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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

Erudio/Shoosmiths Claimform - 1995-98 SLC Loans - ignored or returned everything since 2013


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  • 3 months later...
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Hi there,

 

Its been quiet on the Erudio front,

 

a short while ago,

I received 3 separate letters from Erudio notifying me of my arrears.

One for each of my three loans.

 

I've attached copies of the letters (all the same) and a copy of the insert that was with each them in one PDF for your information. 

Nothing from the Small Claims Court, so haven't done anything, beyond posting here.

 

Wondering if its useful to post this sort of stuff (don't want to waste your time) or only if it looks like action might be resumed.

 

Best wishes,

 

NOA0419 v2.pdf

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Notice of Sums in Arrears....they are required by the CCA2006 to send you this information regularly.

 

See section 86B of the CCA1974 

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  • 8 months later...

Hi,

 

After a long period of inactivity I received the attached letter from Drydens Fairfax (I had a letter from them back in September informing me they had taken the case on from Shoosmiths - can attach if helpful)

 

I've read other posts around this (seems something similar happened to chilly79) and my understanding is that this is safe to sit on until/unless I actually hear from the courts that the stay has been lifted. 

 

If there is anything that would be useful to do instead of just sitting on my hands though, please let me know!

 

Best wishes,

 

Percy

Drydens_Fairfax_Jan_2020.pdf

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conveniently doesn't address nor mention the most important bit of your defence which is you've never earned above the threshold.

and ofcourse although it is p'haps of little real legal worth, it could be interpreted that they issued the claim solely to halt the SB clock, because its now well passed that date too.

 

dx

 

 

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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Thank you for giving this your attention DX, that's reassuring to hear given the quip about an Application for Summary Judgement! 

 

In your experience, would never earning above the threshold count for enough if it did go to court?

 

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we've not seem them ever return once a case has been stayed, and I would hedge my bet that not earning above the threshold along with this now being SB'd (but carefully note the claimform issuance stops the SB clock, legally speaking) those 2 reasons could well be good persuasive matters to a judge.

 

another thing to remember here is the 25yrs rule and your age? re write off typically whichever comes first.

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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your age?

 

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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ok so age 50 doesn't help

but the fact the last loan takeout will be 25 soon is another +point

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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  • 10 months later...

open

 

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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Drydens Fairfax Nov 2020 redacted.pdf

 

 

I received the above letter last week. More threats to lift the stay, and a Financial Statement to complete.

Given the similarity in nature to the last letter, and your previous comments DX, I'm not feeling anxious about it, and will file it. 

 

Does seem particularly rotten to be sending these sorts of letters out to people just before Christmas in a year which has been especially hard on pretty much everyone.

 

Thank you

 

Percy

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begging discount letter wanting you to fund their xmas party drinks bill no doubt.

they tried the same on you this time last year...:pound:

 

and ofcourse you arent the only one to get these.

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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