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    • Hi All   Any assistance or guidance would be gratefully received.   Many thanks
    • I sent him the link for this forum yesterday but will tell him what you said. If he decides to post here I’ll be following it to help as much as I can.  Thanks for answering, it means a lot (after going from place to place discovering no one cares.)
    • It is the seller who should be bringing the action because they are the person who has lost the money. We can help them that you should contact them and tell them to come and register on this forum and assure them that everything is free and that we offer the best chance of getting their money back from Hermes – and not only that, it will be interesting and fun.
    • We don't know - all that Santander said was that a payment was made to a S/C and A/C number and they gave us that information - what they couldn't say was if a reference number i.e. the card number was entered to pay that said card. 
    • Hi -I bought a £500 bike on EBay from a private seller - listing stated “collection in person only” but after asking he agreed to post it - I bought a Hermes label using Parcel2Go, filled out all mine and seller’s details, and sent it to him. All he had to do was to stick it on the box and wait for courier to collect  - on the day of collection I received an email that “courier wasn’t able to collect the parcel” (seller assured me no one showed up for it as he’s been waiting) - same thing happened the next day. I knew Hermes tried to collect x3 and didn’t want to miss the third attempt so I asked the seller if he could drop in off and the nearest parcel drop off point.  He agreed and dropped it off. - Few days later the parcel arrived empty. It was half opened. I opened it in courier’s presence only to find bubble wrap and empty cardboard box. I asked him if there is a report we should fill out in situations like that. He said there wasn’t and that this is how he collected it from the local depot. He handed me blue card with a phone number to text ( texted 3 times heard nothing back) I took photos of the box (with courier in the background and said I don’t accept it because it’s been robbed) - I contacted the seller. He informed police about it so he could get cctv video from the parcel drop off point proving the box was heavy and needed two people to carry it.  -I informed police on my end hoping they could take a statement from the courier who delivered the box. They listened to my story but weren’t too bothered. They said I’ll get my money back if I paid with PayPal. - I got my money back. - police said I’m no longer at financial loss so to them the case is closed. - I want to fight with Hermes and P2G to get the £500 back from them so I can give it back to the seller. I’m convicted he sent the bike. He showed me the package before sending, we are in ongoing contact. He got the cctv footage etc. I feel horrible because it was me who chose the courier and it was me who asked him to post it, and now he has no bike and no money.  - I contacted P2G on live chat (since there’s no possible way to contact Hermes). They said to allow them 14 days for investigation. They were supposed to check cctv from depots and weighting points to see where the parcel went down from 15kg to nearly 1kg - after 14 days I contacted them again only to be told that Hermes hasn’t provided any information and now an automatic claim has been opened. - I provided all documents they asked for and now I’m waiting for the outcome but I already got email saying I can only count for £20 since I haven’t opted for extra protection. I haven’t paid for extra protection since stealing is illegal no matter for paying extra or not. I figured they won’t loose my parcel since it was a huge box and was ready to risk the damage. The point here is that they haven’t damaged it or lost it- It Has been delivered- Robbed.  - I’ve got all the chat scripts, emails between me and the seller, listing details, crime/ incident number/ photos of empty box delivered, photos of seller dropping it of, photos of the parcel before sending etc. I also have time and will to take them to court and open small claim. I think I might qualify for the cost relief too.  My main question here is - Do I, as a person who bought the servis and haven’t received the item can open the small claim against Hermes and/or P2G. Can I do it even though I’m no longer at “financial loss” (since PayPal refunded me). Do I need to tell them that at all?    I hate this whole situation and hate the fact that I can’t afford to give the seller his money back and be at loss too. It was a used bike, a gift for my daughter’s 10th birthday. I don’t want the time to ease my anger and forget about it because at the other end of this, there’s an honest guy who did everything he could send me that bike.    I know there are other posts that are almost the same as this one. Please can you just read through it and say what rights do I have to ask them for money back if I already got them from PayPal. 
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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.
       
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      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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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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CABOT/MORTIMER claimform- old VANQUIS Statute Barred Debt***Claim Discontinued***


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Hi All,

 

Received so much help and support way back in 2005-2008 which turned my life around.

 

Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought.

 

I will post all details in the relevant place and look forward to your much appreciated assistance.

 

Regards

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Good old Cabrot, have they actually issued a claim, or are they simply willy waving claiming they will do so if you don't turn round and grab your ankles for them?

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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Cabot only seem to be dealing in bogus debts now. Meaning no paperwork or theyre SB. Either way, post as much info as possible and it can be cleared up pretty quickly.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They issued a claim last April out of the blue. I had heard nothing from them or Vanquis since February 2009. I have moved address in that time and CABROT must have traced and the MCOL claim form dropped on the mat. As i am 99.9% positive this is SB I responded with:

 

1 The Claimant's claim was issued on xxth April 2015.

 

2 The Claimant contends that the Claimant's claim so issued is a

claim in contract and is statute barred pursuant to the provisions

of section 5 of the limitation acticon 1980. If, which is denied,

the claimant contends that the Defendant is in breach of the

alleged contract, in excess of 6 years have elapsed since the date

on which any cause of action for breach accrued for the benefit of

the Claimant.

 

3 The Claimant's claim to be entitled to payment of £xxxx.xx plus

costs of £xxx.xx or any other sum, or relief of any kind is

denied.

 

The claim is still sat on MCOL and since that I have heard nothing until last week when a letter from Mortimer came with an offer of a 50% discount via a TOMLIN and a number of sheets showing a running account of the card with charges applied and payments made. They are not statement sheets just lists. However on them it shows payments were made the last being November 2010. I don't believe they are correct as I had no bank account to make payments.

 

Couple of things, if they have a cast iron case why the offer of 50% and why so long since I entered my defence?

 

I will start this case in the correct forum if someone could kindly let me know which one.

 

Regards

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Theyre bluffing. They know they can never get a judgement as per your defence, so theyre trying to look good and give discounts or use a backdoor approach

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I would hope they need more than a few dubious printouts to prove either way.

 

I was thinking of issuing a CCA to CABOT/MORTIMER and a SAR Request to Vanquis to see what they have.

 

Thoughts?

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If its stayed ignore them

 

Get reclaiming the PPI? Yourself

 

Highest begging letter here is 95% on a Cabot stayed claim

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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MCOL is not showing it is stayed, only notification that I submitted my defence in April 2015.

CABOT/MORTIMER have no response showing on MCOL.

 

To back up my recollection of whether I had paid anything to make this not SB

I got my credit File from Equifax when the claim came in last April, it shows no record of the account.

If, as CABOT state and from the list of transactions they sent,

it was still enforceable then surely it would still have been on at that time.

 

Also the final outstanding sum on that list shows a figure of £1100 owing, CABOTS claim is for £1900.

 

Would it be prudent to get a CCA off to CABOT and a SAR to Vanquis?

 

Thanks

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I'd just leave it. Until something comes through fromt he court. You have a defence in, the claim is stayed. Theyre trying to blindside you into giving them something, and they have the cheek to try and misuse the courts.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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mcol does not show a stayed status.

its been 12months now

 

no harm in you ringing vanquish you know.

and asking last payment

if they say they haven't got stuff

and to contact cabot.

quote them the ICO say:

that state they as the original lender MUST hold data for 6yrs under DPA Act rules.

dx

 

 

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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Hi,

 

Called Vanquis and they cannot help me with any information over the telephone. I only have the old account/card number and they do not have it on the system of the customer service advisor.

 

I am of a mind to just ignore as has been suggested but as I do not have any information other than what CABROT have sent I wonder if they will ask for the stay to be lifted and proceed.

 

Advice as always gratefully received.

 

Regards

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Personallyand IMO, I'd ignore them for now, pointless kicking the nest.

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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Yes, a CPR is a definite, lets them know you won't be bending over backwards for them, and they'll have to fight every step of the way.

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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no harm in an sar to vanquish now.

be prepared.

though without paperwork

they wont lift the stay

 

 

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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no harm in an sar to vanquish now.

be prepared.dx

 

Good plan batman, yes, and see what charges/fees/ppi you can reclaim.

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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click sar

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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SAR sent recorded delivery to Vanquis.

 

Well done :thumb:

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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  • 2 weeks later...

UPDATE:

 

SAR has gone to Vanquis no reply as yet.

 

I have been using Noddle for my credit reports but after reading they don't have all information I have got another from Equifax for the Statutory £2 fee.

 

Lo and behold it lists this which did not appear on my Noddle account:

Credit Card from Cabot Financial (Europe) Ltd

 

Defaulted 30/6/2010

 

Default Balance: £1175.00

 

Current Balance £1866.00

 

Last Updated: 15/10/2015

 

No payment history is shown only a big red D for the default in June 2010.

 

 

I am still puzzled why they would offer a 50% discount and a TOMLIN on this.

 

The court claim dated xxth April 2015 is still stayed.

 

As previously said I do not have any paperwork hence the SAR to Vanquis so I cannot be 100% sure my last payment was not after April 2009.

 

Thoughts on next steps would be very much appreciated.

 

Thanks

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trying to spoof you into acking the debt

 

then they'll go after the rest

 

don't fall for it!

 

next move is theirs

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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One more question DX.

 

The difference in the default amount (which does include late fees etc.) and the current balance claimed by CABROT, is this correct, can they do this and can it be claimed back if this goes further?

 

Many thanks again

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if they pay to lift the stay

then they can only 'win' whats listed in the POC

however that wont happen.

 

 

this is cabot we are talking about......

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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