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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
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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
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Lantern chasing old Safety Net Credit loan


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Lantern keep sending me letters about a old PDL from Safetynetcredit i took out around 2016 and never paid.

i sent a CCA request and a few days got a letter from them which states " please see enclosed a constituted agreement" ..

which has nothing on it not even any signatures just some dates from 2016.

 

im obv ignoring them until a LOC but my guess is they don't have the original agreement but if they took this to court would the constituted agreement hold up if they took me to court?

 

cheers

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dunno till we see all the return scanned to one multipage pdf

read upload carefully.

 

did you have lots of loans at that time and your credit file was shot with defaults?

 

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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looks to have everything it should

it was an online sign up so wont have a sign just your printed name at the time you applied for it

though they should also retain the IP address used.

 

so a couple of years left till SB.

i wonder why safety net sold the debt, did you just totally ignore them and remove all chance of them getting their CPA?

 

 

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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until or unless you get a letter of claim.

no they don't have to send an original as its post apr 2007 electronic sign up changes to the CCA.

what they have sent, bar no IP address? looks enforceable to me.

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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