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    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
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    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
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    • Hi Toum   We really need more info, like :-   Nature of the goods you were expecting to be delivered. What does the seller have to say about the failed deliveries and the delivery with missing content. Are there still items you can track which may be delivered.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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/nolans - ordinary cause - old Citi Card debt *WON ABSOLVITOR ISSUED** now chasing again!!


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I received ANOTHER Ordinary cause action yesterday. ( am in the middle of defending an Ordinary cause from Y+K already)

 

This time from Nolans, on behalf of Cabot who have bought the debt from Opus (haven't heard of them until now) who were assigned this card from Citi. And along this 'chain of command' I've not had any notice of assignment etc...

 

I'll be defending this one too, in the same way, but quick question - it is nearly 5 years since I had dealings with Citi, and Nolans states in their letter/writ that ALL correspondence must go thru them. I will need to SAR and CCA for this card, and I know that the SAR usually goes to the initial lender, but in this case, as they seemed so insistent that all correspondence go thru them, should I just SAR Nolans??

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DSAR goes to the OC Stress...anything in connection with the claim ...Nolans.

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  • 4 years later...

I have an old debt

- it has been statute barred for a couple of years now.

OC was Citi, I think, but they doubled my interest rate overnight, even though I was paying faithfully every month, so I decided to stop paying and challenge validity of the contract. They are now referring to it is 'Opus', and not 'Citi' but I was never informed about a change of name or reassignment of the debt.

 

Cabot started sending letters

- first letter stated I had pad £0.24p and it was now time for me to start paying the rest. 

They are also calling me on my mobile

- a number they never had,

as I've never had calls from them on this before

- I changed my number to avoid their calls.

 

They are also texting. - stating things like 'it has been 14 days and you haven't been in touch' - it was only a few days.

 

When they first called me I answered,

from the car,

and acknowledged who I was

- not thinking I needed to be on my guard,

as they should not have had my number,

and they've been calling and writing since

- been about 2 months now.  S

 

trangely, it seems that now every single call ALWAYS goes direct to voicemail

- with their usual recorded message.


Now they are threatening to send a doorstep collector.

I don't mind this

- I'll knock him on his back,

after pointing out the error of his ways,

with respect to The Prescription and Limitation (Scotland) Act 1973...

 

But, I was wondering if I should just let them crack on and waste their time and money,

or if I should just head them off at the pass by sending the statute barred letter...?

Or whether I should send a SAR to find out how they got my number...?

Any advice would be greatly received - many thanks in advance.

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  • dx100uk changed the title to Cabot chasing citi card debt - now statute barred

is this the same card they tried the ordinary cause on?

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 hours ago, dx100uk said:

is this the same card they tried the ordinary cause on?

Hi DX,

 

without going thru tons of paperwork and stuff, I am not sure, to be honest. But I don't think so.

 

Does that make the outcome/course of action different?

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yes

 

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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yes it could get interesting

 

can you findout please

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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DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.
 

Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party

 

As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016.

What should I do with them now?

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  • dx100uk changed the title to cabot/nolans - ordinary cause - old Citi Card debt *WON ABSOLVITOR ISSUED** now chasing again!!

send cabot a copy of the absolvitor

remind them that should you hear from them again

you will have no hesitation in contacting the sheriffs clerk and raising a costs order without further notification.

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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  • 1 month later...

DX - quick update and question...

Still waiting for the lawyer to get me stuff from his archives to send to Cabot.

They are still calling, writing, texting, and now, I guess having trawled social media, have called on my business line - a freephone number, no less... Are they allowed to contact people through their place of work?

I know the simplest thing is to just send them the absolvitor stuff, and head them off at the pass, but they've really annoyed me now.

 

Is there anything else I can do that would shut them up a bit?

Should I send a SAR letter, or FOI request, to find out what info they have on me and where they obtained this info?

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please don't swear..

 

you should be able to download the result of the case from the court website.

 

ideally they shouldn't no be contacting work numbers but i'd suggest you are a sole trader?

 

there is no harm at all in talking to them, go thru the security questions , take them for a ride it will only take 5 mins.

let them read the notes on the case, i'e ...have you got my notes regarding my debt in front of you?

can you see there was a court case?

what was the outcome?

 

the penny will drop soon enough.

once the operator has found that.

ask for FURTHER ENTRY TO BE MADE FOR YOU...

 

 

that should you hear again from cabot by any method , you will immediately be informing sheriff xxx of court xxx to repone the case and seek financial conpensation for harassment against cabot. am I making myself clear.

 

don't swear keep your cool

let them trip themselves up.

 

 

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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