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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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

B&Q Security dragged me out of ny van over bogus theft assumption


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can anyone advise me on what to do regarding letters being received from retail loss prevention (RLP) for the sum of £137.50.

obviously as i am innocent i will not be paying but will need to get the court case out of the way first before i proceed to tackle them.

 

thanks also for all yor support and good wishes!!

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I would write back with this.

 

Dear Sir/Madam

 

As you may be aware there is a pending court case with regard to criminal charges which have been brought in connection with the incident for which you are attempting civil recovery.

 

As I am most strenuously protesting my innocence in this matter I will be contesting your claim regarding civil recovery, but feel that the outcome of the criminal case, due to be heard in January, would be extremely relevent.

 

With this in mind I am requesting that you put on hold any action regarding this issue until after this case is settled.

 

I will not be entering into further correspondence with you on this matter.

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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I think I'd take a more robust line with these idiots, who are on a par with private parking companies. The shop will have an opportunity to ask for compensation equivalent to their losses during the criminal case. I fear that the letter above could be seen as suggesting that RLP may have a case, and that if convicted, their claim will be met.

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can anyone advise me on what to do regarding letters being received from retail loss prevention (RLP) for the sum of £137.50.

obviously as i am innocent i will not be paying but will need to get the court case out of the way first before i proceed to tackle them.

 

thanks also for all yor support and good wishes!!

 

What is the £137.50 for? Expensive drill bits, which I might add, B&Q still have!!

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none of the £137.50 is for the property, namely drill bits, as b and q have them in their possesion.

it is for the cost of time incurred for security staff to deal with "my dishonesty!" its all a big joke! but i aint laughin!

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could anyone advise on the legal stance of the recovery of these charges.

 

when i have entered other shops in the past, i have noticed signs on the door stating that the particular premises takes part in a civil recovery scheme. is this an absolute requirement to have a sign on the entrance point to make you aware of the procedure if a theft occurs.

 

i only ask as the entrance i used does not have a sign to this effect, therefore, even though i have not taken anything, if i had have done, i would not have been aware before entering the store of this procedure????? surely this would be enough to put to RLP and flip them off!

 

anyone confirm or correct me on this.

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As far as I am aware there is no requirement to display such a sign - that is purely a warning to try and deter thieves.

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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Any case would go before a judge and you would be able to defend.

 

As there is a live, connected criminal case involved, this case would have to be resolved first.

 

If you do receiev a claim form from them, you could decide to defend the entire amount and make a counterclaim for all the reasons stated above- assault, unlawful search, false imprisonment, whatever.

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which was the basis for my earlier letter

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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You could write telling them that as this now in the hands of the police & you intend to contest their accusations to the fullest extent you will not be paying anything nor will you enter into any further discussion until after the criminal charges are resolved. Furthermore any more demands for payment will be reported to the police as criminal harassment.

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  • 3 weeks later...

hi, yes attended mags court yesterday, pleaded not guilty to both charges (theft and assault) and elected for the trial to be held at crown court. have to go back to mags court on 2nd march for another short hearing to await whether the police have prepared a full file, then a date will be set for crown court.

 

on reading the statements passed to us, the first security guard who stopped my van has stated that whilst i was sat in my van i kicked him in the legs and stomach BEFORE any other security staff were present, however the second security guard has said i kicked ' and punched' him in the 'chest' whilst he was there, so they are both giving different accounts.

 

once in the security office the first guard has said he asked me to empty my pockets (which he never did) and i produced 5 drill bits from my left pocket. a duty manager who has given a statement has said i puled one from my right pocket, dropped another on the floor from my right pocket, and pulled three from my left pocket. again differing accounts.

 

my solicitor is going to send me copies of the statements so i can go thru them finely. until the crown date is set dont think much else will happen.

 

will have a good read of the statements when i get them and post any further relevant info!!!!!!!

 

thanks again to everyone for their advice and support!!!!!

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I think the judge is going to have a field day when he gets to read these fables!! I know it's easy to say try not to worry about it, as I'm not the one facing court, but their statements are crumbling around them. Post up when you've had a good read of the statements, see how many more discrepencies appear. Are you going to try and get compensation from b&q after the court case? I should imagine you have excellent grounds to get it.

 

edit: How tall are you? Just wondering, as you must have some very long legs to have kicked him in his legs from the drivers seat of a van!!

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Dont be silly - he is Mr Fantastic from the Fantastic 4

 

Mr_Fantastic-2.jpg

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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Comes complete with security guard kicking action...from ten yards away!! Also available in the series - 3 morons with the inability to back each other up.

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Tiler - change your avatar instantly - - picture supplied above :D

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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get some pictures done of you sitting in the van , someone about same size as the guard etc to show how far you could kick , re he said you kicked him in the legs stc

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That's actually a very good idea - but I would ensure your solicitor or other witnesses are present so that they can give affidavits/swear before the court that it is impossible.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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get some pictures done of you sitting in the van , someone about same size as the guard etc to show how far you could kick , re he said you kicked him in the legs stc

 

 

That's actually a very good idea - but I would ensure your solicitor or other witnesses are present so that they can give affidavits/swear before the court that it is impossible.

 

 

quoted for truth.

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  • dx100uk changed the title to B&Q Security dragged me out of ny van over bogus theft assumption
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