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    • HI Guys, sorry to ask again but is there anyway I can appeal against this or is all lost?   Many thanks   Hugh
    • That's what's so depressing. They're refusing to learn from countries who got it right and just spending a fortune on reinventing the wheel and parallel systems that don't work, run by their cronies.
    • ... and Johnson says, and demonstrates he has no intention of learning any lessons until (much) later
    • Name of the Claimant ?  - school's name Date of Issue - 26 Jan 2021 The claimant is a provider of educational services who entered into an agreement with the Defendant for the provision of said services. Under this agreement the Claimant provided the Defendant with services in total sum of £3000 which the Defendant has failed to pay nor given any indication was to when payment can be expected. In addition to the sum above, the claimant seeks contractual interest at a rate of 8% from the date payment fell due in the sum of £180, and continuing at a daily rate of £0.65. The Claimant has also inccured debt recovery costs in pursuing the outstanding invoice in the sum of  £337.50. And the Claimant claims: Initial Debt £3000 Interest £180 Debt Recovery Costs: £337.50 Costs and Disbursements  The claimant claims interest under s69 CCA 1984 at the rate of 8% from 1/4/2020 to 25/01/2021 on £3,000 and also at the same rate up to the date of judgment or earlier payment at a daily rate of £0.65   Amount Claimed: £3500 Court fee: £185 Legal representative's costs: £80 Total: £3765   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? - I have not. I believe my ex-wife has received correspondence, but don't know how compliant it is.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? - technically before that, but I did not inform them, so....   Did you inform the claimant of your change of address? - yes they were informed several months ago   Is the claim for - school fees   When did you enter into the original agreement before or after April 2007 ?  - I am not exactly sure. Probably about July 2007? First child entered in September 2007. Second child (subject of claim) later. But don't know how many agreements exist.   Do you recall how you entered into the agreement - probably signed something?   Is the debt showing on your credit reference files - no   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim - original creditor. debt collector is involved as the 'solicitor's address'   Why did you cease payments? - change of financial circumstances   What was the date of your last payment?  - January 2020   Was there a dispute with the original creditor that remains unresolved?  - some issues with limited education because of covid   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - yes, no   If you have not already done so – send a CCA request to the claimant for a copy of your agreement - not applicable I think?     --- next step presumably would be to get a copy of the agreement under which the fees are claimed?
    • Topic moved to General legal Issues forum in view of the court claim/s   Please read the following link and then copy and paste the relevant Q,s and your responses back here for further advice.Dont do anything until advised.     Regards  Andy       .      
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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

Link Financial / IDR Finance UK II Ltd / MBNA

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Hi All.



I filled in the PAP form as you said and sent it off to Kearns.

Attached is the letter I received back from them last Saturday morning.


I sent a CCA request off to Link but that didn't actually get posted until the 27th November so nothing back yet.

Is it 12+2 working days they have to respond?


I sent a SAR to MBNA and have had a large envelope of stuff back from them earlier this week.


I haven't had chance to look through it all yet but after a quick flick through, there is a copy of the credit agreement which is signed by me and pages of other stuff which doesn't make any sense whatsoever!


No doubt I will be on here asking all of you good people for help to decipher it!!


Thanks in advance


Kearns Response.pdf

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