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    • Hi All,  I would appreciate a bit of advice re a speeding offence.    I lease a vehicle and the leasing company received a Notice of Intended Prosecution (NIP) dated  7/1/21  relating to an alleged offence speeding offence (fixed camera) on 12/12/20.   As soon as I heard from the police, I wrote back and informed them that the notice was well over the 14 days set out by the Road Traffic Act. and sent them a copy of the notice issued to the leasing company dated 7/1/21.   The police persisted in simply replying and advising me that the it was issued within 14 days! After four letters from me, asking them to explain how this could possibly be within 14 days, they eventually put a bit more meat on the bone and said that an NIP was sent out on the 15/12/20, which would, of course, be within the statutory time.    I then contacted the leasing company again,  and they have confirmed that the only NIP that they received was on 7/1/21, otherwise, they would have contacted me earlier!     The NIP dated 7/1/21 presents as an original notice, not a reminder; not sure if that is relevant.    Any suggestions as to how to deal with this one?     Many thanks.      
    • was your car on the public highway.? and how far were you into the LBL when they took it.?   outline when you took the loan out? for how much and how many months for?   dx  
    • Yes, if you don't want their money then this is the time to write to them rejecting the offer and threatening to start County Court proceedings and 14 days. Don't imagine that your letter of claim will have any effect. It simply a formality and you will have to issue the court papers. If you want to send a letter of claim then post up a draft so we can have a look. Keep it short and to the point. Make sure that you understand the next step – which is issuing the claim
    • i've done it now.  
    • Sorry,  it won’t let me edit 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
      • 33 replies

1st Credit/LCS RE LLoyds loan scotland


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I've had a look at the figures and they are correct: 5576.96 payable as 60 payments of 134.91 is indeed 16.9% APR

 

However, the agreement is not properly executed as it doesn't give the Total Cost of Credit. Therefor it would have to be enforced by court order under s65. I have no doubt that a court would enforce it though.

Steven

 

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I have a loan through Lloyds TSB that I took out around 2004 and it has PPI included. The account at the moment is on a payment plan through Lloyds and I was getting help in this thread below after hitting problems with first credit.

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/153703-help-1st-credit.html

 

It has been suggested on that thread that I may be able to reclaim the ppi but I don’t have a clue if I can or how I go about it. I pay the loan at a reduced rate just now and they did produce my CCA so I don’t know if that goes against my claim. I have attached a copy of the cca and would appreciate any help.

 

 

 

35mfbt2.jpg

 

 

Thank you

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Hiya Scorpion,

 

Can you use http://www.photobucket.com and scan the agreement there post the link onto this thread then i can expand the doc bigger and have a read.

 

Soon as i have done that i can then offer advice.

 

Regards

 

PF

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  • 2 years later...

I currently have a loan on a payment plan as I had to give up work due to ill health.

 

 

A CCA request was made and I eventually received it and it shows PPI was on it.

 

 

A claim was made on the 1st of June last year through their own team dealing with these claims and at first they said no PPI was on the account

 

 

when I said I had the paperwork showing it they said they would look again.

 

 

I’ve never been contacted by then but I have phoned them several times but all I get told they will pass a note to the team.

 

Anyone any suggestions as what to try next?

 

Thanks

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Hi

 

If this was done on the phone then I would now do it in writing with a completed fos questionnaire (available from the fos website) and a spreadsheet of claim.

 

Have a read of No.1 in my signature.

 

LLoyds are good at giving the run around

 

ims

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  • 4 years later...

Hi all, it's been a while and I have an update.

 

It turned out that cca they had sent me was for another account that I hadn't asked for and not this one.

 

At the time I hadn't noticed the account number being different and as I wasn't expecting another

 

I thought it was the correct one and eight years on I'm still waiting for it.

 

I did tell them at the time it was the wrong one but I've never received the correct one.

 

The reason I'm back is for some more advice.

 

I kept my reduced payment up until about two and a half years ago and then stopped it due to being ill and getting next to no money.

 

Last week I received a letter from Lowell saying they now own the account and want payment.

 

Does my dispute still carry onto them or do I need to start again by sending another cca request?

 

Thanks all

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I would send a CCA request

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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  • 2 months later...

I would send them another CCA request and make it clear that you will not be paying any money to them without it, and send it 1st class recorded delivery, and await there response. It could be that you are due a refund if it is not your debt.

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as it has been passed on you send a new CCA request to Lowells.

They wont have it and you can continue to not pay them.

 

No need for RD,

just use the proof of posting that you get for free at teh PO.

 

 

In law a letter is deemed delivered 2 days after it is sent 1st class so they cant deny getting it anyway

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  • 2 months later...

I have a bank loan that's been in dispute for about six years due to Lloyds not complying with a cca request.

 

It has now been sold and the new company are asking for a payment plan to be put in place despite being told the account was already in dispute. Can they do this?

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is this the one that was bounced to 1st credit and you reclaimed PPI?

 

 

 

 

dx

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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  • 4 weeks later...

For some reason I can't get back onto the other thread. I thought it was deleted but yes it's the same account. I've read on other threads that it can't be sold as it's a breach of the cca so just thought I'd check

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4 threads merged on same debt.

 

 

get a new CCA request running.

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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