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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

BW/Lowell claimform - old CapitalOne 'debt'***Claim Discontinued***


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They caused me a lot of sleepless nights. I'll be glad to see the back of them when court confirmation is received. Thanks to all who have helped me along the way. Andy & site team are up for sainthood I tell you

I don't think the court send you anything in the post to confirm it's discontinued (I've never received anything from a discontinued case) so you'll have to ring them to confirm. What I normally do is email the court a copy just so its on record in case claimant has mislaid their copy to the court.

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I emailed the court and asked them to confirm receipt of a Notice of Discontinuance by Weightmans/Cabot in my case and they answered confirming. At least it means that you have it in writing from NBCC as well

 

 

MRC

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I emailed the court and asked them to confirm receipt of a Notice of Discontinuance by Weightmans/Cabot in my case and they answered confirming. At least it means that you have it in writing from NBCC as well

 

 

MRC

 

That's excellent news :)

thank you to all knowledgeable people on this site who give their time freely to help

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