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    • Thank you. Yes, I remember now the file extension because they had already supplied some information. They've now ignored your letter of claim so I think that you start the next action – as well as of course, putting the bailiffs in on the existing judgement. In terms of the SAR, I think I had in mind that you would send a second SAR solely for the handset – and I suggest that you do that straightaway. Although generally speaking we don't limit SARs, in this case I think it would be useful to send an SAR which relates simply to this mystery handset. So three things – get a warrant Sue on the most recent disclosure breach SAR specific to the mysterious handset
    • DX - the lease agreement does state that the car has to be handed back in a drivable condition etc. SO I was forced to pay for the clutch repair to allow this to happen. It was a frozen morning when the girl turned up for the car - had I known this I wouldn't have repaired the bloody windscreen, but when it was booked it was crapping with rain for days...
    • BankFodder,   I didn't record calls, because they were simply me asking to speak to the complaints handler, and being told he will call back. Twice a day - and phone records will show this. If push comes to shove a FOI request for their call records will back this up. When you lease a car, you can take it with or without servicing - our broker advised not to take servicing. It was out of warranty after 3 years. But my argument is the lease was for 4 years/32K miles - although we extended if for an extra year, it was still within the mileage, and the clutch failed and the windscreen leaked. In my opinion it wasn't fit for purpose and the lease company are in breach of contract by leasing a vehicle as such.  
    • My signature on that cheque is nothing like my signature, but I took a copy of it in case they try to use it.    I have read up and maybe I should explain better the reasons I said I may be better off with them.   First I would look to settle and from what I have read you can often settle for anything from 50-80% of the total debt and secondly, if I cannot settle they cannot charge me the 14.9% BC will charge me, although from what you have said it sounds like I am wrong?    
    • Would have been better that you didn't give them a signature to lift, but difficult times persist.   As for better being with a fleecing dca than the OC..well no as an OC does issue speculative court claims on a whim.   you need to get reading up here on cag
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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

County court claim form


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I have received a county court claim form today for a credit card debt from just over a year ago I will admit I owe the debt but can I pay monthly? And also is this the first step in sorting this out as it’s the first letter I have had apart from previous reminders from the card company none of which said court action

I want to get this debt paid but worried they won’t accept my monthly payment

Edited by Andyorch
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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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you need to move on this it is time critical..else you'll get a ccj default/

,,

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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