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    • important – sometimes a default is good news! Defaults sound bad, right? So getting one removed must be good? This is probably the most confusing thing of all, but No! It can often be better to have a default on your credit record.  If there is a default against a debt, then the whole debt will “drop off” your file after six years, even if you haven’t repaid the debt. With no default, the record will not go away until six years after it is marked as settled/satisfied in some way. So don’t rush into trying to get a default removed… and never try to get a default date changed to a later one because it will wreck your credit record for longer
    • We will of course be informing the Court that we are LIP and the costs we have had to incur due to the unreasonable behaviour of the defendant including forcing us to incur costs and further costs, and refusing to deal with the LBC.   On a more ethical tone the firm of solicitors noted here are correct in the interpretation of the law as it stood since March 2019,   https://www.ellisjones.co.uk/blog/article/what-is-the-current-effect-of-coronavirus-on-my-wedding-contract   Goosedale the defendant has been given all these facts and informed that our daughter was married in a Civil ceremony last year with 15 Guests, hence they are not only wasting Court time but have cost us severe distress, inconvenience and loss of money to date, all which will be dealt with at a Hearing now. where the Defendant stated only a Judge can make the order to make him refund the money, hence his actions have caused immense waste of Court time and is an abuse of the Court Process, shame on Goosedale and equally shame on DWF what a joke !!   CMA have given the correct interpretation of the law - THEY HAVE NO RIGHT TO KEEP A SINGLE PENNY THEY HAVE NOT PROVIDED ANYTHING FOR they have known this since March 2019.      
    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
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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

@curryspcworld @TeamKnowhowUK refused to honour purchase


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2 places never to go with any complaint resolver and CAB!!!

https://www.consumeractiongroup.co.uk/topic/413250-currys-pc-world-amp-knowhow-whatever-happens/page/2/#comments  

Thanks. I’ll post the defence here when I receive it.

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Another mistake by Currys!!!

 

How much do you need to bring you up to your expected value?

 

By the way, the fact that they have now reneged on their £2000 offer in my  view that the without prejudice protection that claimed for it, now fails.

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I claimed £641, but £100 is lost in eBay voucher code so really it is £541. Currys offered £200 so another £341. 

 

It’s probably reasonable to accept the offer to save the trouble of having to prepare for evidence/documents etc. I wonder if the offer is negotiable. 

DSG offer .pdf

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The only way you will negotiate is by refusing it and paying the hearing fee.

 

I think that your claim is entirely winnable but it is you who will have to calculate the risks

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Alright I will take your advice and reject the offer. Is this a reasonable response then?

 

 

Thank you for your letter of 11th December 2019.

 

I'm writing to reject your revised without prejudice offer. I am afraid it hasn’t met my expectation.

 

If I don’t hear again from you I shall proceed to pay the hearing fee on the 13th December 2019 and we will proceed to court for trial on the 10th January 2020.

 

Yours faithfully,

 

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I'm not advising you to reject the offer or to accept it one way or the other. This is a decision that you have to make when you balance the risks.

for my part I think that you made a contract and you had a reasonable expectation of receiving a certain value and they breached the contract. As far as I'm concerned this gives you the right to bring an action with a good chance of success. On the other hand there are risks and you might decide that getting £200 over what you paid is a good result and let's face it it's not bad. However you didn't get the computer you wanted and if it was me I would be going for that. However, get the risk is yours to calculate and yours to take. The case is yours to win or yours to lose. You have to make up your own mind . I am not trying to advise you one way or the other I'm just trying to inform you as to what your position is.

if you stand by your ground and they decide to go to court then if you lose you risk losing your claim fee and your hearing fee. If you win then everything's fine. If you decide to pay the hearing fee then there is still a very good chance they will put their hands up. They've already offered you £200 so you're not so far away from it and of course they will have much greater costs defending the action then you will bring it because they will have to travel to your court and presumably pay a legal representative to go there. This will cost in far more than the money they are trying to save. But on the other hand they are brutally stupid and they don't consider these kinds of things.  Under the small claims rules even if they win they won't be able to recover the costs of legal representation from you.

you have to decide whether it is worth the punt to get £641 from them on one hand + your costs or on the other hand whether you are prepared to lose the claim fee and hearing fee.

also of course, it will probably be 4 or 5 months before the matter was heard and settled. But of course it might only be a week or two before they back down completely.

if you decide to go on then in my letter I would tell them that as they have reneged on their promise to pay you £2,000 without prejudice you now consider that they have lost the protection of the without prejudice offer and that you will be bringing that letter to the attention of the judge as well. Obviously this doesn't apply to the most recent offer which presumably has been made without prejudice

 

 

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