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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
    • FAW counts Red Flag limousines, used by China's communist party leaders, among its products. View the full article
    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
    • never get a cca for a debt of that age when was the last payment date?   dx  
    • i have shrunk the uploads earlier as they exceeded in total your upload limit try now in pdf.   BTW: the file a few posts up renamed burlington comms is very damning for them they knew they had done wrong having just read it.   now this subject needs addressing and sorting. where has all your available income been going for the last 12mts...why has this debt not been paid and why did you resort to even taking out an LBL in 1st place..usually its as a result of shear desperation and financial mismanagement as you could not get money elsewhere ...why ?   this debt is a priority ...2nd to everything other that what keeps a roof over your head like mortgage , rent. CTAX. gas/electric.   mobile phone/sky/broadband/credit cards/OD's/catalogue debts or accounts and anything else you payout for needs to be either cancelled or dropped to <£5PCM..they can't do anything to your roof or your car.   spill the beans..why were you in such a whole in 2018 that you ever had to goto these sharks and expose yourself to this grief..          
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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
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    • 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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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Recently moved from England and unsure about Scottish system for CC collection


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I've recently moved from England and mailny thanks to this site have become familliar with the English ballif system and council tax collection. I have arrears from England and was paying the council direct but have been out of work so had to stop paying. I've always ignored Balliffs and never paid anything above the fees they are emtitled to and have never let them into the property. This was made easier by the fact they always called when I was out at work.

 

I have found some part time work so will be able to pay something off the arrere soon.

 

What i'd like to know is can an English Liability order be enforced in Scotland?

 

What are the Scottish equivilant of Balliffs?

 

Is the law up here the same i.e if I refuse them entry they cannot gain access to my property or levy on any goods. They can only charge for 2 visits and nothing more.

 

Thanks in advance for your help.

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Completly different systems.

 

 

Have you lived in Scotland for more than 3 months?

 

WE do not have bailiffs, we have sheriff officers.

 

Rather than attending to remove goods they will apply for a wages/bank arrestment, if you ignore their letters.

 

Ida x

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yes it can be..........

 

How long have you been up here?

 

 

what bailiff company is it?

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I've been up here just 3 days.

 

There is no Ba;;if action as yet but with me stopping payments for 3 months there may well be. I'm just trying to get clued up on the law up here and how things work so that I know my rights etc.

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Ok well then it would be transferred to a sheriff officer up here to serve a charge for payment.

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-have-you-received-charge.html

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Just some more info about enforcing liability orders in Scotland:

 

LIABILITY ORDERS: ENFORCEMENT THROUGHOUT UNITED KINGDOM

 

 

HC Deb 18 July 1991 vol 195 cc526-7

 

—(1) The Secretary of State may by regulations provide for—

  1. (a) any liability order made by a court in England and Wales; or
  2. (b) any corresponding order made by a court in Northern Ireland,

to be enforced in Scotland as if it had been made by the sheriff.

 

 

 

What probably will happen is that you will either receive a letter or visit from the sheriff officers. You shouldn't be intimidated by them and they can only come in if you invite them in - so don't. In fact don't even speak to them if you don't feel like it.

 

They would only be able to force entry after a special attachment order had been granted by the sheriff, which they won't have obtained. There would need to be a court hearing to obtain this of which you would be notified as you have the right to contest the application.

 

You say you work part time so I assume your income is fairly low. The following link is a table of the amounts that could be legally be arrested from your earnings in Scotland and it's useful to be aware of these amounts when requesting time to pay or simply coming to an out of court agreement with the sheriff officers Earnings Arrestment Tables

 

Just remember that if you are going to make an offer of payment to put it in writing and keep a copy :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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