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    • I have done so now I will see what they say.
    • Hi all,    So long story short, I have just received a notice of debt recovery in the post from dcbl. I opened it because it was addressed to Mr. so and so (my surname but for both first and last name) for an unpaid parking charge that was given back in 2017. I looked up the number plate and the car was actually my mothers car, same initials but different addresses. I think they may have chanced sending it to my address as this is the first time I have received any letter of the sort.    Should I call them and tell them this isn't the right address or just ignore it.    Thanks.   
    • Thanks dx100uk - I'm not sure what the council will do next so will wait and see and update later if there are any developments. Thanks to all on the site for the advice. This has been hanging over my head for so long - wish I'd done it sooner.  
    • You can't really legislate for what may or not happen....get the credit and then see what transpires.   Andy
    • Don't worry about it. Hermes try to wriggle out of every piece of obligation that they have. As soon as you put your parcel into the care of Hermes, it is up to them to look after it and if they are careless or if there staff are criminal – then it is up to them to deal with the problem. They can't pass the buck onto their customers. Can you tell us more about the dates, what it was, value – et cetera. Have you got a formal rejection of your claim from Hermes on the basis that it was stolen? Please could you post up in PDF. If you have some other notification from Hermes that it was stolen from the van then please can you post that up in PDF format. We would love to see it. Spend some time reading around a good dozen or so of the Hermes threads on this sub- forum so that you understand how it all goes. You're pretty well guaranteed to get your money back – but Hermes as usual will spend more than the value of it trying to block you. I don't know what Hermes business model is but it makes no economic sense to me to spend so much time trying to deprive their customers of what they are entitled to along with the reputational risk. Once you have read around the Hermes stories and also once you have read about how to bring a small claim in the County Court, come back here and we will take you through it.
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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
    • 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

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Hello, I wonder if anyone can help. My ex-partner lived with me for 2 years, August 2016 to August 2018. I threw him out due to his gambling/drug addictions and constant debt problems. I immediately removed him from the Council Tax and I am the only occupant on the Electoral Roll (I’ve checked). Since then, he has lived a nomadic existence across Britain, living either in his van or short-let digs.

 

I am constantly getting letters which I guess are fines (usually parking etc I assume) and debt collectors. I return them to the sender and/or occasionally pass them to a mutual acquaintance yet, despite my repeated insistence, he will not and has not informed the DVLA that he is not at this address. He moves from city to city leaving a trail of destruction in his wake — no sooner do I get rid of one lot, the next City Council starts. The latest are from the Brighton/London area (hundreds of miles from my home). I can’t even give them a forwarding address because he lives in a bloody van!

 

In desperation, I contacted the DVLA myself last year but they were no help, and said the only person who can update them about contact details is the vehicle/license holder.

 

Last Tuesday, I had a Removal of Property notice from Marstons on behalf of Southend-on-Sea city council. I immediately rang the bailiff and gave him the only contact I have for the debtor (a telephone number). I sent him photographs of my CT bills and my ID, and apparently he spoke to the debtor who confirmed he was homeless, jobless and had zero money or property. But, because the fine is to my address, the bailiff says the warrant still stands.

 

I have sent copies of all documents by recorded delivery to Marstons (should be there today), and emailed them cc’ing in the Council. I am also awaiting a phone call from my solicitors to see what I can do to stop all this. I would report the debtor for fraud but guess what — he lives in a van and the only place the police would look for him is my address!

 

As a single woman living alone, I am literally ill with worry over all this. I have never been in debt, never had so much as a parking fine or speeding ticket, I have a business and a lovely home that is my sanctuary that I’ve worked extremely hard for and I’m in bits at the thought of ruining all this. On Saturday alone I had letters from Brighton Council and the City of London, I don’t have the time to contact every single one of these people to provide proof that he is not here (not that it seems to make any difference to the EAs).

 

I’ve considered letting the bailiff in to search my house to prove I’m on my own, with not even a partner who stays over. I’ve even considered paying the bloody charge myself (£423) just so I can sleep at night withought the fear of the bailiff returning. Please help!

 

 

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keep doing what you are doing

i don't know of any 'magic bullet' that would stop all this, but to date your actions are correct.

 

there is most definitely no need to pay anyone anything

and defiantly no reason to allow a bailiff entry.

neither of which would solve all the issues.

it is very very rare forced entry is ever granted.

 

you have proof he is no longer resident there for over 2yrs by the CTAX bills

so stuff and all anyone can really do to you.

 

it might pay you, should you wish

to next time pickup you mobile phone if you goto the door and film the bailiff(s) being told and shown your proof.

 

hopefully our better experts might have additional ideas...

 

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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Many thanks, dx :) It seems so unfair that there is so little I can do to stop this. Part of the problem is that the returned mail doesn’t seem to reach the creditor half the time — the letters keep coming and, unless I somehow pass them to my ex (who apparently just ignores them), they reach the point of enforcement and I’m left to deal with it.

 

Is it worth making a Statutory Declaration of property/goods?

 

The irony is that I totally understand why EAs are sent — the debtor is indeed a dodgy b*gger who has no intention of abiding by the law — and I’m sure they get people lying to them all the time. But I’m not lying! It’s just proving that that’s the problem :(

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And as is NOT criminal they have no right of entry if they did turn up, you film them with your phonee through the letterbox if neceassary, asDX indicates you have done all you can.  It would not go well for Marston if they did enforce against you, as they risk breaching GDPR by releasing 3rd party debt and data to you.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Firstly you need to contact the Police, get a case number for fraud and a marker put on his vehicle, he'll get pulled and then maybe he'll stop.

 

He's doing it because you're an easy target, change that.

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