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By London1971 · Posted
Agree with everything so far, certainly do not secure anything against your property Firstly forget the unclean and disappointed, it's not like you owe the money to your best mate. To your Creditors you are just a number on a spreadsheet. Worst case scenario? Default on everything, and get a barrage of letters from mainly powerless DCA's (Debt Collection Agencies). Maybe nothing will happen, maybe at some point in the next 6 years you might get a Claim form to try and take you to court. We can advise you with that here if it does. What would I do? As someone who's been through this mess. Get your calculator out and work out your essential expenses. Work out what you have left over to offer the cards and loans etc, offer them a token amount and ask them to freeze interest until you find another job. It may be that because of the pandemic they will offer you a payment holiday anyway. If you are really worried you can still ask your mortgage company for a six month payment holiday also, I did it, and it really helped me get back on track after losing my job. Mortgage, Council Tax, Food etc so you know what you need to live on. Get rid of any expensive cars, spend a grand on an old Focus or Corolla Get rid of any expensive mobiles, Buy a cheap PAYG on a second hand phone Start looking for another job now, even if it's half the salary. Try and recover money from any friends you have 'helped' -
By BankFodder · Posted
I would let the person named on the hire agreement know about it as suggested above. I would make the complaint to the ICO immediately – and then a second complaint later on if the SAR doesn't appear. Other than that, I would simply carry on with the defence as we suggested. If you get a reference number for your ICO complaint then let us know and we will include it in the defence -
Hey there pal. So I've spoken to the ICO and been informed that I have two options. 1) Make a complaint now regarding the disclosure of private information of others, or 2) Wait until there is an outcome one way or another regarding the SAR and if they don't comply to send one complain that includes both the non compliance of the SAR and of the disclosure of private information. They said the fact that they are registered with the ICO or not is not clear cut because they may have a different legal entity to their trading entity or something along those lines. Said that in any case not everyone needs to be registered with the ICO but they all need to comply with the SAR under the rules of GDPR. Regarding the other person who's details I was given, I haven't contacted him. I'm not sure what would happen in that scenario if he wanted to talk. Either he is the actual hirer and if he's not all it does it then give him a reason to start venting as well. Hopefully it is an honest mistake as you say. I just feel a bit confused as to why they'd then try to take me to court. They know by now following the number of times I contacted the son that I was not the hirer or driver of the vehicle yet they seem like they want to proceed with this. Additionally, I spoke with someone else who I know who had a hire vehicle from them recently and according to him the father fired the son in the last couple of weeks as he was messing things up for customers and his father. Not sure if I should go and try to see the father at the shop today and see if he can sort this out. Or would I be better advised to just leave that and go through the regular MCOL defence channels?
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The Information Commissioner’s Office (ICO) issued 17 fines worth over £42m last year, according to an annual report from the regulator View the full article
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By Titchytitch · Posted
Sorry what do you mean by inserting blank lines ? Space the response out ?
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003- 1 reply
Picked By
BankFodder,
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