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    • Gas is not credit so no requirement for an agreement nor DN Cabot -' settled debts dont get sold on...    
    • Hi all,   I would appreciate some help with a default date.   I took out an Egg credit card on 10/01/2005. I missed payments and eventually it defaulted but I do not remember when. But, my credit file says it defaulted on 02/11/2015 and it says it’s Arrow Global now. I contacted Arrow to enquire about the default date because I don’t remember having the card for as long as 11 years. Arrow say they purchased the account on 21/12/2014.   I also put in a CCA request with Arrow but they say they have no documents from the original creditor i.e. Egg and nothing themselves. I've asked for a notice of assignment which apparently is on its way to me since the last month or so and apparently I made a payment of £10 on 7th April 2016 but I don't remember this so I've checked my bank accounts and nothing left my bank accounts on or near this date.   So strange, something isn't right.   I am also confused how the default date can be after the purchase date as from what I understand, Egg would have had to default the account before a DCA could purchase it? Or am I wrong?!   Would appreciate any advice and information!   Thanks, Jdip
    • had courtesy car since 20th jan, she had a Vauxhall corsa 2010..the hire car is a 2018 corsa. i have told her to give it back to them
    • Work out the cost to date.  How many days hire so far ?   What car did your Sister have that was written off ?   Is the hire car similar to your Sisters car ?   These credit hire companies are just trying to make money providing expensive hire cars.
    • For sure, It's just that waiting on that is taking a long time and i've had one bank end their relationship with me over it after I applied for a planned overdraft, Thanks for your advice anyway!
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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

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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Please note that this topic has not had any new posts for the last 5112 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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