid for the cost of sending a laptop (given it is much heavier) ...... You should also contact ActionFraud.
    • @dx100uk, I'm afraid you've got this wrong. My fear of compromising my defence wasn't with regards my response to DCB Legal's initial letter per se. It was more in reference to any subsequent advice posted on this thread by other forum members and I was only being wary due to the numerous instances when some have cautioned about parking companies and their legal reps trawling these pages to stay a step ahead.   As I did also state however, I'm happy to provide full details of that initial reply to DCB Legal and have therefore reproduced it below. Thanks.    
    • more: extend the contract line by....   contract exists between the claimant and the landowner which assigns the claimant the right to enter contracts with the public and make claims in their own name. I put the claimant to strict proof that such a contract exists.   1st few lines like this:   1.I am the defendant in this matter.   Any documentary evidence relied upon by me in this, my statement will be referred to and produced as exhibits RSS1, exhibit RSS2 and so on, and are labelled and attached accordingly.   All exhibits are listed below List of Exhibits    2. In this Witness statement, the facts and matters stated are true and within my own knowledge, unless indicated otherwise.   3. I am the registered of the vehicle, xxxxxx   4. I am not liable to the claimant for the sum claimed, or any amount at all.   just sign and date at the end no statement of truth is needed sorry.   dx        
    • Right - you two win.  I give in - off to kip!   Salackdad, hang on to early afternoon tomorrow just in case the regulars advise any tweaking, but IMHO you've prepared a superb defbnce.
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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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My husband has run into difficulties with Wonga, the emailed him to say that his payment has bounced but it seems from internet banking that they have taken part of the payment - how do we go about getting this back, we have requested a repayment plan and I have sent a letter saying they are no longer authorised to take monies from his debit card - any other info greatly received and thank you in advance for your assistance.

 

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Yep. If they cant take the full amount they will debit the account up to 5 times a day and take smaller amounts. You should declare ur card lost to the bank, not just get a new card cos those card details are still active for a period of time still...if u report it lost, its blocked straight away.

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Yep. If they cant take the full amount they will debit the account up to 5 times a day and take smaller amounts.

 

Which is a violation of OFT guidance and MUST be reported and not ignored or shrugged off.

 

To the OP, you need to instruct your bank in writing, to cancel the CPA that exists on the account and deny any and all transactions to the lender. The bank will say they cant, but the law says different.

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

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Is it renegaide..Never knew that! Happened to me a long time ago, they took money from my account 5 times in the day just little amounts but never thought it was a voilation as there site says thats what they do x

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It doesnt matter what they say they can do, the law and regulation say different. Weve seen it here hundreds of times, including some posters where they had their entire account stripped in £20 or £5 transactions over the course of a few minutes. The bank tried to say they couldnt do anything and it took the intervention of the FOS and court action by the poster to sort things out.

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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FOS charge the lender just to investigate and the majority of the time got the poster their money back. The thing is, all this takes a lot of time. Thats why we advise people to get their finances secure BEFORE you inform them that you will default. Then if the bank decides to not follow your instructions, you can simply get a complaint in, issue a LBA, then take them to court where you are pretty much guaranteed to win. So long as you have followed the rules the whole time.

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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