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    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   2: Notice of Assignment*   3: The Default Notice*   4: The Termination Notice*(if applicable for loans/HP/)   5: Statement of Account*   6: [any other documents mentioned in the Particulars of Claim]* "       What should i be deleting as could number 4 be classed as a loan because its a credit card?
    • Hi dx   Post 23 letter has been hidden as has a name in it. I did read the thread and in post 7 saw mention of 'must complain within 3 years of being aware it was mis-sold' if this is what you are referring to? Also my policy is live currently.   I think you know this, but it seems the RBS/Halifax agent doesnt know, that 'I became aware it was mis-sold just before I raised my claim (2019) having read a media article'  as I dont think the PPi team showed them the original claim form maybe, who knows.   Expanding, sorry I missed the word PPi after 'loan' in my post you quoted and highlighted. To be clear, the life protector was not for a loan, but a mortgage, and that mortgage did have a mis-sold PPi on it which they have admitted and refunded.   If it helps, I have several mortgage offers here from 1999 and they say 'Minimum life cover to be assigned to the bank'    The odd thing here is, I started the mortgage and PPi in 1999 but it was 2003 this life assurance started. I do categorically recall being told it was something I had to have though.   Many thanks   E 
    • MP's are good for other things but for some reason are not very good for Council Tax.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
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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
      • 33 replies

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Hi Everyone....

 

Let's just sum it all up and say maybe I have not been physically hurt by debt, but certainly I have been worried sick and just totally demoralised by it.

 

I think that probably applies to almost everybody who has been subjected to the emotional trauma caused by debt to some extent.

 

I found the having very restricted options was the worst part. Having to choose to pay the rent or buy a birthday gift, things like that.

 

I really wonder if there is any correlation between the increase of depression diagnoses(sp.) and rising consumer debt.

 

Somehow I think it a plausible argument.

 

For me, it's time to help others as much as possible - its time.

Even if I can put a positive outlook by accident - every little helps.

Happy to by onboard.

 

Simon

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself 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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I don't doubt that debt features in many cases of depression or stress related illness; when I did a suicide intervention course it was cited as a significant causal factor. Indeed, I have dealt with a case where an individual wanted to commit suicide directly because of debt - or rather, because of the way he'd been made to feel by DCAs.

 

The way we feel when we are in debt has a lot to do with the way in which debt is perceived. Historically debt has always been seen as a Bad Thing - a couple of hundred years ago there were debtors prisons, and even now being in debt is not something most people want others to know about. I can remember being told at school 'neither a lender or a borrower be'; saving to get what you want was seen as the approved route to happiness. Nowadays various factors - high prices of homes and cars, for example - mean that for most people some borrowing is essential.

 

I am struck by the way in which financial industries exploit people. They have successfully normalised borrowing, so that individuals who don't have credit cards, hire purchase and mortgages are perceived almost as outsiders. If you don't borrow money to buy a nice house, or a better car, or more exotic holidays, you are letting your family down. When it all goes wrong, however, they revert to the old values - exploiting the sense of shame that many feel at being in debt, playing on old ideas of Court appearances and bailiffs knocking. The way in which they suggest that, even though a debt is unenforceable, there's a moral duty to repay it, and so on. It is this sort of manipulation that annoys me so much.

 

For those empowered by CAG, however, things do not look as black. Being able to deal with creditors and DCAs on an even footing improves the mood no end. Having the support of others makes a huge difference. Perhaps the NHS should sponsor CAG - just think of the money saved on anti-depressants!

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I've been through depression and debt, although I'm not sure which came first, they do seem to co-exist rather well. Due to the depression, I wasn't earning so the debt spiralled out of control, the depression got worse and a whole vicious circle started.

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My own experiecnce of DCAs is that they use any information they have on you regarding your health/disabilities to make your life a living hell.

 

Numerous DCAs, banks and so called solicitors have all done this to me over a number of years until TS stepped in and told them off. I'd already tried numerous times, but they just didn't listen. Instead they used this information against me and drove me almost to suicide until I found this place in sheer desperation. The very DCAs etc. involved in these actions obviously strenuously denied to TS that they knew anything of my disabilities and longterm health issues :rolleyes: A very kind guy at nationaldebtline told me about CAG ;) And I shall always be eternally grateful to him :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 1 month later...

Its a vicious circle really, from my own personal circumstance was diagnosed with extreme high blood pressure - which should have caused me a heart attack or at least organ damage. 250/180.

 

But luckily found out, had tests and nothing wrong - now taking medication to regulate the blood pressure.

 

All this was brought about by stress relating from the debts which I had incurred and having to work hard in the extreme to be able to service them.

 

Whilst there is obviously the issue of personal responsibility, I readily admit I got myself into a bit of a pickle financially... the banks are guilty of irresponsible lending.

 

Recently had Citi offerred me a limit of £15,800 on a credit card, when the opening limit was in the region of £900. The banks want to trap people into as much debt as possible so they become an ever increasing revenue stream... a form of financial slavery if you will. And use intimidation, and the threat of bankrupting you and seizing your assetts if you don't pay/

 

I am now addressing my debts, and feel much better with a sense of control over what had once got out of hand.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 1 month later...

I Am Totaly Tired And I Am Only Working To Pay Off Debt Bank Has Charged Me Twice Today 38 Twice Int20pounds Half My Wages Hubby Wages Payed Bank Loan 250 Plus 25charges His Bank Only Have 30pounds Left To Feed My Fam All Week Need Electruc Card So We Are Hungry Arguing All About Money Bank Just Dont Care There Attitude Stinck

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Know how you feel.

 

The banks are there just to extract money from you, and nolonger care about the customer and their circumstances however difficult.

 

The good thing is that if you can demonstrate you are on certain benefits, or are in financial difficulty, if you decide to proceed with legal action you shouldn't have to pay any fees.

 

When you talk or correspond with the banks normally you won't have any joy, so legal action is probably your best option.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hi dalmation,

 

Do you mean your bank charged you 2 X £38 on the same day? If so, for what exactly?

 

Do any benefits go into your bank account? If they do, the bank CANNOT take them for charges. If they have, contact the department the benefit/s comes from and tell them. They will then get it back for you and tell your bank they are not allowed to do this.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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hello all, i have suffered from depression for nearly all of ny adult life,

due to my disfunctional family. and my failing sight

but i do beleive that debt problems definately can cause depression or worsen it, i am presently dealing with a charging order application ,that i was unable to deal with at the ccj stage because of the depression,

i ended up with bells palsy at one stage my doctor told my to avoid stress !! i wish said i!! my blood pressure is extremely high ,but i think i will be until or if i get my life sorted out

but finding this sight has given me a lift emotionally,and has made me realise that i'm far from alone and everyone gets and gives great support to others on this site have a good weekend at least the DCA'S don't call much at the weekend!! best wishes

Diane

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Guest forgottenone

My own experiecnce of DCAs is that they use any information they have on you regarding your health/disabilities to make your life a living hell.

Entirely agree with that. In fact, I cannot find words to describe how abhorrent knowing they do and can do/use that against another human being. For it's certainly inhumane. And if they can drive someone to the grave, they simply damn well do not care how they pursue you. Or how.

 

I could say more but, my own ailments aren't up for discussion on this forum as it's not the correct place for them except to say have been on the receiving end of what BB describes, know exactly how/what they say to you, that damages your health inhumanely but that I am sick of seeing them getting away with it. Assaulting someone's health, when they are already in a fragile state, finding it hard to cope with illness, debt, other daily pressures/anxieities is, I am afraid to say, utterly evil and should be treated as nothing less than a criminal offense. Trouble is, it isn't. And, if it is, these lowlifes doing that to people just wriggle their way out of it.

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DCAs, even members of their so called prfessional body, the CSA, break their own guidlines regarding the treatment of customers with mental health and disability issues. From the Credit Services Association website's own code of practice:

 

m) Have due regard and deal sensitively with individuals where evidence has been given, or is apparent, that the individual is incapacitated by mental or physical disability.

 

Here's a link to the whole code:

 

CSA Website

 

And just look who are members:

 

CSA Website

Edited by babybear39

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 2 weeks later...

I have a letter from my GP outlining a ongoing mental health issue from 1993 to 2006; while stable now it could get worse at anytime.

 

i have claims in with HSBC and Nationwide, as well asking for relief with the Student Loans Company with this evidence.

 

HSBC and Nationwide have stated it would be unfair on other customers to offer any kind of refund; not even looking at the health issue!!....they are only interested to see a 'regular income' into the account.

 

SLC don't think i am due any relief due to the illness....

 

Do any of these institutions actually give a rats arse????

 

I've reached the stage of being utterly frustrated.

 

The nationwide account is sitting there with charge accruing, i intend to move my HSBC to a parachute account and go to court with the SLC....

 

what else can you do!?!?!?!?

Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

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I have recently been diagnosed with peptic ulcers. I'm sure constant stress caused it. Very painful! :lol::lol::lol: I am slowly recovering on medication after visiting my GP months later than I should have. Silly me.

What sort of world do you want your kids to grow up in?

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Hope you feel better soon renegotiation *hugs*

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thank you kindly Babybear. By the end of this year I hope to have my life completely back on track and free of debt and harassment! I feel very sorry for all those currently entering the cycle. What a big mess this country has got in to! :(:(:( It certainly isn't as bad in the rest of Europe, though debt does of course exist.

What sort of world do you want your kids to grow up in?

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You're very welcome renegotiation :)

 

The DCAs and my health almost finished me off last year.

 

After great advice from nationaldebtline (who advised me to come here), CCCS and of course the wonderful people here, I've managed to turn my life around as far as the debt goes and complete my first year of my degree :D

 

I'm still disabled but it's nice not to have horrific DCAs after me all the time now :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Well Done BB for completing the first year!

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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You're very welcome renegotiation :)

 

The DCAs and my health almost finished me off last year.

 

After great advice from nationaldebtline (who advised me to come here), CCCS and of course the wonderful people here, I've managed to turn my life around as far as the debt goes and complete my first year of my degree :D

 

I'm still disabled but it's nice not to have horrific DCAs after me all the time now :)

 

Good job Babybear. I'm still finding it a little eerie without the phone going off all the time! :lol::lol::lol:

What sort of world do you want your kids to grow up in?

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well done babybear keep up the good work with your studies,i'm sure you will do well,it's great that you find time to give advice & support to others on the cag , bless you

ziggy

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Most of these companies forget they too are also human and while they do have a job to do it is how they choose to go about it that is the problem:mad:. I felt myself reaching breaking point at a time when I was already overloaded from raising my family on my own, studying, fighting to obtain money due to me and keeping on top of the already mounting bills that turned into debt. The loss of a friend last year had me knocked about and though I tried to regain control with the start of 2008, ever increasing cost of living and children needing things that their absent father is not helping to ease the pressure.

 

One day I am feeling like I am barely coping but coping I am and the next I am feeling like I am loosing my mind, being hounded by companies one in particular that at one point I sat in my car and found myself about to explode....I went to get away and try and get myself together as my children depend on me, but I came home to more troubles and at this point just wanted to cry, panic attacks set in and basically feeling like I didn't know my ass from my elbow, not eating or sleeping.

 

My stress took its toll on my children my eldest cried because I exploded and told her how I felt but I'm not a crier, its hard for me as being the adult and the only adult my children can depend on meant I didn't want to lose if for fear where I would end up or my children, all of this is as a result to debt.

 

I tried to tell my dad I couldn't cope but he didn't seem to hear or just has a permanent case of denial:rolleyes: I feel so alone in this world and though I have friends I just wish there was someone to share all these pressures bills debts and worries if I am doing right by my children etc.

 

CAG has been wonderful for obtaining information and has changed what was just a black and white view according to all those demanding money, i.e. you owe it so pay up, now I can relax more and can question things make my own demands of the same companies that were hounding me. And instead of feeling alone, something happens and I cant find the answer I post the question and someone answers it for me.

 

I still have my twitch and migraines not so many panic attacks though and don't feel like I cant cope as much as CAG has also enabled me to find the fight that I had began to lose, I don't fear answering my phone lol I answer withheld now too and have even faced up to what debts I do have and now open the mail instead of throwing em in a box.

 

People have said I am strong but there are times when I need someone to lean on and don't feel I have any fight left in me or just am too tired to fight. And my experiences with various companies has just taught me, their customer service skills on how to handle customers really needs updating.

 

In any customer service role employment I have ever done I have always believed in treat the customer as you would want to be treated but I guess a lot of the companies have never thought of that and believe bullying gets them more progress and it is now time to show these companies consumers wont be bullied hounded or terrorised in order to meet a payment arrangement that one really does not have the money to pay.

I'm fighting back and ready to go :D who will be my first victim? LBL, Brighthouse.

 

..."If you have no confidence in self, you are twice defeated in the race of life."

 

I am not here to insult or offend...just to offer advice and seek advice as all this is a learning experience, such is the cycle of life...for those that would wish to insult me for my thoughts or deeds...Stay Blessed for I know my heart is pure with no ill thought towards YOU. :cool:

Nationwide Won:D Benefits returned £577

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My opinion is that its being treated like a 'non payer' that makes it so stressful & degrading. I think the systems approach needs to be flipped on its head.

 

Instead of having zero tolerance & treating everyone like a ****** thats gone out of their way to rip a company off & is refusing to pay, everyone should instead at first be treated like someone who is in a situation where they cant pay the full ammount due to personal circumstances & be able to keep some dignity. And if they dont make any payments at all then it should be assumed they arent willing to pay.

Innocent until proven guilty type thing.

 

At the end of the day if someone can only afford to pay £10 per week, all the threats & letters in the world are not going to change that fact. All that will happen is the person will bang their head against the brick wall they are up against trying to find a way out of the situation that has no way out, & the threats & letter will take their toll on the person mentally & physically while they beat themselves up for only being able to pay £10 per week.

 

I know my head would not be in the mess it is now if I were being treated with some kind of understanding.

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My opinion is that its being treated like a 'non payer' that makes it so stressful & degrading. I think the systems approach needs to be flipped on its head.

 

Instead of having zero tolerance & treating everyone like a ****** thats gone out of their way to rip a company off & is refusing to pay, everyone should instead at first be treated like someone who is in a situation where they cant pay the full ammount due to personal circumstances & be able to keep some dignity. And if they dont make any payments at all then it should be assumed they arent willing to pay.

Innocent until proven guilty type thing.

 

At the end of the day if someone can only afford to pay £10 per week, all the threats & letters in the world are not going to change that fact. All that will happen is the person will bang their head against the brick wall they are up against trying to find a way out of the situation that has no way out, & the threats & letter will take their toll on the person mentally & physically while they beat themselves up for only being able to pay £10 per week.

 

I know my head would not be in the mess it is now if I were being treated with some kind of understanding.

 

I used to become very stressed by bills not even debts till my week long migraine attack and being told to go to the Salvation Army for a food parcel by DWP made me realise, you cant get blood out of a stone?

 

I was advised by one bailiff company to go and get a loan to pay them, I told them how you going to advise me to go and put myself in debt to pay you, her reply....your already in debt:o Yet the actual amount I owed was bumped up by THEIR charges which was an amount I didn't even owe, I let the bailiffs return it to court after speaking with the fines people and the debt was drastically cheaper without the bailiffs charges:rolleyes:

 

I am no ones mug, the important thing is the roof over your head and food and fuel, yes you have to also acknowledge fines council tax...but all the rest I say do your worse you don't faze me.

 

I helped a friend write to cabot after they went through an expenditure form, recognised she was barely meeting her bills with not much to spare, she made an offer which they refused and wanted £100 per month even though the employee saw she could not realistically afford that per month.

 

Companies like British Gas, Bright House etc who really need to teach staff the etiquette of dealing with people as HUMANS first.

 

Being polite is not hard as they must have learnt by now you catch more files with a spoonful of honey than a gallon of vinegar. And trying to force a payment you know is unreasonable will never work! I always tell them I am not a liar therefore I will not commit to something I told you I cant keep, i.e. a promise is a comfort to a fool... and I ain't about to promise to pay what I don't have.

 

But I doubt they will ever learn and at the end of the day what we then need to do is make an offer based on our circumstances if they refuse pay that amount anyway and if they choose to take us to court let the judge make the final decision....as more things are important than whether you can no longer afford the catalogue or loan repayments, as circumstances arise and no one can predict the future when we first made these commitments what would happen to us or our finances later down the road.

I'm fighting back and ready to go :D who will be my first victim? LBL, Brighthouse.

 

..."If you have no confidence in self, you are twice defeated in the race of life."

 

I am not here to insult or offend...just to offer advice and seek advice as all this is a learning experience, such is the cycle of life...for those that would wish to insult me for my thoughts or deeds...Stay Blessed for I know my heart is pure with no ill thought towards YOU. :cool:

Nationwide Won:D Benefits returned £577

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  • 4 months later...
I have recently been diagnosed with peptic ulcers. I'm sure constant stress caused it. Very painful! :lol::lol::lol: I am slowly recovering on medication after visiting my GP months later than I should have. Silly me.

 

After 2 relapses I seem to be more stable now. It's no life getting through the days suffering with that C**P... Mentally, I honestly reckon I can be completely on my feet by the end of the next year. I do feel more in control now. Never would have done it without C.A.G..

What sort of world do you want your kids to grow up in?

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