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    • I think they are trying to persuade the judge there have been a number of supreme court decisions which override a lot of the regulations we rely on here, they even say I rely on "out-dated legislation".   Their next main approach is to say the claim is statute barred and that I need to prove that I didn't know about this 6 years ago. My argument is that I couldn't have known since they concealed the statements from me until November 2020. After a GDPR request in 2018 they claimed for 2 years that they didn't have the statements over and over again. They finally produced them when I went to the courts. It was only at this stage that I saw I had the charges on the accounts. Since they repeatedly didn't give me the statements I would propose Kleinworth Benson is reinforced, as they may have tried to conceal the charges.
    • @Saints60 very sorry to hear about your story – but you've been asked to post your story on a new thread and you haven't done that. By joining into an existing thread, you confuse the issue, make people unsure as to whom they are responding and are probably likely to receive less help then you might otherwise do if your story was told as a completely new topic. Also – very importantly, if you post on a new thread, then it will tend to be recognised much more by Google so that people are more likely to come across these discussions if they also have experienced similar problems with this dealer. We are very interested in the fact that you say that you have identified this person – and I'm not sure why you haven't shared that information with us all here as well. As you are aware, one of the problems here is identifying the dealer and also where the dealer lives and what assets the dealer has because this would make it easier to get the police to take an interest and also to begin the necessary legal actions to obtain compensation. I'm not too sure why you haven't volunteered all of this information because the rest of your story has been pretty detailed. Please will you post a new thread and also give us all the details. It's important that all of this is shared. Thanks
    • letter of claim is 1st.   but that will never come whilst as they are your debt are still with the original creditors  years away from sale to DCA's if at all. so forget DCA's...please.    Just one point..   mail redirect does not always work nor is always allowed by royal mail for court documents i'e a claimform pack from northants bulk. many of these we have seen state do not forward on them.   now, stop panicking on the above for a moment and thinking this is bad... a claimform pack should be preceded by a letter of claim which you would get redirected... and ofcourse as above the wont be from an OC.  
    • and 10+ weeks before the second jab
    • So sorry to hear this do yo mind confirming his name for me .. I too plan on taking him to the small claims court ... 
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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

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

 

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POMPEYFAITH V Co-Op PPI

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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

 

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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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