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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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right this come out of my pay if my pay go down can this order be stop ,fill form in on debt line pay let over £26 month the court said the debt part my wife how this it my debt in come £1453 month pay out

£1431 so how do count work i can pay £100 month

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I dont quite understand what you are asking of us..

 

http://www.stepchange.org/Debtinformationandadvice/Whatyourcreditorscando/Courtaction/EnglandWalescourtaction/Attachmentofearnings.aspx?WT.srch=1&WT.mc_id=2501557&WT.seg_1=attachment%20of%20earnings%20calculator&gclid=CKmv27absb8CFcbKtAodc2wARg

 

The link above will take you to a calculator that will work out how much you should be asked to pay. Did you provide the court with an income and expenditure form ?

 

The following link gives advice on what you can do if you believe it is too much - you will need to scroll down for the information.

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/creditor_takes_money_from_your_wages.htm

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Attachment of earnings is a percentage of earnings and not a fixed amount:

 

 

Weekly Pay:

Net Weekly Earnings - Weekly Deductions - Deduction Rate

Not Exceeding £75 - Nil - 0%

Exceeding £75 but not exceeding £135 - £2.25 to £4.05 - 3%

Exceeding £135 but not exceeding £185 - £6.75 to £9.25 - 5%

Exceeding £185 but not exceeding £225 - £12.95 to £15.75 - 7%

Exceeding £225 but not exceeding £355 - £27.00 to £42.60 - 12%

Exceeding £355 but not exceeding £505 - £60.35 to £85.85 - 17%

Exceeding £505 - Minimum £85.85 - 17% in respect of the first £505 and 50% of the remainder

 

Monthly Pay: Net Monthly Earnings Monthly Deductions Deduction Rate

Not Exceeding £300 Nil 0%

Exceeding £300 but not exceeding £550 £9.00 to £16.50 3%

Exceeding £550 but not exceeding £740 £27.50 to £37.00 5%

Exceeding £740 but not exceeding £900 £51.80 to £63.00 7%

Exceeding £900 but not exceeding £1,420 £108.00 to £170.40 12%

Exceeding £1,420 but not exceeding £2,020 £241.40 to £343.40 17%

Exceeding £2,020 Minimum £343.40 17% in respect of the first £2,020 and 50% in respect of the remainder

Edited by Conniff
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all i can say the law looks after any think to do with banks it was the bank that got the country like is, not the workers ,all the bank around the world were bailed out by the government with taxes paid from the tax payers pocket they still got there jobs and there big Bonuses each year still some of us are still working hard to get right , i am in good mind to pack job in and go on the benefits i work 43 year and in real time done 62.5 years with all the over time i done

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Hi ladaniva

 

For you to be able to get better advice to assist you could I please ask if you could give us a brief summary of the events from the start till now (without any personal identifying information).

 

At present it is difficult to understand exactly what advice your looking for.

 

If you could help us out you will get advice to help you.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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