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    • Sounds a bit obsessive to me! Anyway – well done because many people simply don't bother. A shame that the purchaser won't get directly involved. If you find yourself with this kind of thing again – if you agree to a courier, I would suggest that you ask the purchaser to provide you with the money and you make the contract and keep control of it. That way there is no doubt. I'm afraid that with purchases, once they get refund – they tend to lose interest
    • Of course the Harrison/Hudson/YewTree people are following the threads on this forum so they will know that the claim has been issued. He had better warn his dad. Also, we've got the other person – I can't remember her name who comes along and pretends to work for the Midlands police. What a load of shysters – the lot of them
    • Thanks for this update. Hopefully you have read enough of the Hermes stories to understand that this is one of their standard replies and also you understand the argument to defeat their position on this matter. Frankly I think you should be absently assertive and you should simply let them know that you will be sending them a letter of claim. You might even want to draft it and send it to them on Friday. No point in mucking around with these people. They will knock you around and they need to realise that you understand all of the situation and that you won't be bullied and that you are taking control.
    • Hi BankFodder,   Thanks for your response, they have finally emailed me back and tried to tell me I'd need to go to Packlink, I have responded saying I don't need to go to Packlink as they were the ones handling the package and were negligent enough to lose it, this has nothing to do with Packlink.   I had a 20 minute argument with Hermes on the phone on Saturday about the same thing as they kept saying "you need to go to Packlink" I eventually asked them how a parcel just disappears into thin air and they actually admitted that even though they told Packlink the item was lost no one has done a warehouse sweep to try and locate it.   They are currently doing a warehouse sweep and will get back to me either tomorrow or Wednesday. So I'll be sure to give an update on what has been discovered.   Thanks toys
    • Stabbed in the back and screwed at the same time you mean, I would laugh but it's not funny is it. This is peoples lives and their families future they are messing with.    I put your argument to NDL without mentioning it as advice from CAG. I also advised NDL the sole nature of the restrictions being against the interest in the property and not the property itself, which is jointly owned. This was their response:   You're likely to find in practice that the creditors will refuse to release the restriction unless they are satisfied that their debts will be settled to their satisfaction. Likewise buyers and their representatives tend to be reluctant to proceed until these restrictions are lifted. Otherwise the restrictions serve no benefit for the creditors. The Land Registry won't allow the restrictions to be withdrawn unilaterally without good reason. We don't purport to offer legal advice on conveyancing issues here so you're best to approach the conveyancing solicitors directly if you wish to discuss the finer points. We can only advise on how this tends to affect such transactions in practice.   They then unilaterally ended the chat! I guess they didn't like my response then?   I have to say that NDL advice makes perfect sense to me: why bother with restrictions if they are worthless in our circumstance; sole debt and joint ownership? why would the buyer proceed to completion from a risk or moral perspective as they have nothing to gain why would Land Registry allow the restrictions to be withdrawn unilaterally without good reason This is a big call and literally makes £000's difference to what we can afford when we downsize.    My gut feeling is once the vultures know we are proceeding with a sale they will hold out for 100%. They will find out if I attempt to negotiate or if a conveyancing solicitor informs them during the conveyancing process.   How do I manage the process so that: The buyers and their conveyancer do not insist on the restrictions being cleared pre or upon completion The vultures do not find out until after the completion date For the time being it's as you advised do nothing. I do need to monitor this and plan ahead though.
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
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    • 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
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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Restriction K question


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We are due to complete sale of our house end of October, however our Solicitor has informed us today that there is still a Restriction k on land registry when Link managed to get one after us losing a claim back in 2012. Since then they have made no real attempt to collect, but instead just sit it out I guess until we sell.

 

To be honest I cant even be sure who the original debtor was but think it was an old Barclaycard debt from 2009.

 

Our solicitors are saying they will clear the £4K owed on completion, but I seem to recall that this doesn’t need to be done. Am I correct, and os it likely to delay the sale ?

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you are correct.

 

 

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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Thanks dx I did read these post but wasn’t sure if they ended well.

 

I suppose it depends on how nervous it would make the buyer, and if their solicitor was happy to play ball.

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