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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

Marstons. Capital Contribution Order


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Well after I sent the expenses and income list + covering letter. The only thing I got back was marstons demand for £250 / month. I was so disgusted at this amount with no explanation, I decided to ig

Yup @Manxman in exile there is a 50% chance they will ask for proof, but if they don't he doesn't need to tell his wife. If they do, well we can take it from there.   Howler's wife's situati

Your wife sounds a great woman.  I wouldn't mess with her 😁     Yes, keep fighting, there's always a way to see off these pompous, self-important idiots who think you are nothing, but

1 hour ago, Manxman in exile said:

I don't always agree with London1971 but having re-read Jane Harbottle's letter from back in July I'd agree you should write a letter of complaint directly to her.  She aplogised so many times and so profusely in that letter about the clumsy threat to put a charge on your wife's property that I'd go direct to her on the off-chance that they've screwed up again somewhere in this process.

 

I assume that after you received the letter from her you submitted some sort of hardship appeal against the capital contribution order together with a statement of income and outgoings?  (That's what her letter appeared to be suggesting you do).

 

I'd be asking them how they have come to the conclusion that some of your expenditure is "not a priority" without giving you any fair opportunity to justify it, and how on earth they can consider a proposed payment plan of £250 per month from an income of £1150 (over 20%) to be reasonable?

 

Plus the other stuff from London1971:  "Tell them to stop bullying vulnerable pensioners, and taking away their food money in the middle of the worst public health and financial crisis in living memory".   Plus your in a vulnerable group from Covid blah blah...

Thank you so very much for your help. 

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well if you do write to her don't forget to remind her you want all the money already paid blindly to them back

 

dx

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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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Hi Howler.

 

I've hidden two duplicate posts because Google is showing your name. Site team can still see the documents.

 

Please have a read of our upload guide [click on the words] that will tell you how to post photos as pdf files, to keep your anonymity. If you post a pdf, it means that people who aren't members of this forum won't be able to view documents.

 

HB

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Illegitimi non carborundum

 

 

 

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On 14/11/2020 at 19:20, dx100uk said:

well if you do write to her don't forget to remind her you want all the money already paid blindly to them back

 

dx

Absolutely

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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3 minutes ago, honeybee13 said:

 

I thought there was but have you read the upload guide? We don't want jpeg photos which is what mine usually are, it's best to post up pdf files.

 

HB

Clear as mud. 

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because we do not want photos here we need PDF files ONLY

 

please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in, registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

 

 

here is your doc in PDF

 

you IGNORE marstons they are acting as a dca and are POWERLESS

,

2020-11-12 2.pdf

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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'm very sorry guys but this is getting to me,

you are dealing with a chap with brain problems and limited education,

useless at letters,

unable to make proper decisions,

 

I have enough looking after my wife 

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you are doing a splendid job.

simply ignore marstons

 

there is nothing for you or anyone to 'deal with'

 

go get your moneyback and have a bumper xmas.

 

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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Agree! you did this once before with the charging order threat, you Can do it again with this nonsense .

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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why whats happened now?

 

dx

 

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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why you are winning

now go demand your moneyback nail them.

 

dx

 

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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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Howler - don't get pissed off.  Look at it as a game.

 

If I remember correctly they threatened you with having a charge put on your wife's property - which you and your wife successfully got them to back down on and you got a written apology from the chief officer(?) of the Legal Aid service.

 

Now they've assessed your income and outgoings and have passed it onto debt collectors without any reference back to you and without giving you an opportunity to challenge their findings.  I'd be complaining to the Legal Aid service again that that is unfair and wrong.

 

I know you've recently had bad news in that you've been diagnosed with some sort of brain problem (sorry - don't know how else to put it) and your wife is not well, so all this is the last thing you want, but in the overall scheme of things, it is only money.

 

They say you owe them, what, about £106k?  Can you afford to pay it - NO!  What can they do about it?  Sue you - so what...  nobody dies from being sued.  Get on with your lives and you and your wife enjoy yourselves.

 

And remember, London1971 and dx100uk reckon you should be claiming back the money you've already paid them

 

Just don't get depressed or down about it.  It's simply not worth it.  Even if you lose it isn't worth worrying about and making your self (and your wife) more ill.

 

When (or rather IF) you get an actual court claim - come back.

 

(It's a bit like that old saying.  You owe the Legal Aid service £1000 - that's your problem.  You owe them £100k and can't pay it - that's their problem!)

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Yup, write that letter! And remember Marstons can go pound sand!

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

Well after I sent the expenses and income list + covering letter. The only thing I got back was marstons demand for £250 / month. I was so disgusted at this amount with no explanation, I decided to ignore and didn't do anything, other than worry.. 

 

Then today at 5pm I received an email from the LAA saying because of my/our health and monetary situation they have called off marstons and will not be persuing this any further. 

My next question is, 

Any tips on how to go after the £5600 already paid. 

Tips as in how to word the letter. 

 

I can't express how much I am indebted to you all. 

Thank you so very much. 

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told ya..

 

now not only demand your £5600 back paid under duress...you want compensation for the distress and grief caused as i no doubt they already knew of the medical issues long ago...

 

 

  • Haha 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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