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    • Okay make sure that you understand the steps involved in taking a small claim in the County Court. Make sure that you are comfortable with the procedure. Draft a letter of claim and post it here. Letter of claim should simply give them 14 days to produce the new unit to you or else you will sue them. Point out that if you have to sue them that you will also claim for the storage fees of a useless cooker which has been declared as irreparable by the engineer. Do you have anything in writing that confirms that it is irreparable? If you do then you should enclose a copy of this with the letter of claim.
    • You have it in writing that they say that they obtained a signature? Do you have in writing that you were going to receive a full refund?
    • The first thing is that you only declared the value at £500. This is the maximum that you will be able to claim. If you had a look at some of the Hermes stories on the sub- forum, you will find at this point comes up again and again. I've already repeated very often that a contract is an exchange of reasonable expectations. They reasonably expect to receive a certain amount of money from you. You reasonably expect your parcel to be delivered. You declare a certain value for your parcel. They undertake to shoulder that risk as part of their contractual obligation. You can't declare a value of £500 and then later on say will actually you are carrying something of £800 – and then later on say well I made a mistake it's actually £1200. Also, I'm sorry to say that it's crazy that you are now saying that you only declared £500 because you didn't expected to be lost. Big Fail! You may as well say that you didn't bother to look both ways before you cross the road because you didn't expect to get hit by a car. Let's face it if you had realised that the parcel was going to get lost – would you have sent it at all? You might as well say "I sent the parcel to someone because I didn't expect it to get lost". It would be absurd if you said "I expected it to get lost, but I decided to send it anyway…" The fact of their insurance et cetera is neither here nor there. Once again, you haven't done the reading of the sub- forums because otherwise you would know this and you would understand the principles. I do understand fully that you've only just joined the forum and you may not have fully had time to understand exactly what is going on – but I'm afraid, in order to bring legal actions against someone, you have to be fully prepared and you have to understand the arguments that you are going to be making. You don't seem to have done that. We happy to help you is that you're going to have to put in some of your own time now to start reading up the principles. Understand the argument that the insurance is unfair because it is absurd to require you to insure yourself against the negligence or criminality of the service provider. You have paid them to do a job and they should do that job. They have accepted your parcel value £500 – and that is what they must pay you. There is no reason for you to accept anything less than £500 plus all the other costs that you incurred such as delivery or insurance costs et cetera – not to mention your court costs. This should be a red line and you should tell the mediator tomorrow that you won't accept anything less than £500 – the declared value, the courier fee, any insurance fee that you paid, plus all of your court costs. Did you claim interest? You should have done – but if you didn't you won't be able to add it on now.   Taking a small claim against a company like Hermes is really quite straightforward but you need to take a little care. Maybe you're going to tell us that you didn't bother to find out about the law involved because you didn't expect to have to bring the claim. Bravo!
    • I'm just starting to have a look at this A huge amount of what you put is totally unnecessary. Surely we can summarise this into a small enough paragraph to allow it to fit into the basic moneyclaim limit? Also, I don't know where you get the defamation stuff from. Leave it out. It lacks credibility, just complicates your life. Deal with one issue at a time More tomorrow
    • Here are the Particulars of Claim for the OD:   Name of the Claimant ? Hoist finance UK holdings   Date of issue – 05 May 2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>   The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.     The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this CCJ claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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Hi

 

I was hoping someone here would be able to advise me on what to do.

 

3 years ago I took out a loan with Wonga for £100, and despite thinking I had paid it off, it looks like I haven't. This was in Jan 2011, and I haven't heard anything until today when PRA contacted me.

 

PRA have put my account on hold for 14 days as I was adamant I had paid it back (back then I was very stupid and had so many loans which I only fully repaid at the end of last year). I have checked my bank account and the only thing that has come out is £53 in Jan 2011, which apparently is interest on the loan.

 

I moved address in November 2011 but I haven't received an email, call or letter from Wonga regarding this loan until PRA called today. So my memory of things is a little hazy. But PRA are wanting £166, which they can go whistle for. I'm more than happy to pay off what I owe, that's not an issue. But given I've already paid £53, and had no contact, I'm wondering what the best course of action to take would be?

 

Many thanks in advance :)

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So this dca have contacted you? Send a prove it letter. Its up to THEM to prove a debt exists. Not for you to prove it doesnt.

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..

 

 

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Stupidly I confirmed the loan existed, and they had all the dates and reference numbers. They want me to send a statement showing the payment I supposedly made (which I can't find, so assume I never made).

 

The original loan repayments would have been £127,so I feel I should only pay that minus the 53 that was taken off me...

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Does PRA own the debt? Or does wonga?

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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To clear up what happened, they rang my parents first (I have no idea why, I haven't lived there for 12 years, and they rang me to pass on the number of the guy that rang. I called that number (and 0151 number) where I stupidly confirmed my new address, phone number and email address. Largely because I thought the debt had been paid.

 

I admitted to having taken the loan, but told him that I was sure I paid. He said he'd put the account on hold for 14days so I could send in a statement. Something I have no intention of doing.

 

He also mentioned it was on my credit file, but I had access to that at the start of the year, and it wasn't on my file at that point.

 

I'm going to state that all communication is written, however I am not paying the £166 they are asking for. The loan was initially 100,with interest would be 127 and they took 53 in Jan 2011.

 

Any advice would be appreciated, and I hope this post clears a few things up

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OK. So first, theyve broken the DPA, by communicating personal info via a third party.

 

DOnt worry about the phone call and confirming anything. They just use it so they can harass you more. Unless things are in writing, they mean nothing. Calls only means something if they are recorded, and with DCA's and PDL's, that rarely ever happens.

 

Ignore the silly remark about your credit file. This is common rubbish that a lot of companies use to scare you into paying. If its on there and PRA have added it, not wonga, then they are in trouble.

 

What you want to do now, is keep all correspondance in writing, and ensure you demand a fully itemised breakdown of the amount they allege you owe. Make sure you refer to the account as the alleged account, and alleged amount. Dont refer to it as MY account. Not yet anyway.

Even better, would be to send them the Prove it letter from the CAG library.

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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Thank you :)

 

They did mention the call was recorded, but I'll take that with a pinch of salt.

 

Given that I confirmed the debt on the phone, won't they just reply to the prove it letter with something along the lines of "you've confirmed this on X date over the phone"? I can get that letter and the itemised one both done I suppose, I'm more than happy to push them on this.

 

I checked my credit file again today, and there's nothing there at all from wonga, so that's something at least!

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If you send the prove it letter, they are obliged to provide full and complete proof. They cant just fob you off and say " We told you over the phone". You are legally entitled to deal with your financial matters in writing, therefore they must provide proof upon request.

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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Having actually looked at the Prove it letter, it might not be suitable in this case. Unless the Prove letter will likely make them provide an itemised break down. What do you think about sending a CCA request with a specific amendment to ensure they send the credit arrangment and the break down?

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Hi

What is needed to comply with a CCA request is laid down in law so I can't see anypoint in asking for more under that. All they need to do is provide the current balance and agreement +T&C's

 

I can see no issue with asking them for a complete statement although they might write back and ask for £10 for a SAR request

Any opinion I give is from personal experience .

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