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    • I am helping my niece on an overdraft debit originally with the Bank of Scotland that was bought by Intrum.  I would appreciate any help and advice. . . here is the story so far: The bank account was in my niece’s name that had an overdraft facility. My niece and her partner, at that time, run into some financial hardship caused her to default in account, March 2017. They agreed with bank to settle the outstanding some but removing the excessive charges. My niece’s partner claimed that he paid the agreed sum and the couple never heard any more from the bank on the issue until started to their claim. Unfortunately all the records of the settlement is with my noises x-partner. So we have not much to go on other than retrieve all the bank records on the account. Intrum bought the debit on 28/11/2018. Intrum filed to recover the debit with the Simple Procedure court in Glasgow in April 2020. I have send SAR letter to the Bank of Scotland but had no response from them yet, perhaps because of the current Pandemic situation. The court directed me to call the original loan holder to the Case Management discussion, by filling in some legal form, to answer to present their legitimacy of the debit.  I would be grateful if anyone could have help with your views on the best way to proceed.
    • How do I know what to reply though and how to get it right.  I may have had 12 months to sort it but I simply have not been able to afford to keep it up. In December I had high hopes but circumstances completely out of my control at that time meant rightly or wrongly my bank account was not on my mind. Bear in mind I have taken out 2000 and paid back 4700 or thereabouts. So it certainly isn’t the case that I never ever paid them or tried to run away.  I have made substantial payments throughout these couple of years. 
    • get some CCA request s running tomorrow. without enforceable paperwork no-one is going near a courtroom door. wait and see what toilet paper each one returns with. they have 12+2 days else one of your options is too cease payment until they do.    
    • Hi  I wonder if anyone can assist. We purchased a proform treadmill from Sweatband.com approximately 3 months ago. It is a fairly large treadmill and we purchased with the intention of putting into our garage which has electrical wiring and my partner has a turbo trainer already in there (has been for years). Only when the treadmill got delivered did it the warranty documents advise against keeping it in the garage. No where on the website for Sweatband or the manufacturer's website does it recommend the treadmill is not kept in the garage. The sweatband website has a treadmill buyer's guide where it actually comments that people like to put treadmills in the garage but consider the head height. So it is only after you have purchased and taken delivery of the treadmill are you advised not to keep it in the garage.    We took delivery and set it up on a proper gym mat. We make sure to turn it off when not in use and to cover the treadmill when not in use. It has been working fine. I used on Friday night and then on Saturday morning when I went to switch on the electrics have stopped.    Sweatband are now redirecting us to the manufacturer who are saying we have the item in an unsuitable environment and this will void our warranty.  The item is so big we cannot physically lift it out of the garage and we do not have a room in the house big enough to store it.    Has anyone had any similar problems with treadmills in the garage and it affecting the warranty? We feel we have been mis-sold a product as it is only after you have taken delivery are you told you cannot store in the garage despite the seller's guide making reference to where to store your treadmill and making reference to the garage but failing to warn it is against advice to store it there. We would have never bought the treadmill if we knew it was unsuitable for the garage.    Also we made the transaction via paypal but using our credit card. Do we have any protection with our credit card or paypal? The cost was £1,500 so we do feel it should last longer than 3 months.   Any help or advice would be much appreciated.   Thanks  EM0149 
    • they weren't enforcement officer, they were a powerless DCA.   the point of only getting 2 days to raise £1500 (not £1800 the £300 repo fee is an unlawful penalty) is one we shall use. BUT!!!....... you can't call the kettle back , you've had more then 12mts to sort this out, you haven't, so the other points are pretty much irrelevant, it works both ways .   your reply has got to be very very carefully worded in most certainly wont be tonight nor tomorrow you should answer poss by friday, you rush back with a poor reply you play right into their games. don't!!  
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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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If Capstone don't reply to your letter then they won't be doing themselves any favour in court. I can't predict what the judge will think about your arrears last year, but usually they are only concerned with whether you can consistently make payment towards the arrears going forward.

 

Try not to worry too much about the hearing at the moment, let's see what Capstone come back with and keep making those weekly payments, that will look good in court.

 

Ell-enn

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Hi there, just keep posting the payments (and keeping copies of the covering letter and recorded delivery etc.). We will have all that to show the judge if you have to go to court.

 

Ell

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hi all :)

capstone have agreed to my offer but they said that since my mortgage payment is going down they want 125 per week not 100 ,but at least they are willing to negotiate,i feel soooo much better :):)

thank you ell-en for your help and support i think im going to sleep alot better.WILL KEEP YOU POSTED

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Have they cancelled the court hearing?

 

Ell

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no they said they would only go for a suspended repo order as long as i pay it will be ok.But thats what we wanted isnt it ? at least now i know that they wont go sraight for possesion .

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Staffy, it wouldn't matter what they went for - as usual, they fail to recognise that it is the judge's decision, not theirs, as to whether possession is suspended or granted. They know very well, that given your circumstances and your offer to them there is no way they would get possession!

 

I'm assuming they have written to you confirming their acceptance of your offer? If so we will use that as part of your defence also.

 

You will be in and out of that court in minutes:)

 

Ell

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Hi Staffy - you have done good! you can show the judge that you made the effort to try and resolve the situation. The judge will know very well what Capstone are up to, and he's quite likely to ask them why they have taken the case to court when you already have an agreed arrangement!

 

Stay positive - you're home and dry:)

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thanks ell-en ill keep posting those cheques not forgetting to photocopy and record delivery them and ill keep in touch and let you know what happens in court.id just like to thank you and this forum if i had not found this site i would have probably not bothered to do anything and lost my home.my sister has got a paypal account and im going to send a donation through her.keep up the wonderfull work you do.

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Staffy, we need to do a statement for court - will have to be done the week before the hearing - I will start to draft one for you and we can finalise it when you have proof of your next payment.

 

Ell

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Yes, you still need to do a defence and attend the hearing. You must be there to hear what is said. I've known mortgage companies tell people they don't need to attend so they can ask for the suspended possession on their terms. You just can't trust them Staffy!

 

Ell

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ok im confused!!!!on monday i received a letter saying they woul agree to my offer of payment but asked for 100 per month more .i agreed over the phone,have just got home and another letter telling me that they have been notified by their solicitors about court hearing on 26 march (they told me the date in jan)and urged me to make a proposal and they would instruct their agent not to oppose a suspendedcourt order .they want me to get in touch with a proposal.

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They're not real are they!! :mad: OK, I'll draft a letter for you to send to them and post it on here shortly. You need to take a copy of the letter they sent you agreeing to the payment arrangement and also of the letter you have just received.

 

This is going to look soooo bad for them in court!

 

Ell

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Hi Staffy - send them this letter (affixed) by recorded delivery tomorrow! and attach a copy of both letters. As usual, keep copies of everything you send.

 

Ell

Staffyloo Letter 2.doc

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Yes, I'll start to work on it tonight :)

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Hi Staffy, are you on internet banking? You need to get statements to prove the payments you have been making so we can put that with your defence.

 

 

Back later.....

 

 

 

Ell

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