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Hi DX thanks for getting back - the original bill came in at around £130 - it was my sons phone but in my name - it was a £13 a month contract - he went to the USA for around six weeks, however he crossed the border at the falls into Canada for two days - When he got back he found out that the calls in Canada were not pert of 3's roaming - he got the bill and asked 3 why he got charged so much - put in a complaint - however a few weeks later they said full amount had to be paid - he couldn't pay - they cut off his phone still had over a year to run his contract down - so added almost £200 charges that he could use – To be honest he should have just paid up when he got the bill but his job fell through when he got back and he didn’t tell me at the time – we both have the same name, so I just passed on all 3’s post to him without opening it. Again many thanks, Lushni -
well get that sar running to welcome sadly you have a shock coming upon how much of this debt will be unlawful penalties. on your credit file- who's name is against the CCJ . not welcomes i bet.. did you go look at your deeds online too? -
I think he might be more worried about this than a pending 'inciting insurrection' charge. -
ok might be getting ahead of myself but here is witness statement. INTRODUCTION 1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge. 2: There are several documents attached with this statement. (paginated) 3: It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 20p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit. 4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. BACKGROUND 5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank. 6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant. 7: The defendant requested a copy of the CCA in September 2020 (cant find copy letter) after receiving a letter from Lowell dated 15/09/2020, Page 1, to which the Claiment has acknowledged receipt and requested said documents from their client, letter dated 05/10/2020 ,Page 2. 8: The defendant has received numerous letters from the claimant asking for payment with a settlement figure leading, with no proof of debt owed in these letters, led the defendant to doubt the authenticity of the Claimant and the claim. 9: Legal proceedings were issued on the 30/11/2020 to which the defendant issued his defence a copy of which was served on the claimant. Again a letter was sent, dated 07/12/2020 Page 3 requesting a copy of the documents that they rely on in their claim. Alas no true copy of agreement has yet to be received, in fact no paper work has been received relating to their claim. 10: The defendant stated in his defence that no evidence of the CCA has been provided nor evidence of the acquisition/purchase of the alleged debt by the claimant. DEFENCE: 11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement` 12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974 13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 , Page 4, is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The information provided on letter dated 28/02/2020 from Vanquis has been sought without the defendant’s approval and as the defendant did not contact Vanquis to request application information and as such any information dated 28/02/2020 provided by Vanquis should not be used as evidence. IN CONCLUSION: 16: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork. It is therefore respectfully requested that the court dismiss this claim and costs requested. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. -
Still not heard back from these but would like to ask regarding statute barred date. March 2015 was 1st reported payment so would it be March 2021 ? Or does it go from date defaulted or date of last payment ? Also why only showing in default with one of three CRA's. ? Equifax Details Updated 17 Jul 2017 Balance: Not Reported Limit: Not Reported Payment status not reported Experian Details Updated 2 Feb 2020 Balance: £0 Limit: No Limit Reported Account in default Information for this account not reported by TransUnion
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
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I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Natwest Bank Transfer Fraud Call HMRC Please help
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