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    • 3 copies court sols your file   no to mediation 1 wit you   the rest is obv.   on the copy to CEL or their sols if they state one do not give them email/sig/phone.
    • usual game by erudio in that the last confirmed deferment was about 2011 but erudio didn't issue a DN until some 5yrs later  so i was thinking of:    alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   as we know drydens will claim thus its not SB'd.   sadly this case is somewhat complex in that there was some confusion by the OP upon this being paid off already, so had before they came here filed a defence stating such.    once the story was fully relayed, but which remains somewhat confusing still,  and things sorted out, it transpired this was for an honours student loan settled through Link/Thesis etc and nothing to do with the ones sold to Erudio.   it also transpired that a deferment direct to the SLC before 2013 sale, did not actually happen and SLC kept the details awaiting the OP to resubmit it, which never happened. this resulted in SLC taking payments because the Op's account was in arrears, this also latterly enabled Erudio, without permission nor any contact, to use the existing SLC DD to take payments in 2014 i think. which should not have happened.   i think thats it in a nutshell.    
    • Hi, I just wanted some advice from anybody who may have had a similar problem or might know what's going on please? Last March, just as this pandemic took hold my  husband lost his job. No furlough, no redundancy pay or anything. Just finished. We knew nothing about claiming benefits but we managed to put in a claim for JSA and then UC (they just deducted the JSA from anything we were entitled to from UC) Anyway, later in the year, I made a claim for carer's allowance as I am my mums full time carer. She receives attendance allowance. I waited several weeks to hear anything back but the claim was successful and I reported this to UC. My husband got a job again in August. This too was reported to them and his earnings meant that we received very little or nothing during that time. He then lost this job in December yet again due to covid and again we reported this and he again claimed for JSA. He got another job in January and again told UC and JSA. We received pretty much nothing and the last payment we did receive, they deducted everything that was left for a tax credit over payment that we apparently owe from previous years. We have now received a letter in our journal saying that we have had an over payment due to back pay of carer's allowance that I received last year after all the weeks of waiting. Fair enough, I don't really understand still how all of this works as we have always worked but they told us before that all earnings etc and things from DWP get reported to them anyway so they knew what carer's allowance I had recieved. I then replied to ask if we can set up repayments for this and we then had another letter in the journal saying.. DO NOT IGNORE THIS MESSAGE We are carrying out a review of your information, and so I need to speak to you BOTH about your universal credit claim. We'll be checking a few details with you on this call to make sure you're entitled to universal credit. You might also be asked to provide additional evidence but we will discuss that on the call. If we can't get in contact or speak with you, your claim will be suspended and ultimately closed. There will likely be an over payment and this will be recovered from you.   This seems a bit serious is there anything I should be worried about? Or is it purely just a review to maybe close down the account now that my husband is back in work and earning more money? It doesn't mention the over payment so I am not sure if it is about that or not but my husband suffers very much with stress and anxiety and now he is panicking over this because he thinks that they are going to make out we have been up to something when we most definitely have not. Admittedly, we have struggled with it because we have never claimed before and not been able to attend any face to face appointments etc but as far as I am concerned, we did everything asked of us. The only other thing is that I now have £2000 in the bank sitting there as we are in desperate need of another car as this one we have is on it's last legs but I was told you only need to declare £6000 and over. Any advice or anyone had the same please? Pretty confused. Thanks.
    • Using miley_b ob 's great letter as a template, is the below along the right lines:   Dear Civil Enforcement (CEL) Limited   I write in response to your Letter Before Action - Claim for Debt , which I have received in relation to PCN Number: ?????, you have issued in response to a case I have explained is baseless.   I am writing to notify you that I have no intention of paying these ridiculous and made-up sums of money, for allegedly breaking some imaginary contract with yourselves. Expecting me to pay you a baseless fine for not entering my cars registration details amounts to extortion. You already have my £2 for parking in your car park, a fact I'm sure you realise due to the fact you own all CCTV in the carpark. I would also reference the fact that the parking meter that issued me a ticket without entering my registration has since been fixed, which shows that you are fully aware of the problems it has caused.   You have also scored a big own goal by adding a £82 admin fee. Presumably, this admin fee is some sort of unicorn food tax. I suggest that you look at DDJ Harvey’s judgement at Lewes County Court on 05/02/2020 (Claim number F0HM9E9Z). He was not very happy with these made-up amounts, was he?   You can either drop this foolishness now or get a good spanking in court. The choice is yours.   Hopefully we will not be speaking again,   xxxx
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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
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Let the games begin !!!!!!


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Hi everyone !!!

Just submitted the N1 form to the court and I have to say I quite enjoyed doing it !!!

I think the wry grin on the womans face behind the counter told me I wasnt the first to have submitted the form against a bank !!!! ha ! ha !....... F*** 'Em

Can't wait to get Abbeys reply...or not as the case may be.

 

Keep going everyone !! I'll keep you posted

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  • 3 weeks later...

Hi there bank busters !!!!

Issued my N1 claim form for the reclaimation of just over £2k to the court 10 days ago and i've received a letter from the court in response to Abbeys Acknowledgement of Service with their.. 'intention to defend all of the claim'.

So I believe Abbey have now got just over 2 weeks to put MY money where their mouth is !!!

This is very exciting !!!! Ive even put the wheels in motion to open another account elsewhere....just in case Abbey spit the dummy.

So far so good. Thanks to everyone on this forum for their help and encouragement. I'll keep you posted.

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Hi there bank busters !!!!

Issued my N1 claim form for the reclaimation of just over £2k to the court 10 days ago and i've received a letter from the court in response to Abbeys Acknowledgement of Service with their.. 'intention to defend all of the claim'.

So I believe Abbey have now got just over 2 weeks to put MY money where their mouth is !!!

This is very exciting !!!! Ive even put the wheels in motion to open another account elsewhere....just in case Abbey spit the dummy.

So far so good. Thanks to everyone on this forum for their help and encouragement. I'll keep you posted.

 

Ok well done but please stick to one thread you have 9 for this claim. I will get them merged for you :)

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 3 weeks later...

Hi there,

I've just received Abbeys defence informing me that I will soon be receiving an Allocation Questionnaire from the court.

The letter I have received is as follows:

 

"Regarding the charges, you will see from the Defence that Abbey takes issue with your claim on a number of points. For the purpose of this letter though,we shoukd like to mention in particular that your claim seemsto be based on an argument that you should not pay any charges at all. It cannot be correct that Abbey cannot charge anything at allif you become overdrawn or do not meet direct debits as Abbey must remedy the issues with the account and this incurs expense. This is in line with Banking Industry practice and the Terms and Conditions under which you opened the account. Even if it were correct(which is not accepted ) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something for the expenses. Further, you will see the charges are liquidated damages, and not penalty charges and therefore valid pre-estimates of loss. "

 

They then go on to ask if I would accept..as a matter of goodwill half of what my claim is £1023.12 as a full and final settlement.

 

Is this letter a standard reply ??? Do I have to contact Abbey to reject their 'goodwill' offer or do I just wait for the Allocation Questionnaire from the court ?

 

One final point..it may or may not be important. On the Defence form Abbey sent me the 'Legal Officer' (James Arrandale) from/on behalf of Abbey hasn't signed the Defence form anywhere even though there is a section for his signature.

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You have to contact abbey to reject their offer, preferably in writing (or at least a letter to confirm a phonecall so you've evidence you rejected it).

 

It doesn't particularly matter that the form isn't signed.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Hello,

I have now just sent a letter to Abbey stating that their offer to pay half of the 2k they owe is unacceptable and that the only way we can come to an amicable agreement is if they settle the full amount.

 

I have also just received the Allocation Questionnaire from the Court, which I will complete ASAP. Just one question....the fee associated with the questionnairre is £100...can I claim this back too and if so, when/how is this added to my claim ?

 

Paul

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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