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    • Slightly off topic , just a quick question    another debt with Capquest - been ignoring for ages as refuses to supply signed docs and statement of account    finally supplied a list of transaction they say is from original creditor , but just an excel list of 29 transactions , no title , no account number ,  no headings   literally just a list of numbers on a Capquest paper - with Capquest small print in the footer .   obviously , I can see there is nothing to tie this list of numbers to me -    im looking for a good paragraph to send back    like *   Thanks for a list of numbers you have typed with no references , titles, account numbers or anything to show this is an original creditors statement , this is not my statement , and has not been provided by the creditor on creditor paperwork I j the format of a statement -  please provide as required the original statement as required by ..........     can you help ?
    • You arranged this delivery with P2G and I'm assuming that they used Hermes. This correct?   Were the hampers correctly declared? Was the value of the hampers correctly declared? –  You don't tell us what the value of these hampers was. Please could you tell us what each one was and the total.   Did you take out any of their so-called insurance?   In your first post you say that you are "… not really out-of-pocket." I take this to be a typo ??   Presumably you have sent hampers using the same companies before?   As suggested by my site team colleague above, please can you read thoroughly around the various Hermes stories in this sub- forum and start understanding all the various principles and also the journey that these claims normally take – which means a letter of claim, a County Court action, mediation – and then generally speaking, a settlement.   It is highly likely that your claim will have to follow the same route and you need to be well prepared to understand the principles involved and the steps to take.   In addition to reading up on the various Hermes stories on this forum, you should also understand the steps involved in taking a small claim in the County Court.   You may as well start to familiarise yourself with this process because if you are running a small business and you are dealing with suppliers et cetera then no doubt you will end up having to use the County Court system again  and so you will be learning some very useful transferable skills.    
    • Add in thoe who will refuse the Pfizer as they are afraid due to the reports of death and side effects from it That storage requirement is the big issue with its use.
    • As opposed to the instruction to medics that they must not use ‘spare’ doses of the vaccine for second doses or on anyone outside the designated groups you mean?  I’m unimpressed with either strategy.  Throwing it away or not using it at all - either way an’t doing any good.
    • How about something like? ...   Dear Simple Simon.   Ref PCN: **** VRM: **** Contravention Date: 06/10/2020 Issue Date (Posted): 22/10/2020 Date Received: 27/10/2020   Cheers for your Letter Before Action.  My local supermarket has completely run out of toilet paper, so it was good of you to help me out in these dark days of lockdown and panic-buying.   I've already told you on XX/XX/XXXX that I know your case is pants.  I see in the Letter Before Action you couldn't resist adding on the Unicorn Food Tax too so that's a spectacular own goal to add to the list .   How many times have you been hammered in court in Berkley centre cases?  If you want another thrashing, that's fine by me.  I will seek a full costs order due to unreasonable behaviour under CPR 27.14(2)(g), and I've already drafted my particulars of claim for breach of GDPR and the Data Protection Act.   I now look forward to your deafening silence.
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

JOHNWRIGHT v SMILE £2400


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Blimey, I see you've had two successful claims, well done. Best of luck with this one.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

Okay ....at MCOL stage and Co-Op have just offered me the full amount but they are saying they will pay my DCA the £2000 I owe them, and a cheque has arrived for the remaining £400. The account has been closed and was closed due to the charges taking the account over it's limit and beyond. I also want the default register removed.

 

My argument is that I have priority debts and want them to pay me direct, however what I want to do is negotiate a reduced settlement with the DPA for clear reasons.

 

Can anyway help? Not sure how to approach, was going to write to them insisting on settlement subject to cheque payment for the full amount and removal of the default for both credit card and current account.

 

Thanks in advance,

 

Big JW:confused:

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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do you think so? you could well be right....i am on a debt management plan and pay the DCA a reduced payment so I can see whay they would be within their right to keep hold of the money.

 

i guess on one hand it will be good to have the debt wiped out, on the other hand i was thinking Xmas!

 

cheers for your advice...

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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regardingh the defaults though, they should remove those so i should include this condition in my reply surely?

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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hang on - i have two accounts with Equidebt, one for my credit card and one for my overdraft. They are trying to settle both accounts in one go. Surely they are only allowed to settle the overdraft because that is what the claim is for? The credit card is a seperate matter.....

I think i should be writing back accepting the £400 cheque as part payment, they can settle the overdraft account but the remainder must be paid to me by cheque, and the default removed.

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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Good, thought so. Thanks for your advice. They must keep them seperate.

 

They were quite happy to send both my accounts to the DCA at the same time but yes, when it comes to this all of a suddent it's one account.

 

Doubtless they have more tricks up their sleeve - i will send the letter and see how willing they are to remove the default!

 

 

Thanks again...

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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If you haven't answered the letter just consider a couple of other considerations first.

 

1. Did you ask for the default to be removed as part of the claim? If not you can't add it to your claim now.

 

2. If you did ask for the default to be removed as part of the claim do not accept the cash settlement in any form. A case for removal of a default was recently lost as the judge refused to consider the issue of the legality of bank charges, because that part of the claim had already been settled.

 

Defaults are not my strong point so let me find someone with more experience of this for you.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi,

 

This default is now certainly a serious consideration when accepting payment. You are very likely to get a hearing based on the default issue if they settle the cash part and recent experience would suggest that you would be harming your case for the removal if don't get a chance to talk about charges in court.

 

There are a couple of considerations, some covered above by Caro...

 

Please let us know if you included the removal as part of your letters and the PoC - could you also please show your PoC, or at least PM them to me.

 

Secondly, what were the level of charges imposed AT THE DATE OF DEFAULT (not just your total claim).

 

Finally, if you do not accept the payment without the removal of the default and your whole case gets to court, you would then be able to argue for payment by cheque rather than them paying off some part into your old account - this would not be a 'given' and would be based primarily on the Judge you get etc.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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