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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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    • 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

Removing name from house & right of share

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Hi all,


Not sure if this belongs here or another sub-forum - this is on behalf of a close friend so I might act as a go-between to get any further details required.


Mortgage remaining: 280k

Valued: Circa £500k

Term left on current mortgage: 12 months

Person 1: Main owner of house but Close to retirement

Person 2: Son of Person 1 and on title + mortgage

Person 3: Another son who pays towards mortgage but no name on house or mortgage


Long and short of it is Person 1 has lived in this house for 30 years+, constantly had financial problems and lived pay-cheque to pay-cheque and when the current mortgage term started 4 years ago, she could not get a mortgage on her own.  Person 2 therefore stepped in and put his name on the title and mortgage however has not paid a penny towards it in the 25 years or so he lived there or the 4 years he has had his name on the title + mortgage.  Person 2 also made Person 1 remortgage 10 years ago to take a chunk for his studies - also none of it paid back.

Person 3 on the other hand has paid her way monthly without fail for 18 years.


Fast forward to 2021 and the term is due to end, Person 1 knows she cannot get a mortgage on her own due to age/retirement 

Person 3 wants to step in to take over the property altogether (and can afford it)

Person 2 ... I'm sure you can guess where this is going... wants a chunk out of the property.


Options are from what I can gather...

1. Sell-up, get the 200k odd from it and put it down as a deposit in a downsized property with any extra Person 3 taking on I suspect as a mortgage

2. Re-mortgage on Person 2 only (not an option)

3. Re-mortgage on Person 3 - an option but only if Person 3 is getting full title

4. Do nothing, probably default and there is no winner here as Person 1 and 2 have a default on their credit, house is repossessed and person 1 is homeless.


So questions are...


1. Does Person 2 while on title, have any rights to the property in terms of value?

2. On the basis of the above being yes, is there a way Person 1 and/or 3 remove this right on the basis he has only ever been a name and no financial benefit?

3. Are there any other options?


This does indeed sound like internal family politics driven by Person 2 greed but this is at no concern to the rest of the family, the primary concern is Person 1 has a roof and does not mind relocating and downsizing especially as they're on their own now


Thanks in advance




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I would say that there is a constructive trust in favour of person number three and I'm not sure of how it's all done but there is a way of making some unilateral registration of their interest against the property. They want to look into doing that now.

In terms of the entitlement of the "legal" owner – it may be that that person simply is a trustee and has no beneficial interest.

I think this is one for professional legal advice from a land law specialist

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