Jump to content



  • Tweets

  • Posts

    • Who actually carried the items? Was it Hermes? I understand that you declared that they were loudspeakers and that before you enter the contract you were told that they would be protected for loss only and so you took out an insurance to cover that risk – is this correct? I'm afraid that if that is correct then there is probably very little you can do. Was it provided to in writing that these would be protected for loss only?   
    • Hi Peter,   I recall Barclays required the account to be brought under a stated threshold. I presume that the failure to comply would allow immediate payment and the filing of a default.?  
    • Peter,   I thought overdrafts were payable on demand ?  
    • I'm sorry but this may be a long post but I really need some advice : My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate. During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was positive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days. He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating  "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was " "as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:" The absence of communication with a manager upon confirmation of a positive COVID-19 result The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result The high level of risk to people and business associated with the two points above The approach to communication with colleagues and management upon your return to work We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times. Can anyone help please ? Do they not have to provide evidence especially he was not given the opportunity to defend himself.
    • Hey guys - I've read a fair few of the Hermes related posts but hoping you can guide me here.   I paid Parcel2Go to ship 2 speakers to me, via ParcelForce from an ebay seller (Value £170 + £33 shipping) I stated on the form it was 2 speakers, and having been told that these were protected for loss only, I took out their insurance (£9 cost) The seller packed them according to their packaging tips page - two layers of corrugated cardboard and some corrugated plastic cushioning (4 layers).    They arrived badly damaged - the base smashed on one, cracked on the other. Dents on both. Looks like they had been dropped several times from a reasonable height.   Parcel2Go are now saying that they class these as Musical Instruments and that they must be packed in a hard case.  As such they will not pay anything towards the damage. After searching through several pages, and buried links, I've have found this in their terms but its buried pretty deep, and wasn't at all clear in any correspondence, or during the booking process.   Do I have a leg to stand on in terms of making a claim in small claims court? Really disappointed in the terrible handling of both the parcels and the complaints process.   Thanks for any advice - its very much appreciated.    
  • Our picks

    • 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

my MBNA debt been through every DCA in the book - now link chasing


Please note that this topic has not had any new posts for the last 2649 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello there. What constitutes as acknwoledgement is abased around the facts of the particular situation, there isn't a hard or fast rule. I would probably argue that the above would count as acknowledgement. What's important is that the other party would need to raise it as a bar to your limitations argument - are they aware of the letter?

 

best wishes,

 

Seq.

Link to post
Share on other sites
  • Replies 153
  • Created
  • Last Reply

Top Posters In This Topic

Hi ncm-000,

 

I think it probably does unfortunately unless you made a statement somewhere in your letter along the lines that you didn't acknowledge the debt and were in effect only offering a repayment plan for a quiet life!

 

However, if you were led to believe that the agreement was enforceable when it wasn't you might be able to come up with some kind of argument.

 

Who was the card with?

 

Are you suddenly being chased by the DCA or a new DCA when it's been quiet for some time?

Link to post
Share on other sites

The Credit card was issued by MBNA and the DCA I have been sparring with since 2008 are known to read this forum so I will not name them.

 

I have never received anything from the DCA to demonstrate enforceability just around 20 threatogrammes

Link to post
Share on other sites

Have you ever asked for a copy of the alleged agreement? Or checked the likelihood of its enforceability by comparing it to those from around the same date on other MBNA threads?

 

If the threats are just using words like 'may' or 'could' it doesn't sound as though they are pushing too hard. Do you know if the DCA is a debt-chaser or a debt buyer? If it's the former they won't take action on their own although they could pass it on.

Link to post
Share on other sites
Hello there. What constitutes as acknwoledgement is abased around the facts of the particular situation, there isn't a hard or fast rule. I would probably argue that the above would count as acknowledgement. What's important is that the other party would need to raise it as a bar to your limitations argument - are they aware of the letter?

 

best wishes,

 

Seq.

 

They reminded me of the contents of the letter after I wrote in a number of interchanges earlier this year

As I have said before many times, I do not, and never have, acknowledged any alleged debt to you or MBNA.

This is after receiving an unsolicited offer to write off the debt on health grounds, which I replied to with all relevant info.

They acknowledged my medical condition but instead of writing the debt off they asked for a nominal £1 per month

Link to post
Share on other sites

The £1 a month was to keep the debt alive in case your circumstances change and they can get more money.

 

If they were prepared to consider a write-off on medical grounds and your circumstances haven't changed, then I think they may just stick at threats as they'll know they have no realistic chance of getting huge sums from you.

  • Confused 1
Link to post
Share on other sites
Have you ever asked for a copy of the alleged agreement? Or checked the likelihood of its enforceability by comparing it to those from around the same date on other MBNA threads?

 

If the threats are just using words like 'may' or 'could' it doesn't sound as though they are pushing too hard. Do you know if the DCA is a debt-chaser or a debt buyer? If it's the former they won't take action on their own although they could pass it on.

 

I have never asked for any proof just stated I do not acknowledge the debt. Left it up to them to send any proof to refute the statement.

I do not believe the paperwork to be valid as it goes way back to 1995/6 time, as a similar situation has gone quiet with a different DCA after they sent some paperwork which I picked a number of holes in, also for a MBNA account of the same vintage

Link to post
Share on other sites
The £1 a month was to keep the debt alive in case your circumstances change and they can get more money.

 

If they were prepared to consider a write-off on medical grounds and your circumstances haven't changed, then I think they may just stick at threats as they'll know they have no realistic chance of getting huge sums from you.

 

My Medical circumstances are not going to change for the better and my financial ones should improve in 4/5 years time long after SB.

I also think they will not push the matter but I would like to have the threat lifted and only replied to them regarding the medical condition after they made the offer.

Link to post
Share on other sites

8 threads on same debt merged for history of advise

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
Like I said the DCA is known to LURK here.

 

A lot of DCAs lurk here, but usually they flood to threads where they are mentioned in the thread title so I was curious as to why they were all on this particular thread. You seem to have an audience of 24. Mind you, it is their lunchtime ....... :-)

Link to post
Share on other sites
My Medical circumstances are not going to change for the better and my financial ones should improve in 4/5 years time long after SB.

I also think they will not push the matter but I would like to have the threat lifted and only replied to them regarding the medical condition after they made the offer.

 

Unfortunately you may just have to live with the threats because they refused the complete write-off. I've scrolled up a bit and see that Fred's were involved about six months ago. Presumably you still haven't heard from them?

Link to post
Share on other sites

i'd be checking you CRA file & getting am sar off to MBNA

 

that's will tell you all the info you need

esp on the SB fronts on both cards.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
8 threads on same debt merged for history of advise

 

dx

 

I am a wee bit surprised that you have concatenated these threads as they refer to at least 3 different debts and 2 generic questions.

 

Have I done something to offend you DX?

Link to post
Share on other sites
Unfortunately you may just have to live with the threats because they refused the complete write-off. I've scrolled up a bit and see that Fred's were involved about six months ago. Presumably you still haven't heard from them?

 

Freds =different debt, they have gone dark for many months after calling their bluff and suggesting Put up or Shut up.

 

Thinking of sending a similar letter to this DCA

Link to post
Share on other sites
i'd be checking you CRA file & getting am sar off to MBNA

 

that's will tell you all the info you need

esp on the SB fronts on both cards.

 

dx

 

I can think of plenty of good reasons why NOT to do this and all of them have come as suggestions from this forum

Link to post
Share on other sites
Sorry, I was confused.

 

You could certainly send a similar letter to this DCA.

 

 

I can understand your confusion. I await a reply from DX regarding the concatenation of these threads

 

As to the letter I am contemplating which type of letter to send.

 

Short pithy anglo saxon equivalent of go away with vigour.

A bit longer pointing out their foolishness in pursuing this matter

Extremely insulting and sarcastic regarding the IQ and linage of the companies owners and to some extent the employees.

A long an detailed letter explaining in excruciating detail why they will be on a hiding to nothing as win or lose they will get nothing but a big bill.

And last but not least a simple 'Put up or Shut up' - go away or see you in court.

 

I have used all of the above with varying degrees of success.

Link to post
Share on other sites
Hello there. What constitutes as acknwoledgement is abased around the facts of the particular situation, there isn't a hard or fast rule. I would probably argue that the above would count as acknowledgement. What's important is that the other party would need to raise it as a bar to your limitations argument - are they aware of the letter?

 

best wishes,

 

Seq.

 

Definition of Acknowledgment of a debt (appendix B) Section B7.: OFT Guidance on Debt Collection 2003/2006 updated Nov. 2012. The updates should be read in conjunction with the 2003/2006 document.

 

A relevant acknowledgment will normally be made by performance of the debtor (or his representative. For example, by making pay7ments or by making an unequivocal written admission clearly acknowledging that the obligation still subsists.

 

As to what constitutes 'contact' with a debtor, General Debt Collection Letters are not considered relevant contact with a debtor. Contact that is relevant is contained in B6.

 

A relevant claim, will normally take the form of the creditor raising an action for payment in court, simply sending a default notice or a letter demanding payment will not constitute a relevant claim. (claim can be taken as also mean relevant contact with a debtor).

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
I can think of plenty of good reasons why NOT to do this and all of them have come as suggestions from this forum

 

you'll be whistling in the wind forever till you get facts not supposition on all three of the cards.

 

and know you certainly done offend me

 

just a wee bit diff to untangle what debt you are going on about sometimes dear boy.

 

bout time you stopped all letter tennis on all 3

that'll sort the lot.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
Definition of Acknowledgment of a debt (appendix B) Section B7.: OFT Guidance on Debt Collection 2003/2006 updated Nov. 2012. The updates should be read in conjunction with the 2003/2006 document.

 

A relevant acknowledgment will normally be made by performance of the debtor (or his representative. For example, by making pay7ments or by making an unequivocal written admission clearly acknowledging that the obligation still subsists.

 

As to what constitutes 'contact' with a debtor, General Debt Collection Letters are not considered relevant contact with a debtor. Contact that is relevant is contained in B6.

 

A relevant claim, will normally take the form of the creditor raising an action for payment in court, simply sending a default notice or a letter demanding payment will not constitute a relevant claim. (claim can be taken as also mean relevant contact with a debtor).

 

Not being a Lawyer nor having legal training please can you confirm that the above means that as we (myself and the DCA) who have only played letter tennis and the only words written by me that could possibly be construed to be such an admission are as detailed in an earlier reply to this thread, this does not fall within the meaning of the above.

 

Hence no acknowledgement.

Link to post
Share on other sites
you'll be whistling in the wind forever till you get facts not supposition on all three of the cards.

 

and know you certainly done offend me

 

just a wee bit diff to untangle what debt you are going on about sometimes dear boy.

 

bout time you stopped all letter tennis on all 3

that'll sort the lot.

 

dx

 

I am trying to play these DCAs out to SB as although, from previous advice (both to me and others) I have concluded they do not have sufficient to go to court.

 

However, to be on the safe side I have not simply ignored them, but tried to keep up a dialogue.

 

I am aware that one cannot predict the outcome of court action so although I am reasonably certain of the outcome, I would rather not test it in court unless I absolutely need to.

Link to post
Share on other sites

sounds reasonable

 

though AK are the only ones that try on mbna usually

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
sounds reasonable

 

though AK are the only ones that try on mbna usually

 

dx

 

I exchanged a couple of letters with them - they disappeared over 18 months ago, perhaps they did not like something I said.

e.g. "I am at a loss to decide if you are stupid, incompetent or just illiterate! "

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...