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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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omegatbt15

Another myHermes Issue - ***WON***

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No


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i have another 2 missing potential parcels that have sent through packlink with myhermes.  for any future claims,  do i chase packlink or myhermes ?

 

thank you again.

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In principle you would sue Packlink if your contract was with them - but we would need to know more about them.  I've not heard of them before


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packlink is the ebay delivery service that enable you to choose different couriers. a middleman if you like. you can choose dpp, myhermes or the post office. 

 

so i buy the delivery with packlink and they pass the work with myhermes.

 

my original claim had one delivery directly bought with myhermes and one with packlink delivered through myhermes.  they will pass the buck of course and blame each other.

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By the way I notice that you say that you would pay £20 in compensation. Did you accept this? On what basis was the £20 paid?

By accepting £20 you may well have given up your rights to take any further action


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after i wrote to the ceo, they did a search and could not find. they automatically give £20 compensation as the standard insurance. they offer good will compensation which i rejected.

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Did you accept that £20 compensation I think is what @BankFodder is getting at, if you have accepted it you may be out of luck.

 

Ignore the goodwill gesture for now that is separate.

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no, I have spoken to them directly about this and they said that the 20 is the insurance and not compensation. 

 

another twist to the story, one of the parcel has arrived to the customer a month later but i have refunded the money already.

 

I have contacted her directly hoping she would be straight and pay for the good but no response so far. 

 

so might have to take her to court as well.  

 

i am actually look forward to going to court to clear my head

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Sorry should have said when I mean compensation I am refering to the insurance payout.

Did you accept that? If so you may be out of luck. 

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I did not have a choice they pay it automatically.

 

I have called them twice to confirm that this insurance payout does not affect my small court claim and they said no. 

 

if they are lying then i have them on record. 

 

have you had much experience in this ?.

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It shouldn't be automatic as you need to give them BACS details for a payment. You can decline it before it gets that far. There are various threads about it on here in the same situation where an item has been under insured but its been lost opposed to damage. Have a search through the forum and you will find them. 

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no, it was paypal. which was how it was paid to them inthe first palce.

I am sorry to advise as per the response we have received from the Hub, despite a thorough search your items have not been located.
 
I note a claim form has been issued to you for parcel 8730184249588885, which once completed the Claims Department will assess and pay the claim for you.

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I'm assuming that is the response from parcellink and not the hermes direct one with that response. 

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hi all, sorry i am been electioneering for my local polical party. 

 

just to let you know that they have contacted before the final judgement day and settled. 

 

in summary,

 

small claim courts is brillant. 

 

contrary to the opinions on here you dont need to be elaborate. just state clearly that it was lost as they can see on their system anyway. 

 

i did it very simply and won. 

 

thanks for everyone and especially Me !.

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Thanks for this update.  

 

Well done.


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@omegatbt15

 

Just a word of warning with Packlink, do not continue to use them and remove any automatic billing you have linked to your PayPal.

 

There have been numerous reports of people that have claimed missing parcels etc that have then been slapped with a £40 admin fee two months down the line due to an oversized parcel with 0 proof. They then ask you to take pictures of the parcel next to a tape measure to prove the dimensions are within the given size at the booking stage, this is obviously impossible as the item was sent two months ago. One part that was effected was a company and got stung for £1600 worth of £40 charges.

 

When you first used Packlink it asked you to allow automatic billing via PayPal and if this is still active they can bill you whenever they like and you can't stop the payment and it doesn't require approval.

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