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    • I'm ready to reject Hermes offer and issue the letter before claim. I've registered on the MCOL website and filled in my claim with the below particulars.   Should I tick the box to send the particulars directly to the defendant?   Should I also tick the box for the right to claim interest. If so do what date would I put for when the money became owed,  what is daily rate of interest up to the date of judgment?    Thanks again      
    • you mean you paid the mortgage off that the policy protected and financed it with another policy from elsewhere...??? so why have you been paying for life insurance on a mortgage that has not existed since 2009?   surely the policy was to protect the mortgage is was taken out for and no longer has any benefit whatsoever to you and no-one will get anything out of it should you die?   what does it state it protects and who gets what ?
    • Actually, no, or at least not with RBS. I changed to a different provider in 2009.
    • He is also trading under James Marshal cars on eBay - same details.
    • Hi all,   Lowell sols have responded to my cpr with exactly the same documentation as Lowells sent through. So still no valid agreement!   Defence due Friday by 4pm.   I have updated my defence below based on your points Dx. Many thanks.   Would you and Andy mind having a scan over before i send off on Friday please?   Cheers in advance as always     Particulars of Claim    1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('the agreement')   2.The defendant failed to maintain the required payments and arrears began to accrue   3.The agreement was later assigned to the claimant on 27/09/19 and notice given to the defendant   4. Despite repeated requests for payment the sum of xxx remains due and outstanding.   And the claimant claims a. The said sum of xxxx b. Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.610 but limited to one year being £222.65 c. Costs   Defence:   The Defendant contends that the  particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought to seek clarity from the claimant.   2. Paragraph 3 is noted. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   3. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request to Lowell Portfolio Ltd pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.   5. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots  are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.   6. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to Lowell Solicitors and again the claimant only disclosed exactly the same documentation. The claimant therefore after a second attempt by the defendant remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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

Calling all commercial first customers re: repossession HELP NEEDED


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Calling all commercial first customers re: repossession HELP NEEDED

 

May i firstly apologise for the length of this post however, when you read the same i hope you will understand that it is required.

 

In February 2008, my property was repossessed by Commercial First. During this time I had suffered sever health problems and was under the care of a mental health team, which to date it still the case. After repossession I did not have any will left to live, let alone keeping an eye on the development of my repossessed property.

 

Some months after the repossession i received a court order advising of what exactly they were claiming for including excessive solicitors fees and an early repayment fee of over £50,000.00. After being completely devestaed by this and knowing that if i didnt try to resolve this matter my life would be furthermore in ruins. It is then that i made steps to buy back the premises. Without going into further detail i did manage to re-secure the property in November 2008 despite the process starting in June 2008.

 

However, during this time the property had been broken into on at least 6 occassions that i am aware of to date. The amount of vandalism was tremendous and would you be suprised to hear that they are not admitting any responsibility for this. Tens of thousands of pounds worth of damage had been done, items stolen, sever damp caused by neglect. I have over the past 12 months been making complaints about this to the company you refuse to respond to my correspondence in full and will not take this matter any further. Whilst I have been investigating the matter I have found several areas in which they have been at fault and have been advised I have a very strong case against them.

 

I am looking for any other commercial first customers who can advise of any dealing they have had with the company. I have a list of complaints as long as your arm and still they fight it. I am 26 years of age and due to the stress of this situation i feel way beyond my years. Although I am just one person I feel that this is a matter that needs to be persued not only for myself but everyone who has ever been or will be in this situation.

 

I would be grateful for any input or advice that anyone can provide. Please do not hesitate to get in touch.

 

Again, apologies for the length of this post but I have only just skimmed the surface.

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Hi there, while the property was in their possession it should have been covered by their insurance and therefore their responsibility to put things right.

 

Is this a commercial property?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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that is the exact issue i have been trying to stress for 12 months but are still refusing to deal with it. it is part commercial and part residential. I sent them 100 photographs of defects. i have been doing my own investigations and have found numerous discrepencies

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Perhaps you should now send them a Letter Before Action - giving them 7 or 14 days to respond positively before you issue a claim in the county court.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 1 month later...

Hello, I just wanted to say that I had my property repossessed by these people on 8 December 2009. I identify exactly with your opening experiences and personal damage: I fear for what is yet to come for me. My property was also my home.

 

You have my thoughts.

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  • 2 months later...

Hi we are in the process of dealing with this company, we have sent letters of complaint and the internal investigation procedures are a joke! we had our property repossessed in April 2008 it was our business and our home. 9 months later the property was subject to an arson attack and they are still trying to claim the full amount + extremely unreasonable charges off of us. we would be interested in getting in contact as two heads are better than one!

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  • 6 months later...

Are you a Commercial First Customer? If so, it is more than likely that you have possibly been miss-sold your mortgage, over charged and generally misstreated by this company.

 

I am looking for customers to come forward so we can actually see this company brought to justice so if you are a customer of theirs at present or have been in the past please please get in touch as action is being taken and the more people that group together the harder the company will fall.

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  • 1 year later...

Hi there

I would be interested to know if you have already taken action re commercial first i have good evidence my mortgage was missold and that even though the broker has gone bust there is still redress .i have been misstreated by this company and the Fsa are looking at them as well as my local county court ..i am in litigation with them too .Please get in touch

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  • 4 months later...
Hi we are in the process of dealing with this company, we have sent letters of complaint and the internal investigation procedures are a joke! we had our property repossessed in April 2008 it was our business and our home. 9 months later the property was subject to an arson attack and they are still trying to claim the full amount + extremely unreasonable charges off of us. we would be interested in getting in contact as two heads are better than one!
the situation that maverick is in is identical to mine I've rang them several times an they just say we're looking into it.
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Calling all commercial first customers re: repossession HELP NEEDED

 

May i firstly apologise for the length of this post however, when you read the same i hope you will understand that it is required.

 

In February 2008, my property was repossessed by Commercial First. During this time I had suffered sever health problems and was under the care of a mental health team, which to date it still the case. After repossession I did not have any will left to live, let alone keeping an eye on the development of my repossessed property.

 

Some months after the repossession i received a court order advising of what exactly they were claiming for including excessive solicitors fees and an early repayment fee of over £50,000.00. After being completely devestaed by this and knowing that if i didnt try to resolve this matter my life would be furthermore in ruins. It is then that i made steps to buy back the premises. Without going into further detail i did manage to re-secure the property in November 2008 despite the process starting in June 2008.

 

However, during this time the property had been broken into on at least 6 occassions that i am aware of to date. The amount of vandalism was tremendous and would you be suprised to hear that they are not admitting any responsibility for this. Tens of thousands of pounds worth of damage had been done, items stolen, sever damp caused by neglect. I have over the past 12 months been making complaints about this to the company you refuse to respond to my correspondence in full and will not take this matter any further. Whilst I have been investigating the matter I have found several areas in which they have been at fault and have been advised I have a very strong case against them.

 

I am looking for any other commercial first customers who can advise of any dealing they have had with the company. I have a list of complaints as long as your arm and still they fight it. I am 26 years of age and due to the stress of this situation i feel way beyond my years. Although I am just one person I feel that this is a matter that needs to be persued not only for myself but everyone who has ever been or will be in this situation.

 

I would be grateful for any input or advice that anyone can provide. Please do not hesitate to get in touch.

 

Again, apologies for the length of this post but I have only just skimmed the surface.

 

I'm shocked that your on the same situation as Me, we feel it's an inside job to ruin people's lives. I hope one day this company losses everything

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  • 3 months later...
Hi there

I would be interested to know if you have already taken action re commercial first i have good evidence my mortgage was missold and that even though the broker has gone bust there is still redress .i have been misstreated by this company and the Fsa are looking at them as well as my local county court ..i am in litigation with them too .Please get in touch

I am in the same situation as maverick18 too my property was repossed and then after making a lumpsum payment I got the keys back only to find the property was stripped of all electrics copper pipes, so it had become inhabitable and not rentable after speaking with commercial first to sort out the repairs they dragged me along for Approx 9 months to tell me that it's not their problem although I have been making payments for insurance at my expense, beause I have not been able to repair the property and generate an income I have fallen back into arrears with them they took me to court to repossess again unless I make another huge payment, I'm beginning to think they sent someone on the inside to break in to my property so they can cash in and make a nice profit. The Fsa have been informed of the practices I offered to make payments which were agreed by commercial first they took the payment and told me they would stop action with courts only the next day I received a repossesion order. I am also a victim of rip off charges professionalism in this company is absent this company are modern day mafia and thieves I hope they rot in hell.

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Originally Posted by racyfilly:

Hi there

I would be interested to know if you have already taken action re commercial first i have good evidence my mortgage was missold and that even though the broker has gone bust there is still redress .i have been misstreated by this company and the Fsa are looking at them as well as my local county court ..i am in litigation with them too .Please get in touch

I am in the same situation as maverick18 too my property was repossed and then after making a lumpsum payment I got the keys back only to find the property was stripped of all electrics copper pipes, so it had become inhabitable and not rentable after speaking with commercial first to sort out the repairs they dragged me along for Approx 9 months to tell me that it's not their problem although I have been making payments for insurance at my expense, beause I have not been able to repair the property and generate an income I have fallen back into arrears with them they took me to court to repossess again unless I make another huge payment, I'm beginning to think they sent someone on the inside to break in to my property so they can cash in and make a nice profit. The Fsa have been informed of the practices I offered to make payments which were agreed by commercial first they took the payment and told me they would stop action with courts only the next day I received a repossesion order. I am also a victim of rip off charges professionalism in this company is absent this company are modern day mafia and thieves I hope they rot in hell.

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