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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.
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    • Hi @BankFodder
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      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.
       
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      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
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Drydens lawyers want a charging order


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Hi all

Needs some advice

I have defaulted on a credit card and it has been passed to drydens for collection,

the original credit agreement is not old (2009) so i think it will probably be enforceable its with Sygma bank.

 

 

I have asked drydens to except token payments twice and their response is.

As i will not clear the whole dept in twelve months they are going to continue and get legal action to secure a charging order.

 

The dept is for £600,

however over £200 are the £12 late payment fee and overlimit fee.

can these be claimed or do i have to except the £12 charge.

 

One final thing but probably has no relevance the agreement has my name wrong

,they have my surname as my first name and my first name as my surname,

have previously told them about this whilst account was with original creditor by they never fixed it.

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CCA them if they have your name wrong then the rest of it may be wrong and unenfroceable, Have you received a default notice if you have can you post it up removing names and amounts any barcodes and ref numbers but leave the dates.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Before they can get a charging order against your home they must first obtain a ccj against you and only then and if you fail to maintain the payments set by the judge at the time of the hearing will Drydens be able to apply for a charging order against your property...

 

The process would go like this....

 

Drydens file for court, you file your defence

Court occurs, drydens win their case

CCJ awarded against you to pay at say £10pm

 

As long as you maintain that payment and do not miss one drydens would not be able to apply to the court for the charging order.

 

However, for £600 it is highly unlikely that Drydens are intending on going down that route due to the costs involved but are simply attempting to

rattle your cage by issuing said 'threats'.

 

A county court judge would more than likely set a monthly amount for you to pay back at much less a month than what it would take to clear the debt is 12 months as Drydens appear to want you to do.

 

Have you been sent a default notice and a subsequent termination letter?

I reside in Dawlish Warren but am not a rabbit.

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The dept is for £600,however over £200 are the £12 late payment fee and overlimit fee. can these be claimed or do i have to except the £12 charge.

 

You can and should reclaim these charges along with any interest applied to the charges.

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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Hmmm... I don't think they should have terminated before 4 February... what do others think?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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how would i go about claiming the £12 charges?. Is it the same method as with the bigger £35 charges? . i thought the FOS had recommended the £12 charge i had to live with it any help or guidance greatly received.

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Hmmm... I don't think they should have terminated before 4 February... what do others think?

 

I think you are right, what would they have done if payment had arrived after they closed the account on the 3rd

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I think you are right, what would they have done if payment had arrived after they closed the account on the 3rd

 

My thoughts exactly! They terminated early.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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They are obliged to provide you with 14 clear days from service to remedy the breach. Service allows a few extra days for the letter to arrive. Unless they can prove the DN was posted first class, I believe they have terminated the account a day early (more opinions please!).

 

This technically means they have unlawfully rescinded the contract, ie. they have terminated it without giving you the full opportunity to remedy the breach.

 

You are, therefore, allowed to accept their termination and you will only be liable for the actual arrears at that point.

 

However, unlawful rescission would give you the opportunity for remedy through a counterclaim for damage to your credit status, and simply for the act itself, the amount of which might wipe out any arrears.

 

That said, I'd rather hear a few more views on whether the account was terminated early. I don't think they should have terminated till the 4th.

 

Judges and creditors like to regard faults with the issue of DNs and termination as 'de minimis', ie. not really important or relevant. They tend to rely on 'well, you've had the money, pay it back'.

 

But it is not a small issue. It is the law - to enjoy the benefits of S87, the creditor MUST abide by it, and that includes not terminating the account unlawfully.

  • Haha 1

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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If the account was terminated befre it should have been and unlawful recission has occured then it is important to acknowledge their terminating of your account. I cannot remember the correct terminology used when accepting the termination in such a manner, try looking up the member diddydicky, he/she is quite up on that aspect of things and is a most useful source of information.

I reside in Dawlish Warren but am not a rabbit.

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Post up the Particulars of Claim, deleting your personal info, and we'll have a look.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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This weill be moved to the legal forum shortly ..

Edited by Deb T

I reside in Dawlish Warren but am not a rabbit.

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Moved to Legal Forum

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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done

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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