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    • Thank you. There are two possible routes here. You could sue DPD – and then they would probably defend and they would also counterclaim for the unpaid delivery fee. Alternatively, they could go ahead and sue you and then you could counterclaim for the expenses of the damaged items. It would be better if they would sue you and the reason for that is that you would be the defendant and therefore if there was a hearing, it will be held at your local court which would save you a lot of inconvenience. If you sue them, then they become the defendant and if there was a hearing then it would be heard at their local court which means that you would have to travel and plan the logistics of this. Normally speaking you can counterclaim without paying a fee but where the value of a counterclaim is substantially greater than the value of the substantive claim, when you might have to pay a fee. If you with the claimant then you will certainly have to pay the fee anyway. So I suggest that your best interests are served by preparing to be sued and then if that happens then to defend and counterclaim. We will help you. If eventually they don't follow through with their threat, then you will have to sue them. Whichever is the case, you will need to be well prepared and that really means that you need to seek independent assessments and evaluations of the damage which has been caused and the value of putting it right. These independent assessments may cost you money – but eventually if you win then you will get this back. So for the moment, start gathering your evidence. Make sure that you are fully prepared with your independently verified documentation and then hope that they will follow through with their threat and sue you.
    • thanks for the response   The items arrived totally damaged and our customer sent them back and we had to re make all of the items again. This cost was just over £7000. Yes we are on a creidt type account, I asked for the compensation on the problem delivery and they decided to lie and cheat and then close the complaint. we did take photos and so did my customer, DPD said they could not use them as it didnt show enough detail. this again is untrue.    The invoice we are with holding is £530  We had to remake all of the work as mentioned above.    I hope this helps a little more  
    • Hi I use Martin Lewis Credit club and if I click on the defaults they say ‘account settled’ and the dates range from December 17 to Feb 18 under each tab. It also states the name of the new debt owner now and says last updated.    Will that be the default  dates or will I find it elsewhere?         
    • Hi Andy, yes they did + another £600 for flush and repair! I was surprised that they just accepted the FOS terms without a whimper. Cheque received and cashed.     @dx100uk Agreed. I read people having similar issues with getting repairs from ASG, not sure if it was on here or another site but they seem to adopt the same line about it being the customers responsibility to keep their system fresh and clean. My system was powerflushed in 2016 and by 2018 it was similar to having 4 blocked arteries. I have my doubts as to whether it was done.
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hector-a-go-go

advice needed before CCA's requested

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Afternoon all

I have been on this site for some months & had some good advice from posters regarding various debt issues.

I am now looking to challenge various DCA's & C/C companies but would like to clear up some questions I have.

 

1) I am in a DMP - if I go to dispute with a lender can I still leave the arrangement in place or do I have to stop paying - I am with the CCCS (who are great) & do not want to lose thier support as I have a lot of creditors & do not think I can handle everyone at once - was planning on doing 2 or 3 at a time.

 

2) If there is no CCA then I am aware that the debt is not written off, but held in limbo as unenforcable. Does this then hang around forever or does the 6 year rule apply, & if so, is it then written off? & is it removed from your credit file?

 

3) this one is difficult to explain but here goes as an example

I am at the limit on a credit card - I have had the card for over 10 years - the amount I have repaid is more than the total spent on the card - the outstanding balance is the accumilation of interest etc - can I claim back the interest (&/or charges) if there is no CCA? - also how do I work out the total interest charged if I do not have all the statements?

 

Just as a point regarding the morality issue that gets mentioned in repaying debts - If the charges/interest are so great that they become most or all of the debt, then is that moral? The lenders soon turn their backs when life gets difficult for you, but they are more than keen to throw money at you when times are good (especially for them), as I have learnt to my cost.

 

Thanx for any advice as I am not too sure of the best way forward for my family at the moment, & desperately don't want to make the wrong move.

Hector

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Also - if you are paying a token amount per month towards the debt, then does the 6yr rule apply when the payment is stopped or when the "in dispute" starts?

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OK, firstly, I do not have any experience with DMPs but I believe that they are not very happy if you start dealing directly with the DCA's or OCs. and can refuse to help you any further.

 

To obtain the Statements with regard to claiming back unfair charges you would need to send S A R request to each OC and this costs £10 each and gives them 40 days to comply.

 

I am sure others will be along shortly will more advice.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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