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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

Red Debt Collection Services!


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ok these two posts are taken from the Insolvency rules 1986 (no 1) and Halsburys laws (no 2)

 

i have also found this in the civil procedure rules which is very informative

 

 

PRACTICE type="start" timestamp="1040029633444"DIRECTION – INSOLVENCYtype="end" timestamp="1040029633444" PROCEEDINGS -

 

take a look at this link it should answer your questions

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There is a template letter for a CCA request and Statute Barred Letter.

 

Lowell = Red Debt = Hamptons iLegal = Lowells. Same excrement different notepaper

Could you tell me where the template for these two letters are? :(

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It would seem then Paul that our friends are on dodgy ground with their mass mailings by second class post. To apply for a Set Aside would be in effect admission that you were served.

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I'd go with the Statute Barred letter for openers, that's letter M.

 

IF they can prove that it isn't then we have other avenues open to us.

 

In the mean time take this SD to your local court and get it set aside on the grouds on improper service and vexatious action.

Be VERY careful whose advice you listen too

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Don't be they wont bite.

Remember this is a CIVIL action and as such no record.

 

I have found the court officers to be very helpful, after all they are there to ensure fairness.

Be VERY careful whose advice you listen too

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I'd go with the Statute Barred letter for openers, that's letter M.

 

IF they can prove that it isn't then we have other avenues open to us.

 

In the mean time take this SD to your local court and get it set aside on the grouds on improper service and vexatious action.

 

What will happen at court? :eek: I'm really quite scared about it all!
Lowells wont know what hit them when they get all these applications for set asides:D They probably thought their confetti blitz would have brought lots of scared people to phone the Call Centre Bullies with lots of Money Money Money:rolleyes:
  • Haha 1

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Here you go. Template M for Statute Barred and Template N for a CCA request http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html :)

 

Do I need to write anything else on this letter??? just send it to red or do I send the Staute Barred letter to capital one?

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Red may well come up with an imaginary pament some time in 2002. If they do its up to them to prove you made it. However wait on their response and we will take it from there

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Yeah I would head it I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

Least they'll be able to understand that.

Also DON'T use your normal signature, if you sign it at all.

It's not unknown for DCA's to get a little happy with photoshop.

Be VERY careful whose advice you listen too

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It's unlikely that thy will be able to supply an agreement or demonstrate that the debt is not statute barred. The account is in dispute and that is sufficient reason to set aside the SD.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It's unlikely that thy will be able to supply an agreement or demonstrate that the debt is not statute barred. The account is in dispute and that is sufficient reason to set aside the SD.

 

Once they set aside the SD what happeneds then??? Is it set aside while the dispute is resolved or is that an end to it????

 

I'm sorry for being really thick about all this but I've never had to deal with anything like this before!!! :confused:

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One thing I think we all forgot to ask was is the SD for over 750 pounds?

I'm not too sure about going to court though.....what will I need to do?
Initially all you need to do is file for the set aside at the court. You'll then be given a date for the set aside hearing. It is more than likely at this point that Red will withdraw the SD application as they are aware they don't have a leg to stand on. That will be an end to the matter. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122157-debtweary-connaughts-success.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Mad as Hell! - i understand that you are nervous about the court threat but....

 

i have been to court, it was quite enjoyable if i am honest!!!!

 

plus there is very little chance that you will ever have to attend court. even if you did have to attend, you will have no end of members on this site who will not only assist your defence, but will actually go to court with you.

 

anyhoo, if you send a CCA request which is not responded to, court action is out of the window. no CCA, no proof that you are in debt

 

sorry DCA's, but thats what it boils down to. unnnnnnnnnnlucky!!!!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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One thing I think we all forgot to ask was is the SD for over 750 pounds? Initially all you need to do is file for the set aside at the court. You'll then be given a date for the set aside hearing. It is more than likely at this point that Red will withdraw the SD application as they are aware they don't have a leg to stand on. That will be an end to the matter. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122157-debtweary-connaughts-success.html

 

yeah it's for £1400 approx!

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Just had a thought guys the SD I've received doesn't have a court stated on it. It just says "your local county court, or combined court" and gives you the telephone number of their office in case I would like advice from them.....so do I do just that to get the SD set aside go to my local court?

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Yes you hand in the application for a set aside to your local court.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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