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    • Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim.    The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.
    • It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
    • Husband and I have finally saved deposit to buy our house and seen a house we like so I checked my credit reports before we give the mortgage broker the thumbs up!    I knew something would come and bite me on the bum!    I had an overdraft with lloyds which I have not accessed since 2013. They have sold to Arrow Global who have put a big fat default on my account. It shows on my transunion credit report as pasted below. Defaulting in April 2020.     I did not change my old address with them. I am unsure how to approach this as cannot be sure it is statute barred as it is an overdraft (even though I have not touched it, acknowledged it since 2013). The default date shown is Nov 2015 but not reflected in the way Arrow Global are sticking the defaults on. Should I send a 'statute barred' or 'prove it' letter? Should I dispute with the credit reference agency? I am unsure!    I would like the default off the account the quickest way possible to have a clean credit report!      OVERVIEW   Account type Current Account   Status Default   Account number     Last updated 2020   Start date  2008     PAYMENT INFORMATION   Opening balance £1,199   Repayment frequency Monthly   Date of default Nov 2015   Promotional rate No     PAYMENT HISTORY     J F M A M J J A S O N D 2020       D D D D D D D D D     OK   Missed payment -- No data D Defaulted     BALANCE OVER TIME   Your balance has not changed since Jan '20.   APR '20 | £1199MAY '20 | £1199JUN '20 | £1199JUL '20 | £1199AUG '20 | £1199SEP '20 | £1199OCT '20 | £1199NOV '20 | £1199DEC '20 | £1199£1299£0JAN '20JAN '21
    • Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing?   Does that inc other lawyers? Surely that should say at least 1.
    • Thank you BazzaS, I completely agree with you!      
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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

staffyloos repossesion


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No problem, I'm on it - will post later or tomorrow morning.

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hi Ellen

phoned the court this morning they said that there is no court hearing on 25 or 26 march.They said to ring capstone and ask for a case number .do you think i should.the lady at the court could find nothing with my name or hubbys name.what do you thinks going on?

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Hmm, not sure - they may be trying to scare you, or their claim hasn't reached the court yet.

 

Anyway, send them the letter I have affixed. Make sure you send it by recorded delivery and keep a copy together with the receipt for posting. Check on the Royalmail website in a few days to print off the signature receipt. Keep all together in a file in case you need it if they do issue a claim for possession.

 

Make sure you keep to the arrangement you made with them.

 

Ell-enn

Staffyloo Letter.doc

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hi ellen

i have now realised that my offer of payment to capstone on the phone was to high after doing the budget sheet i can pay around 400 off the arrears i would like to pay that weekly and motgage payment on the 15 of every month.i am thinking of writing to them to propose this but my mortgage payment should go down so i dont want to send them the budget shheet just yet,but want to make them the offer as soon as possible,also havent heard anything from the court should i have heard by now.last time i was due to go to court they sent loads of correspondance .hats the best thing to dow

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Did you ring the court to see if your case was listed for 26th March?

 

When do you expect to hear about your payment coming down?

 

Ell-enn

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rang the court on monday still no listing and the libor rate has come down so on 1 feb it should go down but they dont usually let me know the amount until the middle of the month.do you think i should offer them yth 100 per week and just say mortgage payment on 15 every month ommiting the amount or just send the offer to pay and send budget shheet later.would it be ok to lower the payment after only arranging it a few weeks ago? wont the judge think i keep making false promises.everytime i call them i seem to make offers that are unreasonble

(i seem to think im loaded.)so im not going to phone them anymore just do it all trough letters.

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OK, wait until you have got the notice of new payment and then you will know exactly what you can afford to pay towards the arrears.

 

Do you have the original case number from before when the hearing was cancelled - it will be the same case number.

 

Ell-enn

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yes i should have it shall i phone again to find out?do you think it will be to late if i wait for new payment details should i make the offer now and revise it when payments go down.i would like to pay 100 per week and mortgage and if it goes down use the xtra money to pay off some other debts.Was quite confident all week but reading chesterfieldmums threads am in panic mode again.my arrears are much higher .

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Staffyloo, please don't panic - every case is different - you haven't been to court yet so you haven't defaulted on a court order.

 

You can send the letter to Capstone offering £100 per week towards the arrears (are you sure you can manage that?) in addition to the normal monthly payment. If the normal payment goes down and you keep to the £100 per week towards the arrears you will be keeping to your arrangement to pay off the arrears.

 

If you read through more of the threads in the Repossession forum you will see that eviction is very rare.

 

Ell-enn

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Tell them next time they phone that 'as it is now a court matter you want everything in writing' and put the phone down on them.

 

It sounds as if they may be trying to pull a fast one to get you to pay more money - have they sent you a statement yet?

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ellen

yes i think for at least the next 6 months do you think i can reveiw after that if say the mp goes back up to 1900 a month again?

as for this forum it has become my lifeline i read and reread all the threads and am so grateful to you for helping me.

also i have noticed that alot of the threads are hearings with capstone.

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I think if you maintain your payments for 6 months without fail and the mp goes up you would be in a good position to negotiate a reduced payment towards the arrears.

 

Ell

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Yes, you need to include the budget sheet. Make sure the £100 per week you are offering towards the arrears is the amount left over after everything else has been accounted for.

 

Also, don't forget to send by recorded delivery and keep copies of the letter and budget sheet together with the receipt for posting.

 

Ell

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help ellen

phoned the court and gave them last years case number like you said and they told me i have a hearing on 26 march ,i asked why i had not been notified and they said it was booked from last year.

also spoke to capstone again today i phoned to see how much my mortgage payment will be from 1 apriland then told them i was just about to put an offer to clear the arrears in the post.the lady on the phone a=said they would not accept any payment offers only the one made over the phone. i said when i made the offer i hadnt worked out my budget properly forgetting that we had taken on a presser at the shop due to my husband hurting his knee in september so was taking less wages from the business although she understood she said unless i maintained the arrangement made over the phone they would go for a straight possesion.i did not post the letter .i dont know what to do now .help

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Staffyloo - you need to send that letter by special delivery tomorrow - never mind what she said on the phone. You need to get that offer of payment to them - that way, if you need to go to court we can include that in your defence and say that you felt pressurised by them into making a higher offer over the phone.

 

Please post that letter tomorrow - it will show the judge that you have tried to negotiate with them.

 

We'll worry about your defence statement nearer the time.

 

Ell-enn

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staffyloo

 

The courts are taking a very dim view of offers made under pressure get in what you can afford and take it from there

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hi ell-enn

posted the letter by recorded delivery and sent of first weekly payment of £100 i photocopied the letter and the cheque.also i found the letter from the court last year and it says the case adjourned with liberty to restore and the claim be struk out if not restord by 26 march.found a buget sheet from the court but no nm11 form (sorry if thats wrong) that i have read about on other threads .can i get one of those anywhere?do i need one?

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Hi, we can do a statement for you to take to court for the hearing on 26th March, by that time we should be able to show the payment from this week and any that you make before then also. You will need to get a bank statement the week before the hearing just to back up that your cheques were cashed. Did you write your name and address and mortgage account number on the back of the cheque?

 

Check on the royalmail website in a few days to print of the signature receipt - keep that safe with the copy of the letter and cheque. Every time you send a cheque put a covering letter in saying

 

......................................................................................Your address

 

Date

 

Their Address

 

 

 

MORTGAGE ACCOUNT NO:

"Please find enclosed cheque noXXXXX for £100 being payment towards the above account number.

 

Yours faithfully,

 

 

 

XXXXX

 

Enc.

 

 

Keep a copy of every letter and cheque and also printed signature receipt from Royalmail. The more evidence you have of your payments the better.

 

Ell

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ok will do. what do you think the judge will say about being in arrears last march and still in arrears this march only much more and should i be expecting somekind of reply from capstone?(sorry for all the questions)

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