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    • Can you explain a little bit more about the delivery please. Somebody sent them to you – was it a retailer who sold them to you? If you have to claim against Hermes then if you declared only a £300 value then this is probably what you will have to settle for. You pay £95 shipping costs – that is extraordinarily high for Hermes. Can you explain why it was so expensive.   Have you made a formal claim to Hermes? And have they responded?
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    • I arranged the delivery of a set of drum kit wood shells with hermes, I booked directly online. They have told me the item is lost 70x50x55 cm box???   They asked me to fill in a claim form which I have done i declared a value of £300 for the parts sent and paid for extra cover. I had recently purchased the whole drum kit for £650 and shipping costs of £95.00 to get them to me.    After investigating the cost of replacing the shells, not a direct equivalent but similar, it will cost around £450.00 with delivery.   I want to get compensation over the £300, is that possible, i have informed them of the total loss with delivery costs, prior to shipping with Hermes as £745.   I am more than happy to go to the small claims court for the difference but would it be dismissed,   Should I go for the full cost of the loss or the cost of replacement shells only I have all the receipts for the drums and shipping costs prior to hermes losing my items.   I still have the remaining parts that a pretty much worthless now, unless i get a new set of drum shells.   Its probably going to to take ages, I've written to CEO of Hermes about my complaint as well just to cover all bases. Next stop will be the small claims court as i read they pull delay tactics and low offers.   They really didnt care and also didn't seem surprised when i spoke to a service agent.
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How can part of a debt be statute barred?


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The answer to this may be simple - but I doubt it, since the matter does not seem to have been cleared up anywhere else.

 

If a debt is being paid, even though that debt may date from (for arguments sake) 9 years ago, the debt is not statute barred if it came to enforcement. On that basis, should it not be legally possible to challenge the validity of that debt, where it included unlawful charges?

 

If that is accepted, is there a time limit on applying for a CCJ to be set aside?

 

 

That should get the law books twitching on this sunny Good Friday afternoon.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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A further development of this line of thinking (and a crafty way of bumping this back to the top without just bumping it!):

 

I can understand that with an open bank account, the transactions more than six years old may be statute barred.

 

However, a loan is a fixed contract - therefore surely the whole loan history is either within statute, or totally statute barred if the conditions are met.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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  • 2 weeks later...

from what i understand is that the 6 year rule will apply if no action on either part has taken place during this time.

 

i'm guessing that anything that falls within the last 6 years is still valid whilst anything prior would be statute barred.

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But taking that argument to it's logical conclusion, if a debt was built up over a few years - how can the earlier transactions be reclaimable, but not challengable?

 

For instance, if I took out a loan in 1998 - that loan is still in statute if I am making payments. How can it then be statute barred if I want to challenge the validity of that loan?

 

My point is that if a transaction in 1998 is enforceable for one party - it has to be challengable for the other.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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My point is that if a transaction in 1998 is enforceable for one party - it has to be challengable for the other.
I agree

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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  • 1 month later...

Hopefully im ok asking this question in this thread??!! just searching around as i persue my other possible claims and i came accross this thread..

I have an old debt with first direct, for about 3 k, this was made up from a loan and an overdraft on my account which i couldnt pay. A large percentage was charges added on when i stopped paying, probably half of it. I offered to pay £1 a week, to which they told me to get lost and so i told them to take me to court. That was about 3 years ago. I didnt hear from them again until recently as Ive since moved and obviously now Mr. Debt collector is sending me lovely letters. I havent even acknowledged these :-| i just keep thinking if they want to go to court then so be it...but seeing this thread and reading into it i may well have another way of challenging them? Am i right in thinking so? At least if nothing else it would halve the debt. Meant to add, the debt (loan) itself began in 1998...hence the reason for enquiring before the 6 year time limit..

12th May DPA sent to Natwest

17th May pre-lim sent £1241

26th May Full refund offered

27th May Accepted!!

on with next....

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Please note that this topic has not had any new posts for the last 5293 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

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