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    • Thanks for the reply     Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 18/02/2021   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? By anagreement between New Day Ltd RE Marbles & the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 2140.14  2. Costs   What is the total value of the claim? £2325.14   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I could have   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? Not Sure but im going to look back on old emails. But I think it would have been around 2018.   Do you recall how you entered into the agreement...On line /In branch/By post ? If I did it would have been online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No but there is a DCA on there that could be for this.   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser by the looks of it.   Were you aware the account had been assigned – did you receive a Notice of Assignment? I could have but I’ll need to look back.   Did you receive a Default Notice from the original creditor? Not sure but its possible.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure but its possible.    What was the date of your last payment? I don’t know.   Was there a dispute with the original creditor that remains unresolved? No.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
    • Hi dx,   Thanks for the quick reply!   Unfortunately the history is a tad complex but I'll give it a shot:   I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf.    Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a  PCH. It wasn't really explained at the time,  what this implied. I suppose it was naïve on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc.    Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was gobsmacked.    I told them there's no way I can pay that; I don't have a job. Not interested. I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation. I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request.   Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it.   As far as I'm aware though, a PCH isn't regulated by the CCA?   What do you reckon?    Sorry, just to be clear; I handed the car back in November time.
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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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help eviction on 26th march


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thats good getting so nervous now just wish it was monday so we knew either way council informed us if we have to move we can have a 2 bedroomed house not ideal as we have 4 kids and will have to get rid of our 2 dogs lizard and chipmunks (they wont allow pets so panicking now.)

just looking through all our mortgage statements and cant make head nor tail of them.

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hi ellen just checking your still ok to help with my defence statement ready for monday and to say thanks i really appreciate all your help.

My confirmed date of going back to work is 1st of april unfortunatly the manager is unable to put this in writing as is not back at work until monday morning, however i do have her contact details if anyone wanted to confirm this. if that is any help.

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No problem, I'll post it up tomorrow.

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Hi there, just finalising your statement:

 

Re your post about the amount of monthly payment - were these payments taken by direct debit?

oct 08 £515.14

nov 08 £515.21

dec 08 £515.21

jan 09 £516.59

feb 09 £516.62

mar 09 £516.62

 

Ell

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OK, have you got anything to show your payment should be £482.91 ?

if so we can affix your statement and get the court to ask why the change in payment amount.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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hi ellen i have a copy of the original mortgage offer stating payments are £482.91 a copy of glenisters solicitors witness statement saying £485.60 and a copy of particulars of claim for posession from last time we went to court where glenisters say it is £484.31 also a reply from capstone when i queried this saying your currently on a fixed rate mortgage however payments have been affected due to insurance being charged which is a set rate of £26.46 if you can work it out.

sorry i took so long getting back to you just so much paperwork.

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OK, take copies of all that and the statement - we'll use that lot!

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OK, statement affixed, as before you will need to enter info where I have put XXX's the following documents will be Appendix 1 :

 

Original Agreement

Glenisters particulars of claim - 2 differing ones

Letter stating insurance added

 

So you need to write the claim number and Appendix 1 on the top of each of the copies of those.

 

Appendix 2 will be the statement showing the varying amounts, write the claim number and appendix number at the top of the copy of this also.

 

Any questions, just shout

 

Ell

Louip123 statement 2.doc

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Sorry, pressed reply before I'd finished -

 

You will need to take a photocopy of all that so you have one for yourself to refer to in court. Get to the court early and ask the usher if your statement can be put in front of the judge before the hearing. If they won't do that, you will have to give it to the judge at the hearing.

 

As this is your application to the court the judge will speak to you first, you should say "Sir/madam may I give you an up to date statement" and hand it over to him/her.

 

Also, take along the copy of your N244 so you have that to refer to as well.

 

Ell

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Sorry, yes - you need a copy for the other side's representative.

 

Ell

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good luck for today

NEVER FORGET

 

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Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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hi all thanks for all your help unfortunately we got the most awful judge who never even glanced at our defence statement and basically said you have been in arrears in the past you will be in arrears in the future so i cant suspend the eviction. she would not give us any extra time or nothing so we have tomorrow to move out into a tiny 2 bedroomed town house with our 4 kids and have been informed that we have to give our dogs away that we have had for years. the judge would not give us leave to appeal.

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:eek: OMG that's awful ! I don't know what to say to you and I can't think what else we could have done. I'm so sorry for you:(

 

I wonder if it would be worth contacting the lender direct to see if they would reconsider?

 

Ellx

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OK. It still is not to late. Don't worry about the Judge being a monster. You can apply for permission to appeal, which will be heard before the Circuit Judge, and then further seek to appeal the decision - based on the fact that the judge failed to use the discretion that is available to them.

 

In general - and can only speak from limited experience - Circuit Judges tend to look at everything in far more detail than a District Judge - which in your case sounds like the usher would have taken more interest!!!

 

Don't give up now!!!

 

RM

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