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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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Cabot/Restons claimform - old Cap one debt***Claim Discontinued***


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Where is says "The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied." Do i put in the amount they are claiming where the x is?

 

 

Thank you so much for your help, i know i have messed this all up. I will send off the CCA request to Cabot in the morning

 

 

Linzi x

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the total they are claiming

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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Have you submitted your defence now ?

 

It is for Cabot to provide proof that it isn't.

 

If you receive any communication from them or their solicitor, can you let us know IMMEDIATELY we can then help further.

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Hello citzenB,

Yes I submitted my defence last night, I went the statute barred route.

 

Hopefully they don't have anything to prove it isn't,

 

 

I'm guessing if they told me on the phone it was due to be sb'd in August this is why they have done the claim now.

 

 

I am sure if i did send the £1 payment to them it would have been close to this time from the little bit of paperwork i have,

 

 

so could have just been a tactic they use to try and put people off defending the claim.

 

Thank you for all your help,

 

 

I will let you know as soon as I hear from them.

 

 

Linzi x

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don't forget the CCA request to cabot now

 

 

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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  • 2 weeks later...

restonssbletter_zpsbbc93341.jpg

 

 

Hello i have just received the above letter from Restons and I am not sure what to do. I thought it was up to them to prove it isn't statute barred, not up to me to prove it is? And surely if they had this evidence they would be pushing on with the court case not giving me two weeks to prove why it is SB?

Do I reply? and if i do...what would i say to them? Still not heard back from cabot regarding the CCA yet.

 

Thanks in advance

 

Linzi x

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Hello i have just received the above letter from Restons and I am not sure what to do. I thought it was up to them to prove it isn't statute barred, not up to me to prove it is? And surely if they had this evidence they would be pushing on with the court case not giving me two weeks to prove why it is SB?

Do I reply? and if i do...what would i say to them? Still not heard back from cabot regarding the CCA yet.

 

Thanks in advance

 

Linzi x

 

Ignore Linzi..it is for them to provide evidence to the contrary ...not you.

 

Regards

 

Andy

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usual crap from rectums.

 

 

you cant do that - its not allowed under our rules

how dare you contest one of our speculative claims...

 

 

we were hoping for a default uncontested judgement

like all the rest we get.

this isn't fair..stop upsetting our money making machine

our holidays are coming po and need to be paid for......

 

 

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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  • 3 months later...

Hello all, it has been a long time but after ignoring all their requests for me to prove the account was statute barred,

 

 

the claim has finally been discontinued :wink:

 

 

I had a Notice of Discontinuance today and they are now closing their file.

 

 

I am hoping this means there will be no more claims started against this debt now.

 

 

A big thank you everyone who helped me and I hope this post may help someone else in the future :whoo:

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Excellent news Linzi...delighted that this has been resolved.Check with the court that they have received same.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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haha rectums shafted again

 

 

well done!

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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