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    • 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..          
    • For general info, I have a Life Fitness treadmill which has been in my garage for the past two years.  It cost around £2k so in the same ball park as yours.  It was installed for us by professionals and there was no hint that it is an unsuitable environment - because it isn’t.  The gym I use (when I can) is even less salubrious than most garages, think bare aircraft hangar rather than carpets and smoothie bars.  It is not heated.  It has a range of top end cardio equipment all working just fine.        
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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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I was contacted by this company 2 months ago, I requested a copy agreement, I've still not received this. I had a msg from them this afternoon when I got home from work, I called them back and advised Im still waiting a copy agreement and once it's received I shall make payment if it's my signature as I cannot remember this.

 

The rude male says too me "I think we wil go for a wages arrestment" I laughed and advised he cannot do this. I ended up hanging up the phone before I got annoyed with him.

 

I will be calling back but before I do can anyone advise if they can do this by law? As im a debt collector myself and I was on the understanding you can only arrest wages for Council Tax.

 

Thanks

Kayleigh

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They can do this but it's not simply a case of popping down to their local sheriff court and asking for one. Before they could get an earnings arrestment they would have to take you to court (obviously you would be notified of this and can choose to defend, partly dispute the claim, or apply for a time to pay order, etc.) and obtain a decree against you.

 

Assuming they obtained the decree against you you would then be sent a charge for payment warning that unless you pay what you owe within 14 days they are going to take action to get the money that you owe them. Only after the 14 days are up can then use an earnings arrestment to enforce the decree. Obviously how much they would be allowed to take each month would depend on how much you earn as prescribed in the Diligence in Earnings (Variation) (Scotland) Regulations 2006.

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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But can they still do this if they haven't provided me with a copy agreement? I've just sent the below email too them requesting this again as by telephone they are just using bullying tactics and when I ask for a copy agreement they say "we will arrest your wages" "are you saying your not paying this?"

 

I've told them once I receive the copy agreement I will arrange payment but they are useless.

 

Dear Sir/Madam

 

Re:- Account/Reference Number - XXXXXX / XXXXXX

 

I do not acknowledge any debt to your company or its clients.With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

Miss X XXXXXXXX

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But can they still do this if they haven't provided me with a copy agreement?
Yes but the sheriff wouldn't be awfully impressed that they have ignored a dispute. Court action should always be a last resort and of course they would have to prove that the monies claimed are indeed owed by you.

 

You should also e-mail them informing them that all further communication must be in writing only and that any further telephone calls from them will be view as harassment and reported to the relevant authorities.

 

DCA call centre staff will tell you any old rubbish over the phone to try and intimidate you into making a payment as telephone conversations can later be denied. If they do phone again and you feel the need to talk to them inform them that the call is being recorded (whether it is or not), they normally soon hang up. Keep a log of any calls though. Harassment is a criminal offence whereby both the individual and the company can be prosecuted Protection from Harassment Act 1997 (c. 40)

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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Im actually a debt collector myself lol and not all of them are like that, we certainly don't just tell any old rubbish.. We also advise on every call made or received calls are recorded! But I know what you mean there are alot of DCA's which deal with debtors in a disgusting manner.

 

I've had a response now from a girl who used too be an ATL at my work and is now a manager there, she's emailed me back confirming the docs will be out in today's post. Told them as long as it's my signature i'll contact too arrange payment!

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  • 2 weeks later...

I can't remember taking it out, I have now received the docs, emailed them i&e details with an offer of repayment, still await a response! That was over 2 weeks ago I've sent 2 emails and they are not responding!

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Sorry...I don't understand if you took out a loan with this company you must have gone into a shop they would have taken in your I.D and handed over your debit card so they could take the money back or applied on line and entered your details online. I took out a loan with them a while ago and will never forget being there :(. Have you ever lost your bag?

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