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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

Recommended Posts

I had a payday loan from Kabayan Finance since 2012 but the record that they gave me was only from 2014 and I cannot access anymore my bank statement year 2012 and 2013.

 

I keep renewing it right after I paid them

I did complain to them but they said that the loan that was granted was affordable and they had done the checks and submitted my bank statement.

 

My bank statement was always overdrawn and I know the bank statement was only to confirm if my wages comes in this bank on the said date so they can deduct it.

 

Please I need some advise and if I want to take my complain to the ombudsman.

 

Thanks

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well from one bank statement, they would not be able to adjudge affordability , however their main source of info would have been your credit file at the time.

 

if that was littered with other loans, late payments and defaults, then it would strengthen your IRL? claim

 

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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Completely Legit I see...

 

NEVER...

EVER...

APPLY...

FOR...

A...

PAYDAY...

LOAN...

 

From a company that has a mobile number for a contact number on their website... 

Aside of my rant - How much was for the loan for? 

How much do you have to pay back?

Did it rollover? 

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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SUMMARY OF YOUR PREVIOUS LOANS WITH KABAYAN FINANCE Loan # Loan ID  Principal  Interest Term  Date Taken  Date Repaid  Remarks  
1 190319 £700.00 £350.00 6 08/08/2014 06/02/2015   
2 191987 £400.00 £200.00 6 07/02/2015 26/08/2015   
3 195080 £700.00 £350.00 6 02/09/2015 26/02/2016   
4 197052 £800.00 £400.00 6 27/02/2016 26/08/2016   
5 198835 £500.00 £175.00 3 27/08/2016 28/11/2016   
6 199862 £800.00 £400.00 6 29/11/2016 15/06/2017   
7 201375 £800.00 £400.00 6 06/07/2017 15/01/2018   
8 205004 £1,000.00 £38.36 6 29/01/2018 12/02/2018 Withdrawn 
Significant Break in Lending 
9 208217 £1,000.00 £500.00 6 24/07/2018 07/01/2019   
Significant Break in Lending 
10 217286 £1,000.00 £500.00 6 29/08/2019 12/02/2020   
11 220762 £700.00 £350.00 6 19/02/2020 07/09/2020    

 

They did not include when i started taking loan from them from 2012

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