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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.
       
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      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!
       
       
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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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Payday UK - didn't action loan settlement -today issued default!


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Hello All,

 

I’ve a feeling that I’ll need to go to the Ombudsman but would be grateful for any assistance.:

 

Long Story short, I approached PayDay UK/MEM Capital last July 2017 and requested a settlement figure as I released equity in a property I own to clear my feet. I was given the figure and when the funds cleared acouple of weeks later, I received 2 text messages (16/8/18) 1st text said I was £8 short due to accruing interest since the initial settlement figure was issued, and literally acouple of hours later I received another text saying my loan was settled in full.

 

As a result, I received zero correspondence from the lender until December 17 when they started requesting a payment of £180 which was pure interest – I contacted them, they said that because I never completed a settlement form, they didn’t action this so I requested another copy of said form as I hadn’t received it - this was on 29/1/18 and today, no response to the email I sent saying I didn’t have the settlement form but I did get confirmation that they’ve issued a default!

 

 

I’m in the middle of trying to clear my credit file up and have been slwly imporving my credit score –any advice on how to approach this? Last email (copied in a company director too) has requested confirmation they’ve removed this default before close of play or I’ll escalate to the Ombudsman.

 

Absolutely fuming with this.

:-x:-x:-x

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They have pal, yeah.

Disappointed that it's come to this not to mention the damage to my credit file.

They never actually sent me the settlement form, asked them at the end of January for another copy & they never sent it

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You say that the text messages are dated 2018 – but you mean 2017 I think.

 

Have you got copies of these text messages?

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Have a read of this about the section about the FOS :)

Could be of some help

 

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=71215

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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You say that the text messages are dated 2018 – but you mean 2017 I think.

 

Have you got copies of these text messages?

 

Unfortunately not. But I've asked them to retrieve all texts they've ever sent - yeah I did mean 2017 sorry.

 

The settlement figure increased between when they sent me it & when my funds cleared to settle the account -they text once saying I still owed them £6-£8 and another time a few hours later saying the loan was settled in full.

 

They've repeatedly referred to a settlement form I had to sign & didn't - checked every email I've had from them and I've never received it. One email I have from December claiming to have said attachment contains a random HTML with details of how to complain to the ombudsman..

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Have you asked them for this information by way of an SAR? In fact have you send them an SAR?

 

Have you ever read anything about cobs?

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TBH i was hoping it wouldn't have gone this far -was hoping to move on & had assumed they'd settled & was happy to leave it at that.

 

I'm relatively familiar with the process, had to do it for a summary cause I Was cited for last year, hopefully they come back to me today but I don't see how I can trust them anymore to resolve this.

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I'm surprised that you have a trusted them in the first place. I recording your phone calls? (I think I know the answer).

 

You will either eventually have to go to the ombudsman or you will have to do think about a County Court claim.

 

If you wanted to make a claim then I would suggest claiming under cobs which is an enormously powerful piece of legislation and would give them a real slap. You have to decide how you want to play it.

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