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By Junkie2222 · Posted
I posted a letter to them requesting more details. I have received this back and also another debt collection letter. Do I need to be replying to the DR company? pcn euro parking_compressed.pdf -
Thanks for the info. With PCH the registered keeper/owner is the finance company. -
Hi, I've just read through the article on baliffs. It's the only place I've found which explains how that limit is reached. That was one of my questions. Thank you very much to the person who wrote that and had the foresight to explain it. My other questions are does it matter if the person is unemployed? For example. If I am a builder but I'm currently unemployed due to ill health. Can the baliffs still take work tools if you are not working? If they can't is there a time limit when they're no longer considered work tools? Say for example you have been off work for one, two, three years due to ill health? -
The question how much did hoist pay for the debt and that was the figure quoted . We’re still waiting for the SAR -
fca dont deal in individual consumer complaints. pers i'd not be kicking any pram wheels here if its true that he is not the registered keeper (and you are) nor are you on an insurance policy in his name as a named driver. which i suspect are both true as he only has a provi licence? it could lead to a claim of fraud against him which will be a lot grander than £5k... be very careful!! there is nothing unusual, special, different, about his HP agreement than any other...it is NOT cause of any complaint. bottom line is you owe him £5k+, you've probably caused his credit file to already be trashed for 6yrs costing him alot more money on higher interest rates and refusal of any new credit for 6yrs this includes a mortgage...you need to get paying this off to him and he needs to reply to their letter of claim. if all above is true i can see no way out of anything now and the fact they sent him someone elses agreement, pales into total insignificancy
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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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