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    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
    • I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
    • Thanks for coming back to us. There are no guarantees - but remember that so far MET have not had the guts to put even a single case before a judge.  Not once. Yours is one of seven court cases. Three ongoing like yours. In two MET bottled it as Witness Statement stage approached. In one the allocating judge decided their Particulars of Claim were rubbish and threw the case in the bin. Just the one victory by MET by default when the motorist stupidly didn't file a defence. So there is every chance that MET will throw in the towel in your case too if you stand firm. Please keep us informed of what is happening. Regarding being abroad, that is no reason for things going wrong, you can request an on-line hearing and we've had several cases where the PPC gave up when the motorist moved abroad. But please keep us in the loop.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Help with late fee


rutland3
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Hello,

 

I'm after some advise please regarding a small loan from Creation which will be finished this month.

I changed banks from Santander to First direct in February 15. I watched the new account very closley the first month to ensure that all my direct debits set up on the old account went out as they should have. Which they did!

 

Fast forward 2 months and this morning I've got a warning from Credit Expert telling me that I have an account that's been flagged with 2 late payments.

 

I phoned Creation to find out what's happened and they will not discuss the matter with me even though I've gone through the required security check, but they did let me get the payments up to date and pay them the £60 in late fees that they placed on my account!

 

I phoned First direct to find out what had gone wrong, First direct have informed me that it was the originator ie Creation that cancelled the direct debit and not themselves which they are willing to provide in writing.

 

Any advise as to what I should do would be welcome.

 

Thanks

Edited by rutland3
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go get those fees back by reclaiming.

 

 

the FCA regard them as unlawful penalties.

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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  • 7 months later...

Hiya - I have just gone through the process of reclaiming penalty charges from Creation, dating back more than 10y. They did not reply to a single letter, not polite enquiry, not prelim, not before action and finally not the formal Claim. I've now gone for judgment against them. Can't say if this will end with a cheque in the post or suddenly C asks for a set aside and tries to challenge - however clearly C does not listen or reply. So just dig out all your statements and see how many £20 or £12 charges they added over the years and then fill out the Compound Interest spreadsheet to work out how much C owes you rather than you owing C !!

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