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    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
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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
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      • 31 replies

DLC - Hillsden -Dodgy Assigment & CRA entries


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Have a debt (allegedly) with a creditor, defaulted some years ago and eventually DLC write to me stating that they're collecting the debt on behalf of the creditor.

 

This was pre-cag days (for me anyway)

 

Paid dlc for a number of years and then I received a notice of assignment from Hillsden stating that I was to pay them from now....but as dlc were acting on their behalf I was to continue paying them. No assignment was received from the OC so I assumed that it was assignment but without full title, the letter from Hillsden was less than clear.

 

Continued to pay dlc but then joined Cag and sent off last year for a copy of the credit agreement, particularly as the Original creditor has changed ownership/names 3 times since my original agreement.

 

A month later no CCA received, sent in the dispute letter.

 

I then get a letter from dlc stating that they had passed it on to their clients Hillsden (I'm reasonably sure Hillsden and dlc are in bed with each other) and I then get a letter from Hillsden stating that they've applied for the cca from their clients (the OC) They've either forgotten that they'd sent me an assigment letter or it was not ever assigned.?

 

This is where it gets a little interesting in as much as my credit file was duplicated with the default, one from the OC, the other from Hillsden. I wrote to the equifax with a view to having them removed, they in turn contacted both parties and the answer back was from the OC stating that they no longer had any interest in the file , Hillsden on the other hand wanted to stay on and continued updating the file. They were not able to supply any documentation on the debt, I wrote to them asking to remove the entry from my credit file but they refused but acknowledged that they were as yet unable to produce the credit agreement. (feb 09 request)

 

Once the dispute letter was sent I ceased paying them, Hillsden continuned to send me a letter each month saying that the account was suspended pending them producing the required credit agreement. Late last year they sent me another letter stating that a recent case Mcguffick or similar? made it that they no longer had to send the true signed copy of the CCA and whilst it it's absence they recognised it was not enforceable they now consider it ok to recommence collection proceedings (I'm sure others have had the same letter)

 

Of course I ignored their pleas, then their veiled threats of the consequences of my not paying them....

 

But now I've had another letter from another collection agency stating that they are now acting on behald of the Original Creditor re the money and that I should pay them right now or else Planet Deb T will be eradicated from the universe (Ok, slight exageration)

 

So now I'm confused, if the assigment had taken place all that time back with Hillsden should not they then be the creditor? Obviously because the assignment notice was so badly constructed I have no way of telling who owns the alleged debt etc and to cap I have a communication from a CRA that the original credit no longer have any interest in the debt anyway and the duplicate entry can be removed in their name...that was last year also.

 

But Hillsden continue to update my file accordingly, so are the new collectors playing stupid or did Hillsden all that time ago never really have any assignment rights?

 

The default comes off my file early next year but I'd like Hillsdens entry removed given that the new collection agency state they are collecting on behalf of the original OC and should I not have received some form of notice from Hillsden re either them no longer being the assigned (that is if it was not full title) or even that the assignment has been withdrawn?

I reside in Dawlish Warren but am not a rabbit.

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Hillsden and DLC are one and the same - they are part of the Faccenda Group. Hillsden themselves may have passed this on to another DCA for collection and you will be the only one not to be informed. You can safely ignore them all - there is no agreement - but if you want the default removed you can write to the CRAs again and tell them that Hillesden had no lawful right to process your data for this alleged debt as it is not yours. No agreement means no debt.

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I've written to the CRA asking it be removed (again) we'll see what they have to say, as for Hillsden passing it on, the new DCA states that their customer is the OC not Hillsden which is why I intend to question their (Hillsdens) original assignment letter.

I reside in Dawlish Warren but am not a rabbit.

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The DCA will say it's from the OC - they don't say it is from another DCA. Hillesden probably created a NOA using the OC's letterhead, which DCAs do as matter of course, lawful or not.

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I can sympathise with you.

 

Mr. A E Locke and Hillesden/DLC are a bunch of tossers.

 

They will use the CRA's as a way of 'getting their own back' if you don't pay them and ever ask for a CCA etc.

 

I am in a constant battle with them and their dodgy CRA entries.

 

I have recently started to invoice them for admin charges re. letters to ask them to cease processing my data and correct the vindictive defaults they recorded on my credit file.

 

I fully intend to get them into court for this, starting with County Court for not paying my invoices.

 

In my case they basically 're-entered' a dead statute barred account on my credit file and hounded me for payment.

 

I personally think that DLC is used as a 'get out' for Hillesden when things get a little 'hot' for them.

 

STICK TO YOUR GUNS!

 

If they have no CCA then tell them to feck off immediately!

 

Don't imagine that for one minute that these tools are playing within the law, they just do not care.

 

RI

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I've took a snapshot of my credit file and will do again just prior to it rolling off the 6 years from date of entry and whilst I paid them as late as last year the entry should roll off at the beginning of next year....if it is added again in whatevr format I will use all possible means to have it removed an at the same time add my own set of costs against Hillsden.

 

The law/regulations are quite clear, a default remains on the file for 6 years from date of entry, should this not be so and Hillsden continue to breach the regulations I will without any doubt use said regulations to take them to task. I'll be interested to see just how the CRA acts when/if the default is added/re-added, I'm reasonably sure they're in with the DCA's

I reside in Dawlish Warren but am not a rabbit.

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  • 2 weeks later...

I started a thread yesterday without naming companies involved, but basically as above.

 

Both OC and H'dens have entries on my Credit File for the same alleged debt. Was advised that this should not happen and to write to CRAS, but in the light of the above, perhaps not worth the effort, although H's default is almost 12 months after OCs, so it WILL made a difference to the 6 year rule.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I've had the same letter now for nearly a year...

 

Three years here!! I know what they are now so I return them back to them with "YAWN" "TRY AGAIN" "BLAH BLAH BLAH" etc written on the back!

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I agree!

 

A E Locke, Hillesden and DLC,

 

 losers who will tell you anything and break regulation and laws to get money off you.

 

Hmmmm, sounds a bit like criminals really!

 

If you know that your CCA is unenforcable just ignore their drivel and nonsense quotations.

 

As far as default markers and vexatious entries on your credit report goes then you just have to bide your time on this one.

 

From my limited knowledge I have assertained that the info held on us by the CRA's is pretty much fiction anyhow.

 

Sooner or later someone somewhere will suddenly wake up and realise that the CRA's are doing more harm than good.

 

Later!

 

RI

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