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By BankFodder · Posted
Have you ever reported this to the police? -
Don't think i can do that as i'd have to go back to court? As all these debts are all from old CCJ's? Bill
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Gotta fund the Summer Party somehow... Have you been to a company doo like this? I have... Its not pretty. It gets messy and the people who pay are you! On a serious note. I think that £20 is way too much... If you are pushing yourself... Reduce it to £10 a month or even £1 a month. Other people might say different - Id listen out for other advice, just adding mine.
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Thanks for that, have been paying all 4 creditors the same amount for 10 yrs now! each get £20 per month as that is all that's left after the end of month i literally have no money left! I hope as per usual its a DCA trying it on to get more money? It sort of makes me laugh when it starts thank you for continued payments we want you to pay only what you can afford! then invite me to call and pay six times more than i can afford??? Love them!
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By BankFodder · Posted
I think the only thing left for you to do is to sue them in the small claims court for unfair treatment under BCOBS. It is difficult to know what the outcome of this would be. They have admitted already not having used their correct procedures – so that is clearly unfair. However, I think that what you would really be aiming for would be a decision by the court which included an opinion that their failure to produce the review which effectively recommended that the marker was not placed against you – was unfair. It will be interesting to get that person – the person who reviewed and recommended against the marker – to provide a statement to the court explaining why he took that view. Of course if you brought an action then it is quite possible that the bank would simply offer you the money that you are claiming in order to bring an end to the action. This would not affect the CIFAS marker – and you would have to decline the payment and continue the litigation. The problem with declining an offer which has been made which matches your claim is that you risk the court making an order for costs against you on the basis that you could have saved everybody time and trouble by accepting their money offer. However, the court does have a discretion not to order costs where they consider that there have been exceptional circumstances which mean that it is reasonable for you to reject the offer and to continue your action. You would have to persuade the court that the money you are suing for was not the principal reason – but the most important thing was to get a court judgement which basically said that the way that the CIFAS marker had been applied was unfair and to suggest that maybe it should be removed – particularly because they were unable to provide evidence of the review which recommended that the marker should not be applied. We can help you with an action like this – but you are getting into risky territory. Did they actually offer your payment in compensation for failing to observe the procedures?
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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