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    • These companies don't actually like to take people to court.  Legal fees in small claims are capped at £50.  However, the people who run the companies are so stupid that they are incapable of dealing with their own court cases and so have to employ local solicitors which costs them a bomb.  So even if they win in court they lose IYSWIM.     If you give them both barrels now there is a good chance they will decide it's not worth their while and go after some other naive mug instead.  There are no guarantees of course.   Just to clear a few things up.  You actually paid the parking fee - twice - but the machine was knackered, right?  Any proof of this?  Then the fleecers sent out a second demand without sending the first so you couldn't appeal or get the discount, right?   Also, can you remember what you wrote to them?  In particular if you outed yourself as the driver?
    • Iv not had a phone mine went off ,so not ad chance borrow one im just trying get my passwords reset.
    • hi sorry about that i never no were to post 
    • Okay I was just checking that the parcel hadn't been sent by a retail supplier in which case it might have been easier to get them to take responsibility. As usual, Hermes and Packlink are playing piggy in the middle and of course, you are Piggy. You should certainly make a claim against Packlink and against Hermes. However, they will both knock you back, of course. You could then sue Packlink or you could then sue Hermes of course Packlink are in Spain which is why it is a mistake to use Packlink for anything because they are outside the jurisdiction. Assuming that you want to proceed to take legal action then you will have to sue Hermes – who will try to say that you have no contract with them in your contract is with Packlink. What Hermes won't tell you though is that under the Contracts (Rights of Third Parties) Act you enjoy full legal rights against Hermes as if you were a direct contracting partner. Additionally, it is Hermes that have been negligent and so if you bring a legal action then you will allege breach of contract as well as negligence. For a claim of this value – £150 – Hermes will at the very least force you to begin a small claim in the County Court by issuing the court papers. They are then quite likely to push you to a hearing but opt for mediation en route. At mediation they will try to say that the contract is with Packlink. They will then back down and make you an offer which will be less than you are claiming – but if you stand your ground then they will eventually agree to pay you everything including the cost of your claim. Of course there is always a risk of losing – but it's extremely unlikely. This is particularly because for this kind of money, Hermes would rather not risk going to court and getting a judgement which makes it clear that you have third party rights and also that it is unfair for them to try and escape liability for these kinds of breach of contract and this kind of negligence. So the advice is, continue your claim against Packlink. Continue your claim against Hermes. When you get confirmation that they are declining responsibility, send Hermes a 14 day letter of claim and then on day 15 issue the papers. Read around this forum about other Hermes stories and also the steps involved in beginning a small claim in the County Court. We will help you all the way.
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

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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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So sorry

but just to check

do i write to all these about the debts and try get deal to reduce monthly payments and stop all interest first or do I stop payments then write to them ? 

 

Same if I was going for the DRO option

do I just sort out and apply for that first or stop all payments then apply for it .

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you can't continue the payments eitherway ...think about it...............

so it makes no odds if you stop payments now does it...

 

it can't harm you by stopping else they'd be no point in either dro or pro-rata as it shows either would thus be pointless

 

pers i'd go DRO simply contact an approved intermediary

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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Ok thanks guys for all the help & advice

 

I think I will go the DRO option but will open a new bank account somewhere else first etc. 

 

The only other things im little worried about is reading on the DRO it says about I wont be able to apply for credit but what about things like my car insurance as thats classed as credit paying it monthly

 

Plus they say i must not have assets or car worth over £1,000 so what about things like my car worth around 2.5k and as said before when my father passed away he left me his camper that I cant part with its worth about 4k and what about things in house and jewellery etc ??

 

Can they come to house and check and so on

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Depends what the actual book value is, I'm guessing a few hundred quid either way won't make a difference. Besides I would imagine the fact that you are a carer and your wife has a serious disease might make them think twice about taking it away. It's not the time of Charles Dickens anymore.

 

It's also worth noting that we are in the middle of the biggest economic and health crisis in our lifetimes, half the country is getting behind on loans etc. You might be surprised how much forebearance there is right now. If you wrote the pro- rata letters. You have nothing to lose and could still go on a DRO if you wanted to.

 

Whatever you do, your credit will be hurt for a few years, but no matter how bad mine got, believe me far far far worse than yours, i was never declined monthly car insurance. 

 

Not saying a DRO isn't right for you but your no thinking clearly right now, and your going off in all directions and in my opinion using a JCB to try and crack a nut.

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

 

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

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Ok so lets say i dont even say or show ive got the camper will they check somehow and will they or can they come to house and check what assets there and so on

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Calm down you are acting like you are under pressure. You are under no pressure.

 

Bad decisions are made in this situation. Take the weekend off, it will make no difference.

 

These things move at a glacial speed, you are acting like, it’s all going down tomorrow.

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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if will not be  not paying your debtsas you'll have a dro ...then you'll have the money to pay the insurance in one hit soon , so save up.

 

as for the camper van and jewellery, they don't count and ofcourse no-one can come around.

debt is not criminal in this country and the stazi don't go looking at homes.

 

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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ok again thanks for all advice , im going to continue and struggle on paying the wifes debts and maybe look at getting reduced payments but as for mine i think ill go down the DRO route and try get it sorted but will see and open new bank account somewhere first

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Ive opened new bank account etc now so sorting out to get our money etc paid in there .

 

Im then going to cut off contacts with old bank and other debts and apply for DRO .

 

But do i add paypal to the list for DRO or forget about paypal like you said in other messages ?

 

I just want to make sure because i dont want to apply for DRO and then later on paypal comes back to bite me and then i wish is added it .

 

Sorry to be a pain guys but I just want to make sure and to date ive not had any letter or anything from paypal just couple of emails

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Forget paypal

 

And  see if the forest drops thru your door before you go dro...

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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Sorry dont understand Forest ? I take it you mean loads of letters 😀 from paypal or everyone

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yes..but forget paypal..

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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  • 2 weeks later...

ive applied for the DRO and its all being set up ready just got to send them final bank statement etc now then its all systems go.

 

But back to paypal

ive had no contact from them at all in all this time until today

ive had in post a letter from Moorcroft debt recovery limited in stockport saying they have been instructed by paypal to recover the debt and are asking me to contact them straightaway and make payment or agree to come to a payment plan and telling me they are now dealing with it and not to ignore this letter.

 

I can upload copy of letter if want.

 

So my question again now is 

I dont want the DRO all going through and then later on paypal comes back to bite me and be left having to pay then i wish I had added it to the DRO.

 

So what do I do ?

 

Do I add it to DRO or still ignore it

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it can't hurt you to add it to the DRO

but i think you will find as its a foreign registered company/debt

it won't mean a thing to them and the DRO will be all but ignored. 

 

as you safely can with a PP balance debt that does not involve a PP UK credit registered company.

 

there are no examples of PP going anywhere near a courtroom in the uk themselves...

nor of them selling the debt to a UK debt buyer and them trying.

choice is yours.

 

well done on the DRO

 

please keep us updated as it will be a useful thread for people thinking of a DRO to follow your example upon how it goes.

 

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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Share on other sites
  • 4 weeks later...

I'm in load of debt (too much for a DRO) and "owe" paypal more than you. The way I see it is you never made any agreement with them to borrow money, they aren't a credit company, and in fact in your case someone else fraudulently (if true) did it.

I really care not what they threaten as I can't see them having a leg to stand on whatsoever.

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  • 2 weeks later...

 

Who are you applying for a DRO with as you are not eligible?

You have a car worth 2.5k and a camper van worth 4.5k so you cannot legally apply for a DRO. If you haven't disclosed those assets, you are committing a criminal offence.

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On 04/07/2020 at 11:26, dx100uk said:

if will not be not paying your debts as you'll have a dro ...then you'll have the money to pay the insurance in one hit soon , so save up.

 

as for the camper van and jewellery, they don't count....

 

 

Wow. What makes you think that a camper van and jewellery don't count as assets in a DRO?

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2 hours ago, Will Goodfellow said:

 

Who are you applying for a DRO with as you are not eligible? You have a car worth 2.5k and a camper van worth 4.5k so you cannot legally apply for a DRO. If you haven't disclosed those assets, you are commiting a criminal offence.

 

My car probably is not worth 2.5k it is to me but to sell it probably get much less .

 

as for the jewellery i meant the wifes etc but should not be counted really as its hers not mine

plus with the camper since my father passed it was registered in the wifes name so again should not effect and be counted

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Sorry, I missed the bit about it being your wife's jewellery. Regarding the camper van, it depends on which year you inherited it as to whether or not it can be classed as your asset.

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it will be 3 years next month i inherited it but logbook etc was put in wifes name shortly after my father passed because she and my daughter would go off in it for a day here and there down seaside etc while i was busy and work so she used it more than me hence why put in her name 

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:rockon:

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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Posted (edited)

I think you're on very dodgy ground applying for a DRO as the camper van being in your wife's name doesn't mean it isn't your asset. I hope you're on good terms with your wife because essentially you are legally declaring that you gave the camper van to her and no longer have any interest in it. She owns it, can do what she wants with it and can sell it without you being able to do anything.

Edited by Will Goodfellow
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