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    • What about the 300 payment I paid in December to stop repossession? And never defaulted since.    Just defaults off a previous year due to injury.    Car wouldn’t of been left there if I knew. How do I find out about a bill of sale?   I wouldn’t of left it there if they hadn’t made the arrangement with me. As I knew I would have the money to pay it by 18th March.     I have my car back now but it is damaged, which I’m going to have to pull out for. 
    • You cannot expect to claim any compensation for parcels which did arrive – even though they were delayed. That sounds a bit French to me. You can only recover compensation for parcels which were sent with them and which are lost. You say that there were 20 parcels. I think you need to give us more detail. I don't think we need a list of every parcel, but we do need to know how many parcels, whether the value was correctly declared, what was the declared value, when were they sent, and if you have you raised a complaint with. Which courier actually undertook the delivery?
    • The thing is, the administration has said there will be no payment coming.   "Unfortunately, whilst we have added your unsecured claim to the list of creditors within the Administration, regrettably due to the lack of funds in the Administration, there is no prospect of a dividend being paid to unsecured creditors. This means that notwithstanding your entitlement to Redress no payment towards your unsecured claim will be made. More detailed information on the reasons for this can be found in the Customer Redress Scheme and FAQs, which can be found by clicking on the link in paragraph 2 above."   So, I will obviously continiously beeing chased by UB or the debt collectors.   It was Unclebuck who emailed today saying the transferred the agreement to them
    • I'm sorry, but I don't really understand what you are referring to. Maybe you'd like to post up your particulars of claim again
    • They talk sence. So await the money. An administrator is placed in a difficult position upon how they can distribute funds they administer   so ignoring the powerless dca's , who currently owns the 2019 outstanding one? Who are 'they' ....
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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!
       
       
        • 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
      • 33 replies

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I've recently split from my husband - the financial pressure is just too much. We have a lot of debt and negative equity in our home. I owe 22,500 and my ex owes 12000 on credit cards and loans. I stopped paying most of, mine over the last year and I don't answer phone calls and mainly ignore the threatening letters. I work 3 days per week as a primary school teacher and I get tax credits as I have a 14 month old daughter. My ex pays the mortgage - well it's in his name anyway! I pay everything else. That makes it a struggle to just survive from month to month. I know that eventually I might be taken to court for making no payments but I'm not worrying about as I figure I should just apply for lila br then. I have no assets and a low income. I have cca'd all my creditors and none of them have beeen able to produce my original signed credit agreement. Hopefully they'll all go away and in 6 years my credit file will improve.

 

Anyway, my husband no longer wants the house in his name and wants to sign it over to me. As I don't want to move house in the future this is fine with me as I'm sure I won't have negative equity in the house forever. The negative equity is about £40,000. He says he's happy to keep paying the mortgage but he wants it off his credit file so that he can get another mortgage. My name is on the title deeds but not the mortgage. As I cannot obtain a mortgage due to my position can he do this? The mortgage is with northern rock. Hope this makes sense, any advice would be appreciated.

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The fact that your name is on the house title rules out LILA. Under the present system the only way you could bankrupt is if a creditor takes court action and serves a charge for payment. Please note that many creditors obtain Decree but never serve the charge as they know it will be used to go through the Sequestration procedure. However, council's now serve a charge for Council Tax arrears and Parking Tickets. To cut to the quick Bankruptcy is not an option without this document.

 

You could consider the alternative, which is Trust Deed, in the event that you did not make payment, your Trustee would have an automatic right to Bankrupt you.

 

As for the house it is unlikely that any Trustee would have an interest in a property that has such a high level of negative equity.

 

I apologise for the way this is written as I am very short of time.

 

Nevertheless, I hope it is of some assistance.

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more info on trust deeds:

 

National Debtline Scotland | Debt Advice | Factsheet 21 Trust Deeds

 

re the house, if you cannot get a mortgage then your ex is stuck with it

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You will need to consult a family law solicitor to prepare a Minute of Agreement to ensure that your husband meets his financial obligations to you and your daughter.

 

The concern is that he might expect you to take out a mortgage for the house thereby releasing his obligation and allowing him to get a mortgage to buy his own house.

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  • 3 weeks later...

A Minute of Agreement is a legally binding agreement which is drawn up by solicitors acting for both parties.

 

Given your situation, you would want to ensure that your husband is legally committed to providing financial support for you and your daughter. Should he fail to provide that support then you would be able legally recover any monies due.

 

To do this you will need to consult a family law solicitor - shop around for quotes to ensure that you are getting the best deal. A friend of mine recently paid £900 in legal fees to her solicitor for a Minute of Agreement to be neogotiated and agreed.

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