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    • January 2020 - Paid a deposit of £1K and signed contract for wedding which was scheduled to be July 2020 March 2020 - They asked me to pay another £2K despite me emailing them my concern about the wedding not going ahead but they threatened me that I would be in breach of their contract. So I had to pay.  May 2020 we received an email from them telling us we can either rebook or face cancellation charges as per contract - these are 50% of total venue hire if cancelled within 9 months or 95% of total venue hire if cancelled within 6 months. the total venue hire cost was £6700. Under pressure, I chose to rebook because I did not want to lose 95% and they did not give me an option of a refund. They gave me very specific restrictions in which I could rebook the new date e.g in peak season between April 2021 to October 2021 and only on a sunday. Additionally they increased the price to book for the year 2021 by £200 bringing the total cost to £6900 June 2020 they send me a variation agreement for the change of date which they forced me to sign otherwise I would lose the new date I had agreed which was July 2021.  November 2020 I sent an email that I should be offered a refund as opposed to reschedule. They declined and I sent a solicitor letter giving them 7 days to return the money. They then responded with another solicitor letter refusing and told me that I owe them another 2k as part of the next instalment otherwise I would be in breach of their contract I wrote back to the solicitor that I was seeking legal advice but I have made it clear that I can no longer go ahead with wedding and do not owe further payments.  I should add that when I stated that my contract was frustrated they told me I only made a room hire and this does not include number of guests despite it stating on their contract "up to 500 guests". I wanted to claim back the 3K that I have given them and I am also afraid they will ask for more money as they will claim I am in breach of their contract. 
    • If it happens – then it will happen at the mediation negotiation where personal they will try to knock you down to reduce the value of the claim. They will try to withhold your court expenses and at the end they will try to say that they will pay the money on condition that you agree not to say anything about the mediation process that you have been through. It's up to you whether you want to stand your ground and tell them no on all counts and that you will go to court – or if you want to compromise either on the gagging agreement or even on the amount of money that you are seeking. I think they have no grounds for forcing you to do anything. I think your position is very comfortable
    • i have moved you to the postal forum.   there are 100's of claim s here. most succeed   Postal and Delivery Services - Consumer Action Group   .  
    • I have already filled in the qquestionnaire and asked for it to be in a court near me. Sent it off a week or so ago. The questionnaire they have filled in and sent today - this is where I have seen they have agreed to mediation and requested the hearing to be near them. There was no mention of gagging?   I assume from this post I just need to read about mediation...  
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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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    • 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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Erudio and final FOS decision - now drydens PAP Letter


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I've just been sending them that template letter that's been floating about along with a letter

and 3 payslips from my employer as I'm well below the threshold.

I've always deferred so they fortunately haven't got my bank details.

 

I've received a couple of arrears letters including another as one telling me to only sign section 9 of the form.

I've just sent them another back which is a mix of the template

and saying how can I be in arrears when I'm under the threshold and have proven so.

 

Also I received a phone call today from their call centre on my mobile.

I have never given my mobile number to the SLC or them.

how did they get my number?

 

I'm not signing their form, I don't earn enough and have proven so.

 

The whole thing stinks and also cheers to the people on these forums and elsewhere who are providing help and info.

It's much appreciated in a world that cares more about money than people.

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scouring your credit file probably

 

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...

Thought I'd reply to this thread as I mentioned I was sending a letter

saying I shouldn't be in arrears as I've proven I'm under the threshold.

 

Well Erudio has wrote back saying that they are sorry to learn of my concerns (yeah right)

and that they are investigating the issues I've raised and they'll be in touch within 8 weeks.

 

Will be interesting in what they say and I'll update this thread once I find out.

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plong979

If Erudio didn't say already,

get them to confirm in writing that all collection activity on your account will be put on hold

while they 'investigate' your complaint, otherwise there's a good chance

they'll add more arrears over the 8 weeks!

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  • 1 month later...

Update: Received another letter last week,

 

saying they are still investigating my complaint (what's to investigate, I'm under the threshold!),

 

and that they should have an answer in 4 weeks.

 

And then...

 

Today,

 

I received a deferment pack with the new form which looks suspiciously like the old one.

 

Even the mandatory DD threat is on it.

 

Obviously not filling it out or replying to this letter as I'll wait for the outcome of the investigation.

 

Absolute joke.

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Well they got back in touch and surprise surprise, because I haven't signed their form I won't be deferred.

 

They kindly gave me an Ombudsman leaflet if I am dissatisfied with their verdict.

So looks like I'm putting in complaint.

 

Fun times.

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  • 2 weeks later...

Ombudsman form help...

 

Complaint box is restrictive, I'm running out of the space!

 

So should I just keep it straight to the point and just included copies all my letters I've sent and received from Erudio?

 

Also should I put a copy of the deferment form?

 

Finally, what date should I put for the "When did the advice, service or transavtion you're complaining about take place?" - my first deferment refusal letter or the arrears letter?

 

Just don't want to miss anything

Edited by plong979
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use bullet points

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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use bullet points

 

Managed to fit it all in! Just under 250 words. I'll include copies of my communications and double check before positing it off this week.

Edited by plong979
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don't forget

there is nothing wrong with using a cheap penstick

or

burn stuff to a CD and send that along.

 

rather than a large, heavy & costly by postage env

 

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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Didn't know that.

Should be ok this time, but I'll see when I've got it all together,

 

I'll actually take out the comm timeline and just print it out on a separate piece of paper and attach it to the letters.

Should free up some space to make sure I've not left out anything I want to say.

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I have often found it beneficial

 

to simply use one sole point as the basis of your complaint,

then within the CD you send

include a bullet pointed document of further info

upon the way you have been treated./ issues related.

 

if you make the initial complaint too wide ranging and encompassing

it often detracts upon 'what' you are complaining about.

 

short and very very simple and easy to comprehend is by far the better way

 

if they want to 'delve' further

give them the info and pointers to be able do so easily elsewhere

 

let then do the investigating the way want too, not direct them to what you want them to investigate

other than your 'focal' point

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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Is this ok for the complaint section?

 

I have been refused deferment from my student loans and had arrears put on the account even though I sent a declaration letter along with one from my employer, including 3 payslips informing Erudio I will not earn over the payment threshold. This was acceptable for deferment when the Student Loan Company (SLC) was the holder of the loan and I believe the only information that you are required by law to give them:

 

• Name and current address

• Proof of income for the month prior to the expiration of the current period of deferment

• You may also be required to sign a statement that, to the best of your knowledge, your monthly income for the next 3 months is unlikely to exceed the threshold amount to qualify you for deferment of the loan for a 12 month period.

 

Then attach the letter communications I've been having.

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Ombudsman form help...

 

Complaint box is restrictive, I'm running out of the space!

 

So should I just keep it straight to the point and just included copies all my letters I've sent and received from Erudio?

 

Also should I put a copy of the deferment form?

 

Finally, what date should I put for the "When did the advice, service or transavtion you're complaining about take place?" - my first deferment refusal letter or the arrears letter?

 

Just don't want to miss anything

 

I used a cover letter with the FOS form.

That little box was way too small.

Just wrote in it that my complaint was in separate letter

- see attached. They accepted that.

 

I have read on another forum that the FOS have got back to someone with this:

 

'haven't been back to this thread for a while but I thought I'd update as

I had a call from the Financial Ombudsman to discuss my complaint (which I made back in June).

 

They told me that Erudio are allowed to report our pre-1998 loans to credit reference companies as a 'repayment holiday',

but that this shouldn't have a negative effect on our credit scores.

He said that the older loan agreements allowed the Student Loan company to do this,

but that they just chose not to.

 

They are going to ask Erudio to send me the copies of my loan agreements

and confirm that I am deferred (I am assuming that I am,

but have had contradictory letters from them about this).

 

The guy I spoke to on the phone was sympathetic,

he implied that he thought their tactics were immoral but, unfortunately, legal.'

 

So it looks like the FOS ain't gonna be much help on the CRA reporting issue!

Although you have to laugh when we are told being on 'payment holiday' will not affect our credit score !

Although Would you believe anything Erudio claimed at this point!?!?

 

:(

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Right I'll just put what I did in the previous post and add an attachment of the letters I've received and sent and see what happens.

 

If they want more info then they can email or write to me.

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not surprised

the FOS rarely get involved in CRA stuff

same as charges reclaiming

 

 

the ICO are who should be targeted about this.

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...

Also received another arrears letter yesterday when I returned from work,

 

same as the previous 2 but with an increased amount.

 

But since my FOS complaint has now been sent,

 

I'll just file it away as

 

I am not paying arrears when I've proven to be under the threshold so they can jog on.

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  • 3 months later...

the FOS have replied to my complaint,

surprise surprise they are telling me to complete the DAF form

and I'll get £50 and cancelled arrears as reward.

 

I am not accepting this and will be telling them so,

along with the fact that it's been reported people have been deferred without using their form.

 

I am never signing their form ever and they can keep on adding arrears etc.

and every deferment period i will send the same info, letter and 3 payslips until my years are up and then done.

 

They can go and run and jump off the nearest bridge.

 

EDIT: Just adding what they wrote about the DAF

 

Regarding your concerns as to the completion of the DAF,

I would advise that if the completion of this is required by the business in order to defer the loan

then you will need to do so.

 

We are unable to tell the business what procedures it should have in place or it should defer the loan without it.

 

I do not consider the form too onerous and whilst you say it asks you to provide information that is not required,

in its letter of 1 July 2014, Erudio confirmed what sections you need to complete and these relate to income details.

 

Yeah payslips and an employment letter along with a declaration obviously doesn't give them enough details about income.

Edited by plong979
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good on ya!

 

 

funny how arrows have been told otherwise about their forms!!

 

 

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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My response to the adjudicator...

 

I am afraid I cannot accept this offer as I don’t agree with it. As a result I wish for my complaint to be escalated to the Ombudsman.

 

You state that the DAF needs to be completed as it is required by the business, however I have read reports that people have been deferred without using their form. I also believe there is also a court case regarding this scheduled for 6th March 2015.

 

You also stated that the business only wanted me to fill in only the income section of the form, so, how is it that 3 payslips and an employment letter from my employee, along with my declaration doesn't give them enough details about income? I have fulfilled the terms and conditions of which I am bound by so I am fully in my legal right to be deferred as there is nothing in the legislation telling me I have to use their form.

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Erudio back down on DAF when lawyer gets on the case:

 

From the lawyer involved:

 

'Erudio have granted deferment to my client without having to complete the DAF, as they have now done for other clients.

 

As to the hearing on 6 March, there only remains the issue of costs.

 

Erudio said they would only pay costs if my client would agree to a confidentiality clause,

 

but my client refuses to be gagged by them.

 

We will seek costs on 6 March if they don't pay before.

 

As to the issue about an unfair relationship,

with Erudio having granted the deferment without my client completing a DAF

there was a danger in pursuing this point that the court might say the unfairness had been removed (at this point in time)

and my client did not want to face a costs risk in this respect.

 

However, I suspect the issue of an unfair relationship might rear its head again

when the new DAF is published if it goes further than it should.'

 

Plong979 I still don't think the FOS are gonna be much help

but it does not matter anyway as we see Erudio acting like the paper tiger that they are:)

 

No need for a DAF, just show your income like you did with the SLC.

 

My complaint is at ombudsman level and will prob take another 6 months which takes me into a new deferment year.

 

Still not heard back from erudio about their illegal credit search on my account

or my desist telling me I am in arrears when I have met loan conditions.

They must be busy.....

 

Don't stop fighting

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  • 3 months later...

Thought I'd start my own thread as the real Ombudsman got back with their final decision:

  • remove Mr L's arrears, as if Mr L's new deferral period started on the 15 May 2014, immediately after the previous deferral period ended and amend its records to reflect this.

 

  • remove any adverse information it may have registered on Mr L's credit file since 2014

 

  • pay Mr L £50 for the distress caused.

same as before. So what are my options now?

 

Really don't want to sign their form or have anything to do with them as they are sharks

and I don't believe crossing out bits of the form well do anything as they'll just cry ignorance if they do anything underhand.

 

Also as this has now entered 2015 deferment period won't they just stick arrears on my again

and I'll have to do it all again?

I did send another letter and payslips again this year just in case,

they haven't responded, probably due to the FOS complaint in progress.

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