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    • to do what they are powerless...   you like 10'00'000 of other s jump because a dca says this or that a DCA is not a bailiff and has zero legal powers on any debt no matter what its type.   another one of your issues is following stupid freeman of the land twaddle. very dangerous.don't   moorcroft dont by debts they only act for clients.   as long as you don't run from debt and insure the debt owners or 'the client' has from you a letter which states your correct and current address or you did so to the Original creditor before any sale or your haven't moved since taking 'the credit' out you are safe from backdoor CCJ's to an old address.   sit on your hands and see if the owner of the debt want to issue a letter of claim. if they do  you return here   A CCJ - which is the only tool they have - because just like us joe public, its the only thing we can legally do if we claim someone owes us money - they have no more powers that you or me
    • That is why I (specifically) said "the lender".
    • eeeh i see ... I just really need a little help, that's why I am here. Being funny does not mean that I am a troll or something and English is not my native language. I just don`t know what to do next, that`s all
    • Just to be clear the dca doesnt decide where a debt shows the oc does that upon their backdoor sign ups with contractors.   lets await the sars    
    • If you settle early you the loan will not run its full term so the interest that normally runs till term cant be charged.   and they dont charge ERF either your might well be able to settle <£3500 or better.   Can I pay my loan off early? Yes, you can repay your loan in part or full at any time. We do not charge an early repayment fee but will apply interest as permitted under The Consumer Credit (Early Settlement) Regulations 2004.
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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

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Any ideas please help,court tomorrow .

Also it is only allowed5 minuites, how can the creditor and myself get through all the information in 5 mins, could it be adjourned for a longer period or would it be given more time on the day.

This is a car repo order.LFB

Edited by littlefatbudha
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It means that they can have the goods back and get you to pay court costs

Steven

 

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just an update, the dj moaned that the case would need longer than the 5 mins allocated.

The witness statement was allowed to be entered, i comlained but did no good.

The dj gave me 14 days to respond to the witness statement underlining ,what i thought was incorrect,i.e the name and address suddenly appearing on default notice and creditors signature on credit agreement.

The new hearing is to be set for two hours at another local court, the dj complained that the solicitor did not bring original documentation, and this has to be brought to new hearing.

A quick question i have never received a statement from the creditor, should i have been receiving regular statements etc,Thanks.

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Any help please,regarding statements as i am trying to complete statement in responce to witness statement.

I have just read in consumer credit act 2006 that a creditor under regulated fixed sum agreement MUST send annual statements in the PRESCRIBED form, the first is required one year after the date the agreement.#

It then states that if a creditor does not give an annual statement, when required to do so, then he is not entitled to enforce the agreement during the period of non complience and the debtor is not liable to pay interest during this period.

I have never received a single statement under this agreement

Edited by littlefatbudha
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the annual statements cover all agreements on credit

 

i think it was only last year though that this legislation came in

 

ime looking into it

back soon

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it is part of the Consumer Credit Act 2006 that annual statements have to be issued. If the creditor fails to issue a statement they allegedly cannot enforce or add interest etc until they do issue one, but we all know how likely they are to abide by that.

 

checking now when it became law

 

any takers on this question

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many thanks, i have never received any from the finance company, have just read in the cca 77a that if they do not supply a a statement , then they cannot enforce any interest, or the agreement for that said time, that no statement was received by debtor.

This may help my case by quoting this.

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i have lease car agreement which is now in default - it has been passed over to close credit mamagement who now want the car back but only call and never send any documentation

i have nothing in writing i owe 8000 i reckon by now and the lease is up at the end of september this year

what should i do with the car?

 

not one bit of paperwork

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Hi there, need some help Urgent.

I had to file and serve defence to witness statement by 19th Jan 4pm, to which i did to the court, but did not realise that i had to send a copy to claimants solicitors as well.

Received letter on friday 22 Jan from solicitors saying thay had not received defence for witness statement, the letter asks for the defence by return.

On Friday i sent the defence by special delivery, which will be to them today, which obviously is late, should i send a letter to the court explaining that i did not understand, what was asked, and that as soon as i realised i posted, by special delivery.

The final hearing date is 11 feb 2010.Thanks.

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