Jump to content

  • Tweets

  • Posts

  • Our picks

    • 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

Court Success Against Lowell/Mobile Phone Company

Please note that this topic has not had any new posts for the last 2209 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

Recommended Posts

Happy New Year To Me!!


Slightly misleading as no court time needed -

I had multiple mobile accounts which I stopped paying after informing them due to bad customer service

& failure to provide everything promised under contract or implied contract.


This they didn't like and each contract was apparently sent to a DCA etc - about £1000 in total maybe.


I had got into the habit of ignoring because I'm stubborn and righteous haha but



couple years later just before Christmas I was surprised to receive court papers for one of the accounts from infamous (on here) solicitors.


I stubbornly waited just until the deadline (as they do) to file a defence

and I just decided to go at it with full details to show that I wasn't messing/afraid and that I would be a great witness re the 51% threshold.



I know the normally better method is to be brief & hold back haha.

I also reserved the right to counterclaim re default defamation.


Today I was actually preparing to do a CPR document request but I've just received a discontinuation of claim :D :D :D out of the blue


I'm guessing/hoping this means the other accounts won't be acted upon?!


Should I bother asking them to remove the default as they've tacitly accepted my defence?


I know I'm being smug but im happy!!

Link to post
Share on other sites
I mean the accounts. Remember they would still exist after the case throw out.

Email Sara De Tute... Get it sorted...


As in write a letter to her at L? And demand that all the accounts be closed?


Should I ask for the defaults to be removed in the same letter for the same reason do you think?



Link to post
Share on other sites

They will almost certainly advise this was a commercial decision not to go ahead with the claim and refuse to remove the defaults :(

Have we helped you ...?         Please Donate button to the Consumer Action Group


Uploading documents to CAG ** Instructions **


Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first


1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read





2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS


Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.



Link to post
Share on other sites
They will almost certainly advise this was a commercial decision not to go ahead with the claim and refuse to remove the defaults :(


Yeah I assumed something like that :(


I think it's unfair of them because it wasn't a debt issue per se: I notified them first to say they were in breach of contract. I didn't owe money it's all the subsequent bills they thought I should still be paying.


On top of that though I had one 'account' where I dealt with multiple phone sub-accounts and though my termination reason covered them all they have applied multiple defaults.


They've certainly vexed me haha

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...