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    • Sorry, trying to catch up with all the questions.. I paid by BACS - it was the only option I was given. They are based in Wallasey, Wirral, and I think they have been there for some time.  I don't think they have disappeared.
    • The social worker saw some of the photographs.  Because of the timing, holidays, everyone busy etc she said she would go by my judgement as to whether Friend should be allowed home (This was before the service was carried out)  I sent her some photos but neither of us mentioned Friend not coming home - nobody wanted him to have to stay in the care home any longer, it was totally inappropriate.  She knew I was going to take some action with regard to the service, but we didn't speak again.  
    • Hi, yes, those are the people.   It's too late to ask SS to inspect.  This all happened in a big rush between xmas and new year; I complained to the woman I'd been dealing with, she liaised with the MD and came back with the £100 offer, took a couple of days, I refused, she then said I needed to contac the MD. When I emailed him, I got the out of office message back, and then, eventually, the offer of £150 which he deposited, without my agreement, into my account..  So it all took weeks.  I have plenty of photos though.
    • Yes that sounds correct Commensurate use
    • I don’t have the details to hand, they’ll be on an old IDE hard disk from my old computer and I’ll need to buy an adapter to access those files.   But from memory, I think the case was around 2016 in an English county court. A lawyer was posting progress on a case he was working on, I can’t remember which forum, arguing that Erudios DAF forms breeched unfair contract law.   Erudio settled the matter out of court just before the case was heard when the lawyers client accepted an offer to backdate all his deferments and make changes to future DAF forms.   Very soon after all the posts relating to the case were removed from the forum, I suspect as part of the settlement deal with Erudio.   TBH I wasn’t sure at the time that I was going to be able to use this anyway, given that there was no ruling on the case to refer to.   I just wanted to make them aware that I knew they had granted deferment to somebody who hadn’t used their DAF.   I turned 50 in February 2018.   Strangely, I can’t find a copy of the default notice or their final response.   I say strangely because I have what I thought were all my Erudio letters in a file in date order.   I can only think therefore that they were sent by email and I did have a period were I had to switch email providers and email addresses because emails were being lost, and then when I switched the previous provider deleted everything.   I did manage to backup some of those emails before the previous provider deleted them, but again they would be on my old IDE hard disk, so I don’t have access to them right now.   Sorry I know this isn’t much help.   How essential are these letters?
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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

Aktiv Kapital Plus - A Loyalty Programme!


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Mine was old ge capital account as in over ten years old, sent statute barred and they dissapeared.

 

Special fantastic offers, do they really think people are that stupid?

 

Suprised they dont try pay one unenforecable debt, get one free:D

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Mine was old ge capital account as in over ten years old, sent statute barred and they dissapeared.

 

Special fantastic offers, do they really think people are that stupid?

 

Suprised they dont try pay one unenforecable debt, get one free:D

 

 

 

haha.

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Suprised they dont try pay one unenforecable debt, get one free:D

 

It wouldn't be wise to tell them to BOGOF then. ;-)

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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  • 3 weeks later...

Well I must be REALLY special as I've had a letter from them today (they searched my credit file in Feb 09 and this is the first I've heard from them) offering me an 80% reduction on a debt that's not even mine!

 

How blooming generous!

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Tell them once they send you 100% of the amount of the alleged debt, you'll be happy to settle it at the 80% reduction so generously offerred!

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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A loyalty programme, eh? Does such a program work both ways? Does it mean that if AK harassment indirectly causes or contributes towards a death, that they will shut up shop in atonement?

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I thought this might be relevant for AK sending out dummy NOA's claiming to be from Egg:

 

 

Administration of Justice Act 1970

Section 40 - Punishment for unlawful harassment of debtors

 

1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he -

a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation

b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it

c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

3)Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—

a)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

b)of the enforcement of any liability by legal process

 

4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400

 

I'm not sure AK could afford the first £100 let alone any subsequent £400 fine - should we give them a warning or just go for the first £100 fine now???

 

BD

Edited by Bigdebtor
typos

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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  • 2 months later...

It is now over two months since AK last contacted me. I told them I was still awaiting Egg replying to my SAR request from last January!

 

I really miss their frequent letters and phone calls!

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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