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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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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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