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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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001L

Issue with Packlink ***Resolved***

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Hi,

I sold a leather jacket on EBay and selected Packlink (Hermes) as the delivery method.

 

I have contacted Hermes, they looked into the matter and said their courier delivered it.

 

The courier provided a photo of where he left it.

I sent this to the recipient of the parcel and she said that was not her address.

She contacted her neighbours and was not able to find the parcel.

 

Hermes asked me to contact Packlink.

I have completed a Packlink claims form and submitted photo ID of the recipient along with her signed declaration that she did not receive the parcel.

I sent the claims form on 23rd October.

 

I have repeatedly chased up the claims team by email but have not had a reply from them.

I do not know what to do next.

 

Do you have any advice for me?

 

Many thanks.

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We seem to be getting a spate of claims in respect of Packlink recently. Although the contracts are with them, the errors are being made by Hermes. The problem with Packlink as far as you are concerned is that they are in Spain and that means that they are out of the jurisdiction of the British County Courts.

I think it will be much easier to make a complaint against Hermes. That isn't straightforward either and Hermes have got a pretty bad reputation for respecting customer rights once things go wrong.

Please will you tell us whether you are a private eBay seller or a trader. What was the value of the jacket?

You may well be obliged to threaten and then to begin a county court claim. Are you prepared to do this?


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Hi,

 

I am a private eBay seller.

I sold the jacket for £42.25.

It is not worth my time to start a county court claim for this amount of money

 

 it is extremely annoying that Packlink and Hermes are likely to get away with this.

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Thats what they hope you'll do..give up

They're following the example of ebay/pp by running away out of jurisdiction of our laws.

 

Pers i think its time the users simply .. 

remove all payment methods from pp,

let the recipient raise a none delivered item dispute

Let pp refund them

Then simply ignore pp

There is nothing they can do

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

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If it's only £42 then I would suggest that you attack Hermes and we can almost guarantee (almost guarantee) that they will put their hands up. You may have to issue the claim for £25 but it won't go very much further than that. Even if it did go to a hearing, the chances of you succeeding are better than 90%, in my view.

You are a private eBay seller and that means that if a case was allocated to a court it would be to your local court and that means Hermes would have to instruct a representative to attend that court with all of the inconvenience and expense that would incur. Because this would be a small claim, they would be unable to recover any costs from you in the event that they won the case – except for their reasonable costs of travel.

In the event that you win, you will be able to recover all of your court fees, your reasonable costs of travel, your £42 plus interest.

I would begin immediately by sending Hermes a letter of complaint, outlining what has happened and giving them seven days to respond. After that I would send them a letter of claim doing them 14 days to pay you your money or else you will sue them in the County Court for your money, fees, interest – and without any further notice.

We will help you all the way. It will be a valuable learning exercise for you. You will acquire transferable skills and you will have confidence in suing lots of other businesses whenever they set out to dominate you with unfair practices.
It's a no-brainer!


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OK, thanks for the advice. I will let you know how I get on.

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I sell about 100 items a month on eBay and started using Packlink despite its awful user interface.

 

I had my first lost item and from the get go they tried to defect anything, after I screenshot their own booking process saying that I was covered and made them aware that my contract was with them as a broker and not with MyHermes they changed their minds and issued me with a claims form to get my money back.

 

https://uk.trustpilot.com/review/www.packlink.com?languages=en&stars=1

 

Hopefully I can link this here, I would advise posting a review to add to the ever growing list of 1 star reviews.

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Today I got a refund of £25 from Packlink. I have also submitted a claim form with Hermes, as you suggested.

 

It pays to be tenacious.

 

Thanks for your advice.

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Well done thread title updated.

 

Andy


We could do with some help from you.

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