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    • Hi there   Thank you for your response and the clear explanation, Very interesting to read and digest . . . and an eye opener.   Regarding the pdfs  . . . did you add comments on the pdfs I uploaded and all I have to do is to redownload them and see your notes?  is that correct?   Regards  
    • The mediation went something like the following and I only felt a little pressure at the end in order to complete the mediation: -      The mediator called me first, explained the process and asked me for a brief overview of the dispute. I gave a brief overview but also added a couple of comments as the defendant had put into their defence that they did not know that we had left the property and had accepted their offer – comments were to the effect that the defendant had responded to a couple of messages of mine in text demonstrating that they knew that we had left on the day. As a gesture of good will, I offered £350 instead of the full £450 to close the dispute. -      The mediator called the defendant and they said that they weren’t prepared that amount as per their defence comments and were only prepared to refund £100 and to give £100 to a charity.  -      I declined the offer.  -      Defendant responded that they weren’t prepared to pay that much again.  -      I stated that I had received legal advice and that their messages were in writing and constituted an amendment to an existing rental agreement.  -      The defendant responded that they were prepared to offer £200.  -      I asked the mediator to explain to the respondent that as I had their comments in writing that I would win in court and as the loser in the case the defendant would have to pay that amount, my expenses, time off work, travel expenses and legal fees.  -      At this point the defendant brought up my Instagram comments about his property.  -      I said that I would remove the comments if he paid the £350.  -      Defendant agreed. -      There were a couple of messages bounced between the defendant and I as to who would do what first.  -      For the first time the mediator pressured me to move in a particular direction to remove my comments first and that the defendant would pay within 7 days (pressured that if I didn’t it would go to court and could take a year or more to finish). -      I agreed to take down my comments first. -      They agreed.  claim-form.pdf claim-response.pdf mediation-agreement.pdf
    • post 1 sorted. ouch ..this could have been fatal!!   great you have photos well done!!   i also hope whomever is the insurance company covering the car were made aware of the medications else this invalidates any motor insurance 
    • ive not heard of issues with any addresses used. but why not check their website  
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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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Hi all, I'm really hoping someone would see this and help me out :(

I'm a 20 year old student and I stupidly took out a £300 loan with TOOTHFAIRY and I signed onto a DMP shortly after, agreeing to take £40 a month. At this point, I apparently had to pay £800.

 

I paid them month by month and to this day I've paid them £310 and I am currently in the process of switching DMP's from Debt Advisory to Stepchange (because they're free) and I received an email from Toothfairy saying that I now needed to repay £1711!!!!!!!!!!!!:!:

 

Bear in mind I have kept up with payments consistently! The £40 has always gone through to them!

 

I've logged a complaint with FOS and OFT but to be honest, they couldn't answer me straight when I asked if I would be dealing with this for the rest of my life if they don't accept any payment plans, they could keep charging interest.

 

PLEASE help me, I start 2nd year of uni next month and this is making me very depressed, the constant emails and calls are very scary and the thought of it never going away frightens me so much!

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Don't panic they are full of empty threats, only repay the loan plus default fee no more. If you write to this company your letter will be at the empty garage in London. They will pass your file to NDR and charge 200.00 fee, then fee to Marshall Hoares Bailiffs ( not bailiffs ) they are all the same company. Report to OFT FOS now keep all emails letter etc and send to the OFT FOS etc.

 

Keep reading threads on this site which confirms everything about this company.

 

 

They will keep sending threats adding fees, but so far this company have never been to court ( well attended ) just a bunch of crooks .

 

DONT PANIC

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Don't worry. I took out a loan of £500 with them in 2011. You have got to realise that Toothfairy, NDR, and Marshall Hoares are one of the same. They reckoned that I owed them £3546. I phoned them and threatened them with the financial ombudsman. They then ver quickly settled on a payment of £699, payable over 3 months. Just stand up to these guys. They have no balls at the end of the day and you will NOT get a home visit.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Send a FORMAL COMPLAINT and they legally have to communicate with you. It's on my to-do list this week to sort them out- been busy with work and we have had a new baby so been a bit busy. I've had a bit of email correspondence with Michael Lapides and they have finally agreed I don't owe anywhere near what they say. Admittedly it has taken a complaint to both OFT and Financial Ombudsman to do it. They get a certain amount of free investigations per year and then are charged over £500 for every other investigation by the FOS so get complaining. And make a point of telling them you are complaining. That will defo get the morons running scared!

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Send a FORMAL COMPLAINT and they legally have to communicate with you.

 

Nope. Guidelines say they should issue a final response within 8 weeks, otherwise the FOS can intervene without a response from the creditor.

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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Considering the lender can be fined up to £50000 for failing to deal with a legitimate complaint it is really in the lenders best interest to deal with complaints seriously though.

 

But then of course we are talking about the Toothfairy here:evil:

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