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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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
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      • 33 replies

MKDP Barclaycard debt - used CCA £1 for payment?Pulling a Fast One......


Guest Porkwellington

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Guest Porkwellington

Hello....

 

I think I''m being duped and am hoping you can advise on the following please.......

 

Back on March 26th last year I CCAd MKDP regarding an outstanding debt on my credit file...

 

Since then they have regularly written to say that they don't have the information and are liaising with the original creditor...

 

Today I received a letter headed

"Statement in relation to the below agreement governed by the consumer credit act 1974".

 

 

It lays out details of the debt under query with the addition of a transaction made on the 28/2/2014 of £1

- plus another transaction on 2/4/2014 entitled "miscellaneous charge" of £1.

 

That £1 can only be the fee related to the CCA letter.

 

Are they effectively trying to prove a tacit agreement and re-activate the account

- if so what steps should I take next?

 

 

My initial reaction was to send a letter pointing out their "mistake" but then decided to council your opinion first.

 

I've attached their letter and my CCA letter to make things a bit clearer... - which appear to have dropped off so added in later post...

 

Kind regards and thanks -

 

 

Andy

Edited by Porkwellington
atts rotated and shrunk - dx They seem to have dropped off - re added in later pos
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looks like it

 

 

but if they've no CCA they are stuffed anyway.

 

 

I'd be complaining about that

 

 

even if they took it backout again

as they appear to have done

it will have reset the SB date

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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You *MUST* issue a formal complaint that they have misappropriated your £1 for the CCA and applied it to the account.

 

 

You want that reversed immediatly and expunged form your transaction history.

 

Send a letter to their CEO recorded delivery. Keep proof of posting AND delivery.

 

Once you go through the procedure, refer to FCA and FOS

 

Reason being is that payment COULD be use din future to change the date the debt goes statute barred!!

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Guest Porkwellington

Thankyou for the replies and much appreciated....

 

In trying to gauge the tone of the missive I send back;

 

 

dx response was quite laid back

 

 

whereas the Sabre was certainly rattling and sounded pretty much affronted by the whole thing; going in really hard.... is it that bad?

 

My main concern was it's design to be a tacit acceptance of the agreement

- re payment thereof

- as well as the SB.

.. Though it isn't really asking for anything at all

- just a statement...

 

I've rotated, compressed and re attached the offending statement as it dropped off the first post altogether....

 

 

[ATTACH=CONFIG]55473[/ATTACH][ATTACH=CONFIG]55474[/ATTACH]

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don't think its worth complaining?

 

 

the only thing it might do is reset the SB date

 

 

but that can be brought up in court IF it ever gets that far.

 

 

ask them the question or give the FOS a ring?

 

 

does this reset the SB 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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Hi Porky,

 

Perhaps adopt a halfway approach, between DX's and SS's suggestions.

 

Simply reply to MKDP saying you are very concerned that payment made for a CCA request appears to have been credited to the account. Tell them you require such credits to be reversed immediately. But, before you do that ............

 

What level of debt are you dealing with here.

 

Is the a/c close to being SB'd.

 

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Guest Porkwellington

Thanks again for your response folks...

 

Slick; with regard to your specific questions... The sb date is july next year... The amount is between 5 and 10 k... Does that put a different Complexion on my reply?

 

Kind regards..... Andy

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Are you saying that there is a credit AND a debit for £1 so in effect they have credited it to your account and then reversed it?

This happened to me with another company however they did write to me saying that they had mistakenly credited my account and had reversed it (enough to keep a court happy)

Just make sure you keep all correspondence .

 

With a few minor exceptions I am a great believer in trying the reasonable approach first and if this does not get you anywhere make it a formal complaint followed by a FOS complaint. This in general puts you in a much better place that going in all guns blazing . Please remember that any communication must not accept liability for the debt so words like "the above account" as opposed to my account should be used.

 

The SB date in July 16? please be certain about that as SB is still a moot point to some. MKDP are, from what I hear a little trigger happy where litigation is concerned so ducks in a row is called for.

Any opinion I give is from personal experience .

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Guest Porkwellington

Hi Fletch

 

I sent the cca off on 26/3.... Today's letter had an account summary... First ive had... Which details 2 transactions;

28/3 cheque received - £1

2/4 miscellaneous charge £1

Implying activity on the account... I've included a copy of the paperwork a couple of posts back...

 

Thanks for your interest and what do you think... Is this fairly common practice? How would it look in court?

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Guest Porkwellington

Hi Fletch

 

I sent the cca off on 26/3.... Today's letter had an account summary... First ive had... Which details 2 transactions;

28/3 cheque received - £1

2/4 miscellaneous charge £1

Implying activity on the account... I've included a copy of the paperwork a couple of posts back...

 

Thanks for your interest and what do you think... Is this fairly common practice? How would it look in court?

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I think it shows that they credited the £1 in error but a letter of admission wouldn't go amiss. I would still write telling them that you CCA'd AG and did not get a reply

 

Have a read of http://fshandbook.info/FS/html/handbook/CONC/13/1

I think that explains it

 

Yes from what I hear it is fairly common practise , incompetence or deceit , I could not possibly comment .

 

Activity as such doesn't really matter , it is a payment or acknowledgement that does so you can suggest (better if you can prove) that they made a mistake and applied you CCA fee to the accouint

Any opinion I give is from personal experience .

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Guest Porkwellington

Thankyou for all your advice - will have a read, write and let you know what the outcome is....

 

It could be a genuine mistake - rather inept - retrofitting the reason for the transaction "miscellaneous charges" around the transaction "cheque received" without issuing a statement/invoice seems a rather odd way to cover it up.... Surely they must know how to handle a CCA payment by now!

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Hi Porky,

 

As this is a way off from being SB'd, I agree with the action suggested by Fletch in post #8 above.

 

Address the issue of the £1 incorrectly credited for now.

 

:-)

We could do with some help from you

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