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    • i can't find a lost scottish court claim for a speculative invoice... likewise i haven't seen any gauge of an increase in PPC's issuing court claims in scotland since the much trumpeted POFA changes in Scotland - if they even happened or changed anything   it pers concerns mea bit  more as you say you've read up....focussing on POFA.. that you still appear not to have understood the very 1st basic principle of PPC things ..they are not FINES.   if they did get sheriff officers to issue a claim, and again there is no data to indicate any increase at all in them doing so, bar a handful of cases you can count on one hand in the years before, there would be plenty of chances to fold .
    • Hi This is the email i sent in December.     Hi  I do apologise but I must say going by your list of varying case studies upon your website i think you are wrong. There are various examples there of let us say loans that have have recently completed, whereby resolutions have been found, they were not deemed out of time just because the policy was entered into at the start of the loan, some +10yrs earlier. What concerned me more was the DMP and thus the CMP & CML membership were only recently concluded.. The comment you have made that PayPlan sold me the two plans I've complained about in October 2007 is somewhat mute as policies were still live within the last 6yrs with regard to payments toward them , even within the last 3yrs , if fact. I would also like to mention. "letters in 2015 from Payplan should have alerted me there was an issue," is again pretty mute as I was not aware then I could complain of mis-selling, there is no evidence I can find before 2017 anywhere that CMP & CML were even reclaimable.! I would also like to point out there is a diff between CMP & CML, they state they are both membership schemes, they are NOT. I also believe the above further answers his exceptional circumstance question...there are none as I believe I don't need any as I am NOT out of time! For the reasons above I don't agree with your decision and would like to have this looked at by an ombudsman as stated in your previous email. Kind Regards.     I will post the attachment shortly.   
    • Ah I see, I did kind of give them a notice to pay up in 7 days before taking things further but they refused and instead asked for the next instalments through a solicitor letter. I was thinking whether it would be better and more cost saving if I instead take this to a small claims court as oppose to the big courts, I know that is what you suggested at the begining. I was just not sure if I had a case since I unfortunately signed the new variation agreement.   
    • Yes, I expect that the mutual agreement was based on "we'll give you this amount of money but part of the deal is that you agree not to talk about what happened during this mediation". I suppose that either party can insert any demands they want in the mediation process and it's up to the other party to accept it or to walk away and then to go on to court
    • Never heard of that....a mediator cant impose that ...nor the defendant unless it was mutually agreed between both parties.
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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
    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Yes i see you have not used your tax free allowance yet, from april to date.

 

Different system in ireland leaves a bit more room to wriggle, tax credits are allocated against tax also, anyway just a thought.

 

Have you been in contact with the LA yet ?

 

It seems to me that you would be better on a repayment arrangement which could be adjusted if you income changed

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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" Different system in ireland leaves a bit more room to wriggle "

 

 

Ireland ?

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Yes i see you have not used your tax free allowance yet, from april to date.

 

Different system in ireland leaves a bit more room to wriggle, tax credits are allocated against tax also, anyway just a thought.

 

Have you been in contact with the LA yet ?

 

It seems to me that you would be better on a repayment arrangement which could be adjusted if you income changed

 

 

 

Yes phoned today, they are phoning me back tomorrow so I will let everyone know

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Sorry to ask but how did this come to mention Ireland I've looked several times and seen no mention of it until DB asks if in the UK then suddenly it's there.

 

Or is that NI meaning National Insurance? Not Northern Ireland. Strange link there!!!

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Yes phoned today, they are phoning me back tomorrow so I will let everyone know

 

Yes do . :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Incedentally if your weekly pay is only 120 your instalment would be £3-60.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • 2 weeks later...

Hi Guys,

 

Just an update,

 

I contacted LA and spoke to a very nice lady who was surprisingly understanding she accepted an offer from me of £60 p.m and phoned my work straight away to cancel the order. I have slept a lot better since.

 

Thanks for all your help

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That's excellent news milly...

 

So you are paying direct?

 

Well done

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Hi Guys,

 

Just an update,

 

I contacted LA and spoke to a very nice lady who was surprisingly understanding she accepted an offer from me of £60 p.m and phoned my work straight away to cancel the order. I have slept a lot better since.

 

Thanks for all your help

 

Great news well done MIlly

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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