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    • Hey hello, so as a reminder this is what I sent added in the (via Payplan bit):   "I refer to your letter regarding dated 20th January 2021 stating that the debt wasn’t statute barred on the basis that payment was made via payplan in August 2012 towards this debt.   I believe that the debt was statute barred before any payment was made and if payments were made to the debt it still doesn’t unbar a statute barred debt. I will await your response."   This is the letter dated 25 Feb they sent back which I just received, I didn't scan as its only a couple of lines and quick this way:   "We refer to our previous correspondence and note that we have not received your completed financial statement.   It is in your interest to provide us with enough information to accurately assess your circumstances, therefore if you have difficulty completing the form, please contact us on xxxx at your earliest convenience or seek independent advice from one of the organization listed overleaf."   I just checked if the letter I sent and it was received and signed for on 17/02.   Wonder if its a good sign, that unlike all the other letters I have received from them this doesn't have some sort of threat of action in a certain time frame.    Cheers     
    • They won't have offered you a course when they sent the NIP because they don't know who was driving until you tell them.   If you are eligible for a course they will almost certainly offer it - irrespective of whether you've refused one in the past.  If they do offer you a course, I think you'd be daft not to accept it.  (I understand many drivers refuse because they think they'll be treated like naughty schoolkids, but apparently it's not like that and most people find them very useful and learn something new.)
    • Thanks. Sound advice again. I will tread carefully.    I have checked the first correspondence that they sent to me and there is no sign of an offer of a speed awareness course, I do remember being offered one a good few years ago but did not take that up at the time. That may be the reason for it not being offered again.     Looks like my only option now is to shut up and pay up.    Thanks for your input which is much appreeciated.    
    • Just about and card or loan clamform thread here You agree to mediation until the actual call on the day If by then you still dont have enough info to make an informed decision..you say no.   3 copies n180.  1 wit you
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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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Afternoon everyone, a brief update

 

TMS sent their final response just before Christmas but within the deadline. Full of all the usual BS, so having got Christmas and New Year out of the way, I have now completed the FOS complaint form and sent it last week. I paid TMS by Postal Order on the 1st of November and December, they cashed them both on the 31st December. Should I write to them now, to let them know I am escalating it to the FOS, and should I pay them for January ?

 

any/all help always greatly received

Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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Nope. Let the FOS deal with them now. As for paying, yes. Keep paying as it shows you are 100% willing and are paying your debt. It's just the creditor that refuses to listen to reason.

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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Ta RI

 

I thought it would be prudent to continue paying, it just irks me that the PO is for £44-00, and I'm asking them to acknowledge payment of £50-00 off the debt. Will the FOS see it like I do too ?

Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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If you are paying via Postal order, deduct the cost of the PO and stationary used to send it to them from the debt.

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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