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    • urm.. reasonably rare for lowells to buy an old BC debt. BC enforceable credit agreements are very rarely produced had you the chance to defend this, you most probably would have won.... but sadly that ship has sailed as a method of set aside. the fact a default roboclaim judgement has been granted where no human checks anything trumps that.   bottom line there a 2 chances to get the CCJ off your file...neither of which might ever work.   1. contact lowells and offer to pay the full amount IF they remove the CCJ from your records pleading that it will destroy your future in many ways. list them etc etc lay it on thick to make them do a goodwill gesture for you.   2. contact lowells with proof you were resident abroad at the time of the claim and had no idea this could happen, (though it is allowed sadly..re last known address) and ask if they will set aside the judgement FOC to you to give you the chance to defend the claim ...thus removing the CCJ.   3. you could pay £255 and raise an N244 set aside yourself but TBH as it stands i can't see a valid defence for the debt...you ran away..no excuses. unless there was a dispute or something with BC that made you think it's not owed.          
    • Sorry!  I'm new to this!   The card was a Barclaycard, but the debt has been taken over by Lowell Financial.  The CCJ was issued in May 2019, 3 years after I had left the country.  Not sure what other details you require, but this is pretty much all I know right now.   As I say, I don't really have an issue with the debt, I can sort that, but its the CCJ that is having such a detrimental effect, so I'd just like to know if others have had any joy in getting them quashed, and if so, on what grounds.    
    • Hi, thanks for the reply.   yes, I know the details from the Registry Trust and my credit file (now I’ve checked it!). Can’t remember when I took the card out, but it was last used end of 2015/ start 2016 ( I moved out of UK March 2016)
    • The difference with your situation and the Solicitors example is that a debt collector is not an harasser they do have a legitimate reason to ask you to pay their client. Here is an article by Citizens Advice-they are not always on the ball but here I feel they are reflecting the attitude of most Judges. What doesn't count as harassment by a creditor Not all action that a creditor takes can be called harassment. Creditors are allowed to take reasonable steps to get back the money you owe them. These include: sending reminders and demands for payment telephoning you to ask for payment calling at your home, as long as this is at a reasonable time of the day taking court action.   You are probably wasting your time going down that road. Concentrate on the errors in PCMs actions.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • 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
      • 1 reply
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Surely you should have choice of delivery co when ordering online


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This was an especially acute problem over Christmas with a lot of complaints on the Amazon website about my Hermes (different from the Hermes network) but this applies to most online sales companies. The issue is this: as a customer you have to pay postage (quite rightly) but get no choice of who is used and usually no visibility of which company before you’ve paid. So, most Amazon purchases are delivered by the cheapest, most unreliable form whose online tracking system is sheer fantasy and is acknowledged as such by many frustrated customers. A company that many would not choose to use is getting their money, paid under compulsion. I’ve asked the question (but received no reply, which makes me think that the answer is yes) as to whether 3rd party sellers on Amazon are obliged to use my Hermes to deliver. Customers on the Amazon website who appear to know the background say that my Hermes had to buy a tracking system if they wanted to get the Amazon contract but bought the cheapest, most unreliable one that had been rejected as totally unfit for purpose by other delivery companies.

It feels like a possible abuse of dominant market position, though of course that may be an unfortunate appearance not borne out by the facts. I think if CAG were to investigate they'd get to the bottom of it in a way that individuals can’t. I’d be prepared to put time into this.

A good result would be to have a transparent choice between at least 2 named companies (at different prices if necessary) on checkout when shopping online.

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As it is the sellers responsibility to get a purchase to the buyer in the time frame and other parameters outlined in the sale details it is not really in the buyers remit to specify carrier unless it is obvious you are paying for a particular service - for example Special Delivery.

 

If the item does not arrive, arrives in an unsatisfactory condition etc. it is the sellers responsibility to rectify matters with a refund or replacement. So when an item does not arrive or arrives smashed - chargeback. Vent you feelings on the social media sites and any forums you subscribe to. If enough do this then companies like Amazon might pay a bit more attention to the companies they use to move their goods.

 

Or better still do not buy from them - and tell them why!

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