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    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
    • So who cleaned it and are they prepared to give a report of the state of the place as they found it?
    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt. The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. From your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon. One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
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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!
       
       
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    • 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
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      • 33 replies

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Not as far as I'm aware. I think they are a bit nervous about being challenged through the "Extortionate Credit Bargains" legislation in the Consumer Credit Act. From what I know their DCA tends to be in-house (same address always a give away)

"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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Hi matam2k, welcome to CAG!

 

It sounds as if you are about to, or already have, default. Whatever the reasons, that's your business (even though CAG don't condone debt avoidance), feel free to post here for advice on how to deal with them. They are shady characters and will often behave illegally.

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Good morning,

 

I am up to my neck with these firms and (so far) nothing on CRA files (I have on line access through Experian).

 

This of course may change! :roll:

 

As T2upnorth says they can and will use every means at their disposal to get their payment. Whilst completely agree do not condone debt avoidance (have been quite open that well meaning but foolish actions are still foolish actions in getting me here!) if you cannot either repay your loan in full or keep "rolling it over" (and therefore maintain yourself in perpetual debt and on the edge of the dark road of further loans of this type to keep the previous one going) they will essentially treat any attempt that you make to come to a repayment arrangement as debt avoidance!! There are exceptions but most of them either want you to stay in debt with them forever or if it looks like you will not do that fleece you for the whole sum they are "owed" as soon as possible (and in one case with me even take MORE than they are owed!).

 

At risk of sounding like the debt equivelant of a reformed alcoholic so will stop now but best of luck, hope you sort them out :)

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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thanks for your replies so far , i havent defaulted yet but will this month, i have 4 that are due end of month, payday uk £375 . ptp £519 , quickquid £250 and wonga £260 , i'm going to pay the wonga one off as from reading on here they seem to be the worst. Ive been rolling them over for too long now and never getting out the cycle and never have money for anything else. I do intend to pay them all off as soon as i can but think it would be better on my terms and when i want to. I am going to cancel bank card say lost it, and delete any direct debits. If i say lost the card will they for sure not be able to get hands on money in my account after new card issued? Thanks for your help.

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Matam2k. If all they have the details of your Debit Card, then cancelling or 'losing' your old one and getting a new one will stop any post dated Debit Card payments they may have going through.

 

I do on occasion use Payday lenders, luckily never to have had problems repaying. So once your debit card has been stopped the balls in your court. I'd recommend calling the companies up and making them an offer of repayment. i.e. £20-£50 p/m per lender? Tell them you are in financial difficulties due to over committment and see if there's a possibility of a suspension of interest and charges. The rationale behind that being that they would rather re-coup some of their inital capital then loose it all (damage limitation)

 

Don't what ever you do keep rolling over, its money down the drain!

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I echo what 1980 said. i have had many payday loans and when i reached difficulty i came up with my own repayment schedule - i offered something like £40 a month. They have the philosophy of wanting some of their money back, they know that they cant get blood out of a stone. If you go debt management, they often offer £1 a month and this is stupid as a. they get v little back and b. you are often extending a typical £200 debt over 3-4 years.. Has anyone completed what is called a financial statement with a payday lender? This i have been asked for by bigger creditors before and it summarises what you have got coming in and what you have got going out.. and the idea is that it comes up with a figure that you can afford to repay...

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Well i have cancelled my bank card said it was stolen, so new on way, will cancel direct debits 2 days before due to come out. I'm just worried about getting bad info on my credit file as all the defaults i have will drop off end of this year. But hopefully no info will be recorded on files if i stick to arrangement with dca when goes to them.

Cheers

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