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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

Barclaycard debt statute barred??


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Hi all

 

I have a few debts that I am trying to sort out but am not sure if some may be SB’d.

 

I have one for Barclaycard and am trying to figure out where I stand as I am a bit confused over the SB’d criteria ( I have read a lot of threads about it).

 

the debt is wth. DCA and other than a letter to advise of change of address I’ve not responded to them.

 

the last payment was in 2012 but on checking statements there is a refund on the account in March 2013 for £400 I have no idea what for.

 

I was sent 2 DN’s by mercer’s one in November 2012 and another in February 2013 but checked my credit file online and they registered the default in June 2013.

 

Any my opinions on whether this is SB would be great fully received

thanks

Ginbob

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Dn is nothing to do with sb date

Moved to the BC forum

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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If the last payment or acknowledgement of the debt was in 2012 then it is statute barred.

 

The fact that they have found some reason or other to give you a refund does not affect this.

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Yes Bankfodder. The last payment was November 2012. I’ve not acknowledged the debt but did send a letter informing DCA of change of address as did not want a backdoor CCJ. I’m assuming (hopefully) that sending that letter hasn’t stuffed me.

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No it hasn't. However, read CONC 7 - If they are informed that it is SB then they are no longer permitted to take any further action on the debt

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send them our statute barred letter from the debt collection section of our library.

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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