Jump to content



  • Tweets

  • Posts

    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
    • No we haven’t mentioned divorce yet The fair split is I give him half the equity and anything he wants to take from the house  I just feel he is now being unreasonable because I won’t change my mind and take him back 
    • Hi.   Have you spoken to a divorce lawyer or has your husband? Trying to look at this from the outside, it sounds as if it would be better to agree a fair split according to divorce law rather than deciding between you.   Sadly, once money becomes involved things can become more complicated, but I'd have thought a divorce lawyer would be able to advise.   ETA: Here's some advice from the government.   HB
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
    • 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
      • 33 replies

Secured Picture Loan who sold it to Webb who sold to Idem - Repossesion hearing


Please note that this topic has not had any new posts for the last 1736 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 117
  • Created
  • Last Reply

Top Posters In This Topic

How much did you show as being left over in Step 5 on the budget sheet ?

 

My outgoings are pretty much rounded up anyway such as £100 for this or £60 for that , no £24.99 etc so easy enough to calculate plus my other creditors are getting £1 each as Idem argued against this last year when I was paying a car loan at £40 per month.

I still have a payment outstanding for my first lender but that will be cleared the end of this week so I have conformation from them of the payment arrangement. I have notified Idem previously of mortgage arrears from first lender but it falls on deaf ears.

Link to post
Share on other sites

OK, we need to get the statement for court finalised - I can do that this afternoon - are you able to personally hand it in to the court office tomorrow ? most court offices open at 10 and close at 2

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Affixed is the statement forcourt :

At the top of the statement (inthe boxes) Enter the case number etcwhere I have put xxx’s (obviously remove the xx’s), you will find the information you need on thecourt papers you received.

Make sure it all fits on one pagewhen you print it out.

Print out another budget sheetand affix to the statement – write the case number on the top of the budgetsheet.

Hand it in personally to thecourt and ask the counter staff if there are any duty legal reps at court onthe day of your hearing – if so, get to the court early on the day and approachthem to ask for guidance. They can comein to the hearing with you and support your case.

You will need to take two morecopies of the statement and budget sheet along to the court hearing – one foryou to refer to in the hearing and a spare one.

JJ69 Statement for Repo Hearing.doc

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites
Affixed is the statement forcourt :

At the top of the statement (inthe boxes) Enter the case number etcwhere I have put xxx’s (obviously remove the xx’s), you will find the information you need on thecourt papers you received.

Make sure it all fits on one pagewhen you print it out.

Print out another budget sheetand affix to the statement – write the case number on the top of the budgetsheet.

Hand it in personally to thecourt and ask the counter staff if there are any duty legal reps at court onthe day of your hearing – if so, get to the court early on the day and approachthem to ask for guidance. They can comein to the hearing with you and support your case.

You will need to take two morecopies of the statement and budget sheet along to the court hearing – one foryou to refer to in the hearing and a spare one.

 

Got that Ell-enn.

Offer letter to Idem posted for delivery before 1pm and to be signed for !

Thanks for taking the time out to assist it is really appreciated !

JJ

Link to post
Share on other sites

No problem JJ - let us know when you have taken the statement to the court - remember to ask if there are any duty legals there on day of the hearing.

 

Please also don't forget to update us after the hearing so we're not left wondering what happened :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites
No problem JJ - let us know when you have taken the statement to the court - remember to ask if there are any duty legals there on day of the hearing.

 

Please also don't forget to update us after the hearing so we're not left wondering what happened :)

 

Well Idem have the letter

 

 

they have now sent me a letter stating all interest frozen for the next 12 months as a goodwill gesture

...yeh goodwill after all the battling on the phone.

..funny as when I asked to have it frozen when on the phone it was either no or we can't etc..

 

If they had accepted this last year then at least I could have chipped away at the outstanding balance.

 

This letter will be going to the judge as well !

Oh and I will keep you guys updated !

Link to post
Share on other sites
No problem JJ - let us know when you have taken the statement to the court - remember to ask if there are any duty legals there on day of the hearing.

 

Please also don't forget to update us after the hearing so we're not left wondering what happened :)

 

Hi Ell-enn ! Just realised in all the rush I have not sent the defence to court !! Put it in this morning and the court clerk said it would be ok and that a duty solicitor would be available. I am concerned the judge may not accept the defence due to the lateness of submission. Do you know if this is the case for late submission ?

Link to post
Share on other sites

Get to the court early on 7th and ask the court clerk if your statement has been put in the file for the judge. Take 3 copies of it all with you just in case. Approach the duty solicitor and ask for their assistance.

 

I'm sure it will all be fine

 

Please don't forget to come back and let us know the good news :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites
Get to the court early on 7th and ask the court clerk if your statement has been put in the file for the judge. Take 3 copies of it all with you just in case. Approach the duty solicitor and ask for their assistance.

 

I'm sure it will all be fine

 

Please don't forget to come back and let us know the good news :)

 

Thanks for the swift reply I will be there early to ensure they have the defence. Idem have their copies anyway.

All ready to go for Monday !

Link to post
Share on other sites
Get to the court early on 7th and ask the court clerk if your statement has been put in the file for the judge. Take 3 copies of it all with you just in case. Approach the duty solicitor and ask for their assistance.

 

I'm sure it will all be fine

 

Please don't forget to come back and let us know the good news :)

 

Well many thanks to all especially Ell-enn who pulled it out the bag again.

 

Suspended PO as long as I stick to the payment plan.

Duty solicitor was great and so was the Judge.

 

They accepted my offer of payment but Idem wanted a contractual payment + arrears today

as they stated my payment date was the 7th of each month or deal was off

 

I pointed out that I made a payment on the 1st March therefore technically early,

their rep was not happy about this and said she would need to discuss with the relevant team.

 

She also stated to the judge that arrears were £10k

I disputed and said they were £7k according to the paperwork I received

unfortunately I did not have a copy with me.

 

Judge disputed their claim on arrears and said he was having difficulty making a judgement

based on their varying figures and that would have to be decided on another day between Idem and I

 

he also pointed out that there was £6k of PPI pre loaded on the loan

and this should have been taken into consideration by Idem.

 

Idem rep said she could not get exact figure as unable to get in touch with the relevant team

 

the judge then noted the £10k arrears but dismissed the payment today

as he stated he did not want an "agreement to crumble straight away"

therefore first payment was on the 7th April ,

 

Idem rep looked dejected.

 

Idem rep also pointed out the the interest rate was zero

but I pointed out that I asked for this action last year

and Idem refused only accepting to do this end of Feb !

 

The rep also said they did not receive documentation regarding my letters that offered a payment plan before court ,

lucky I had all my postal receipts

 

to which the judge replied that Idem needed to have better administration procedures !

 

happy with this

but now want to tackle the issue of these £10k arrears to see if I can get them reduced from Idem

 

an anybody let me know if I can write to the court with this evidence or is it too late ?

 

Thanks

JJ

Link to post
Share on other sites

well the PPI will kill most of that.

what about all the penalty charges?

time to get some spreadsheets done me thinks too.

 

 

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... 

Link to post
Share on other sites

Well done, that's great news ! you must be very relieved. I'd love to have seen the look on the Idem rep's face :)

 

And well done to the judge for spotting the PPI :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites
Well done, that's great news ! you must be very relieved. I'd love to have seen the look on the Idem rep's face :)

 

And well done to the judge for spotting the PPI :)

 

She was put out I can tell you that !

 

 

To be honest she knows what it feels like to have to speak to them now ,

lack of communication being one of them !

 

The judge was fair and understanding not at all patronising

and the duty rep mentioned the loss of job etc so he understood the situation

but even he was perplexed with Idem's maths skills and how they got their figures.

 

I was ready today anyway thanks to the support from here

but annoyed with myself for not having more documentation available to dispute the arrears figure.

 

I need to contact Idem again going forward to discuss future arrangements

first thing is the PPI plus the arrears balance as I mentioned my copy shows £7k

I am going to send to Idem and then ask them to explain how their arrears balance is more.

 

Once again thanks folks !

Link to post
Share on other sites
well the PPI will kill most of that.

what about all the penalty charges?

time to get some spreadsheets done me thinks too.

 

 

dx

 

If I remember right it's also 8% interest as well ?

Link to post
Share on other sites

or your mortgage rate if its higher?

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... 

Link to post
Share on other sites
  • 2 months later...
or your mortgage rate if its higher?

 

Just a quick update !

Thanks once again to all those who assisted with this.

 

I have asked for the PPI to be refunded or removed from debt

 

 

of course Idem sent a stock letter to say I had to speak to original creditor Picture finance

who of course gone into administration years ago and that was their final response

 

 

which is good for me as no hanging around 8 weeks as per the FCA rules.

 

I have raised it with the FCA/FOS as far as I am concerned if you take on a debt

you also take on the terms and conditions with that debt so lets see what happens from here in !

Link to post
Share on other sites

should have gone to the FSCS?

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... 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...