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    • Appears to me that the school will evidence that there was a contract in place as you paid for several years of schooling.  There is then a period when you were unable to pay the school fees and the argument is about the performance of the contract. Because the school could not provide the education services in the normal way, they will have provided adapted service, with remote teaching being provided using online video and electronically providing course work.          
    • 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.  
    • Shares in Meituan slumped after its boss reportedly shared, then deleted, a Tang dynasty poem. View the full article
    • 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 @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!
       
       
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so does anyone know if CDUK are legit?....

 

they are chasing me for £275 for early cancellation of an 18 month BT contract, which i cancelled after 12 months due to moving out of the property. BT claimed they have requested payment numerous times but they havent. I got an email out of the blue from CDUK saying they wanted £275.

 

I am thinking about just paying it because i dont want the hassle......despite it seeming really unfair.....but i also dont want to be ripped of by [problematic]....

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so does anyone know if CDUK are legit?....

 

they are chasing me for £275 for early cancellation of an 18 month BT contract, which i cancelled after 12 months due to moving out of the property. BT claimed they have requested payment numerous times but they havent. I got an email out of the blue from CDUK saying they wanted £275.

 

I am thinking about just paying it because i dont want the hassle......despite it seeming really unfair.....but i also dont want to be ripped of by [problematic]....

 

I can say in my case I got the email back in may but I challenged BT due to various issues I had with them. I also challenged CDUK and never got any sort of letter from them or nothing. Your circumstances might be different but that what I had with them. Completely nothing

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thanks for the reply.....

 

Do you think I should try and dispute it with BT then? or contact CDUK?

 

I'm just reading some of the posts on here that question whether or not CDUK are even licenced to carry out debt recovery. The address they are using is for a property i moved out of in 2014, and not even the property i had my last BT account with. So I'm confused.

 

I can afford to pay the debt no problem, i just dont want to if its not 100% legit, and i'm not sure it is....

Edited by UncleBen1981
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pers I'd ignore them

 

 

a dca is not a bailiff

and has no such legal powers

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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Why would you want to entertain a powerless DCA?

 

The issue is with BT not some toothless tin pot DCA.

 

Ignore CDUK entirely, if it bothers you then don't even read their computer generated drivel, just file it under ignore.

 

The debt is most likely full of BT's charges, and you have to ask yourself, if they really wanted it, then why would they farm it out to some puerile third party to collect and take their cut out of it, forget it.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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wow....interesting responses.....much appreciated..

 

they've been phoning me a fair bit recently too.....which is annoying....

 

is there any way I can find out exactly what powers they have?.......my main concern was having a pair of meat heads turn up on my doorstep one morning......i'm not so concerned about my credit rating as apart from this I've never had any kind of debt issues.....

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The following paragraph will tell you exactly what 'powers' they have,

 

 

 

 

 

 

 

 

 

So now you know. They have absolutely ZERO powers to do anything, as for a couple of 'meat heads' turning up on your doorstep, er, I think you've been watching too many documentaries on CH5.

 

DCA's are NOT bailiffs, nor will they ever be, next doors cat has much more legal power to be on your property than any unsolicited stranger, treat them the same as you would a gypsy selling wooden pegs.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Honestly, there is zero they can do, less for sending out puerile missives, and harassing phonecalls, which you should document with a view of reporting them to the police for the criminal offence of harassment.

There is also a telephone harassment letter you can send the clowns, to put them on strict notice.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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excellent....

 

so i'm guessing i've managed to dodge the utterly ridiculous £220 early cancellation fee from BT?......if they have sold the debt to CDUK as they've said then I assume they are happy, and if CDUK have no powers to recover the debt then the debt is virtually non-existent now?

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Not non existent no. And highly likely to be enforceable if they wish to pursue it.

 

What I mean is that unless they have sold it, then the DCA is powerless to act, IF they have flogged it, then the DCA 'could' take legal action.

 

The best form of defence is attack, communicate with BT and find out what is early cancellation fees and charges then make them an offer to pay what you physically owe, if you left early for whatever reason then ignoring them won't help, you need to talk to them, IN WRITING only, never discuss financial issues over the phone, keep a diary of events.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I've just logged into my old BT account and i still have the option of paying the original £220 outstanding debt on there. Would you think it best for me to just pay BT off and hope CDUK will go away?....

 

or might that leave me with BT being paid off and CDUK still chasing?

 

tough call......

 

thanks for the advice......

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East call,

 

Pay off the BT, ''if'' that is what you owe?

 

IGNORE CDUK, you owe them nowt, once you have satisfied BT, you owe no-one anything, and CDUK can chase all they want.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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own thread created.

 

 

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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whats the debt all about

old landline bill

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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aha sorry early cancellation charge

 

 

that's extortionate at £220.

 

 

think you need to check that out properly.

 

 

did you inform bt you were moving or whatever?

 

 

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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I rang them to tell them that I will be moving out of the property at short notice - as it genuinely was. They asked if I could transfer the account to my next address, I said I couldn't because my girlfriend already has an account with Virgin.

 

They have itemized it as:

 

£143.18 in unpaid bills (even though I was completely up to date with payments).

£76.82 for line rental and broadband up to the end of contract.

 

I have just tried to pay it on the BT website and although it says i have £220 outstanding, when I go to the Make A Payment screen and try to pay it, it says the payment amount exceeds the outstanding bill.

 

Guess it really does just sit with CDUK now.

 

As an aside I am really surprised that i can't find much in the way of similar instances on the internet.....I thought I would find an abundance of info on CDUK but it really seems quite sparse and flimsy.

 

I've been advised everything from 'ignore it, they'll just go away', to 'pay it ASAP because they will just keep increasing the amount you owe and you'll have to pay it eventually'....

 

I probably should've just paid the £220 in the first instance, but I thought it was such a cheek to charge me that kind of money just for simply terminating a service. I expected some kind of early cancellation fee, but £220 is completely unfair.

 

And like I said, BT claim they contacted me numerous times about it, but they haven't. I received no warning of their intention to hand the debt on to a debt recovery agency. I just received an email of notification with a 25% increase.

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well they prob wrote to the old address knowing bt

id certainly not pay that amount

and certainly never to a no powers DCa

they are not bailiffs...end of.

 

 

is your credit file trashed?

 

 

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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is your credit file trashed?

 

 

dx

 

 

I'm pretty sure i have a very strong credit rating. I've never had any problems with this kind of thing in the past. Any time i have used a credit card or overdraft I have paid it off timely and efficiently. I have no debts.

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so this debt is not on your credit file

and

the old address it relates too is showing in linked addresses?

 

 

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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I'm not sure if the debt is on my credit file, how would I find that out?....

 

 

 

I moved from property A (that the CDUK quotes) to property B (where i kept/had a new account with BT - which I initially thought the debt related to).

 

 

Then I moved out of property B at short notice to property C (where I live now).

 

Now I get this email....which in my eyes, seems to relate to property B.....but quotes the address of property A.

 

sorry about this....it all sounds a bit messy, but its down to BT being rubbish....

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creditfiles are in my sig below

 

 

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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I wouldn't believe anything on MSE website IMO.

 

If your scared of them dipping into your account, which they don't, then send experian £2 for a hard copy.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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