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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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Hoist/Rway - Very old barclaycard debt - offered 90% off to settle


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I just got a letter from a debt collector about a debt I am sure I talked about on this site about a decade ago! (could not find my old username or pass)

 

The letter is offering me the opportunity to pay 10% of the outstanding amount, which amounts to just below £100 and even offering me instalments -  I am certain that it has been longer than 6 years since I acknowledged this debt (I was trying to get some action with regards to charges in about 2012 and they

started ignoring my letters.)

 

So,

a) could this be some kind of trick to get me to acknowledge the debt...and then get the full amount* out of me?

 

b)Is there anything actually in it for me to pay this amount? (£100 isn't a trivial amount, but it is affordable now - but my credit score does not seem to be affected by this too much, I have two other credit cards that have been issued to me in the last few years). It does say my credit file will be updated to say "partially satisfied".

 

*The full amount would contain fees that I was fighting to reclaim, and what got me into the position in the first place - I had no objection to paying what was owed, this whole thing started with pernicious charges.

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name names , type of credit etc and have you moved since you took this out?

and latterly failed to either inform the original creditor nor the debt buyer of your new address?

 

 

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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The company is called Robinson Way, it was a Barclaycard credit card.

 

I  moved about 12 months after Barclaycard stopped replying to my letters (re the charges, 2013) - so I did not tell them about my moving,

 

at the time of the original debt I was living back with my folks; so this most recent letter was sent to there, and my folks forwarded it to me - and likewise, if they had sent me anything in the interim it would have been forwarded to me.

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  • dx100uk changed the title to Hoist/Rway - Very old barclaycard debt - offered 90% off to settle

if its Statute Barred and no CCJ on it the SB letter to Robber's Way the partially Satisfied ?  would they potentially be resurrecting something that has fallen off the Credit Files DX would paying it do that?  Deffo check your credit files to see if anything lurking

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once sb'd always sb'd.

if he paid, it would be fre money for robbersways xmas party drinks bill.

 

it's quite usual for most dca's to send out 1000's of like letters this time of year.

 

go ring BC and ask your last payment date if you are not 1000% sure this IS statute Barred.

 

if you are , the send them our SB letter from the debt collection section of our library.

as you cant remember anything regarding your old log-in, it's a shame we can't see the old info we gave.

 

however, along with this debt, you really should not be ever moving without in WRITING informing debt owners of you new address

you run a serious risk of a backdoor CCJ. this mostly applies to debt yo last used/paid within say the last 7yrs.

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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