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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!
       
       
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    • 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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      • 33 replies

Defaults and getting a better understanding ?


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Hi, I am new here but been reading a lot of helpful info and thought id post my own question for clarification.

 

I have a default on my account ... (as is the way when you are young and stupid ) anyway it is about to close and drop off my file this month and next.

 

I read here that accounts drop off after the last listed default.

 

 

There is one account i have default registered 2008

- first one but there is a debt collectors agency registering a default somehow

... last year

... i am viewing this via a credit report that gives the monthly status of the account and goes back a number of years.

 

 

I have not tampered with this account i have not given reason for them to move things or the clock to start ticking again ..

 

My question is .

. that default they registered last year ..

. does it start the clock again on it or does it go off the original ..

 

thanks in advance for reading my blurb and apologies if this isn't in the right forum .

 

 

.. kinda lost on navigation.

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Hi and welcome to CAG

 

The important date is the original default date which was in 2008. Once a debt is sold, the new owner replaces the original creditor with their own name however, the original default date must stay the same. They are allowed to update you file on a monthly basis and place the date of that update but nothing more.

 

If they have changed the original date to a more recent one then that is grounds for complaint.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the Reply! :-D

 

Well, The drop off date is next month .

.. it actually states this on the credit report.

 

 

But on the side panel - i use check my file.

 

 

There is the monthly update of the account that that agency holds for you and

 

 

i noticed that they listed it as Default this time Last year.

 

 

I will wait till the end of the year and if it hasn't dropped off, then yes you are right i will file a complaint.

 

Cheers on the input, much appreciated!

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All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

 

 

..............

 

 

ignore the monthly 'markers' they are not important.

 

 

its the defaulted date in the debt summary line that triggers the above.

 

 

NOTHING or no-one can change that date.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thats very good news!

 

I will request a CCA i think,

 

 

since this debt was back from when i was 18 and a student

even the most organised people don't keep quite so many details that far back ...

 

 

maybe i should have but i wouldn't know where to start now.

 

 

The CCA agreement will then state what .

 

 

. how long they may challenge me for the debt .

 

 

. does this count even though its been sold on ?

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to enforce a debt

whomever 'owns' the debt now

MUST hold an enforceable signed agreement.

 

 

esp if the credit was taken out prior to Apr 2007

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they must have it to do anything

 

 

CCA them.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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