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    • Thanks for the reply     Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 18/02/2021   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? By anagreement between New Day Ltd RE Marbles & the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 2140.14  2. Costs   What is the total value of the claim? £2325.14   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I could have   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A 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 ? Not Sure but im going to look back on old emails. But I think it would have been around 2018.   Do you recall how you entered into the agreement...On line /In branch/By post ? If I did it would have been online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No but there is a DCA on there that could be for this.   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. Debt Purchaser by the looks of it.   Were you aware the account had been assigned – did you receive a Notice of Assignment? I could have but I’ll need to look back.   Did you receive a Default Notice from the original creditor? Not sure but its possible.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure but its possible.    What was the date of your last payment? I don’t know.   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? No.
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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fuel genie Fuel Card Charges


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I run a micro business and opened an account with fuel genie (fuel card) for cheaper fuel.

I am currently in the process of changing banks and forgot to update my direct debit with them.

 

The DD was refused upon which I received an email from fuel genie threatening debt collectors if I did not pay promptly and that charges would be added to my account.

I paid as soon as I received the email by card and contacted customer support to ask if the admin charge of £49 could be removed as it was a genuine mistake and pointed out that it was exactly three times the sum charged by my old bank.

 

I was told over the phone no but email our accounts dept and they might reconsider.

 

Assuming the answer is still no can they actually charge such a high fee?

The other issue is they have just added the charge to my online account and not issued an invoice for the charges so I can not account for them end of financial year.

 

Obviously lesson learned, read small print but any advice appreciated.

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the charge is a unlawful penalty 

  • Thanks 1

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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I doubt they'll take a blind bit of notice TBH

you could quote the FCA rules to them, but I doubt they even know who they are

even though I assume they are FCA registered.??

go check the company name fca reg number on the FCA register that they should quote at the bottom of all correspondence.

 

  • Thanks 1

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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The parent company Worldline IT Services UK Limited is listed as a payment services firm by the FCA but this is not at the bottom of the email I received.

 

I have searched and found a copy online of the FCA handbook but I am struggling to find the section that applies to unlawful charges. Not sure what section to quote them.

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read this thread

same things apply

 

 

  • Thanks 1

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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Share on other sites

yes ...still not right to unlawful charges/ fees mind.

 

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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Share on other sites
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