well what DWF are claiming is immaterial, it's their client that sets that and DWF have already made mistakes by sending him anothers agreement.
you need to be sure that no repo cost for collection of the vehicle was added, was it drive away or flatbed collection? they typically charge +£350 for it and under the consumer credit act which governs voluntary termination and the HP agreement they can't charge anything as such.
i pers think you need to be a wee bit careful here as if i were to be frank, the vehicle purchase was made under what they call 'fronting'.
if the car was not registered in his name nor insured by him, with you as a named driver you are both on very dodgy grounds legally here.
Story in the Sunday Express 28/2/21. Image also shows a copy of their apology. You will see it only apologises for the delay in corresponding and ignores the substantive point regarding paying interest on the £1000. The apology reads more like a defense and they state they would have defended had the summons not gone astray. Some apology.
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.