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    • Ok thank you for such a quick response. Yes we did claim tax credits for a while when we were both working but not earning a great deal but again, I don't know how an overpayment of that happened but they have written to us although the amount is different every time. I did call to set up repayments but they refused..saying deductions from UC will be made until the claim is closed and then I can pay directly. However, I might ask for some sort of proof or breakdown as we have no idea what happened or how that overpayment has occured. Thank you for that bit of advice. I hope to get it all sorted as soon as possible.
    • I think your starting position is that you should make a claim through UPS using the usual claim process. Of course they will knock you back and they may well refer you to Packlink – but the important thing is that they knock you back. It's that point that you send them a letter of claim. Your letter of claim is fine. Don't forget to head it up "letter of claim" and then when you eventually sue them – as you surely will have to – make sure that we see your draft particulars of claim before you issue. Begin your claim process against UPS – and let us know what happens and will see if your letter of claim needs to be refined at all. Make sure that you read around on the sub- forum about all the stories – mainly Hermes – but the principles are broadly the same. Make sure also that you read around on this forum about starting a small claim in the County Court.
    • you appear to have everything correct and have done what you needed to do at each stage.   now, looking thru you state:     i would be questioning them what this was actually for, they should not be just taking money without PROOF , and as you state you had never had any benefits before period this puzzles me and we've seen very historic tax credit grabbacks that date back 10's of yrs. so try and nail that one down, don't get fobbed off they are simply right all the time.   as for the rest of it, to me it sounds like they want to ensure you did get all you were entitled too as you situation changed many times. nothing to be afraid of.   dx    
    • 3 copies court sols your file   no to mediation 1 wit you   the rest is obv.   on the copy to CEL or their sols if they state one do not give them email/sig/phone.
    • usual game by erudio in that the last confirmed deferment was about 2011 but erudio didn't issue a DN until some 5yrs later  so i was thinking of:    alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   as we know drydens will claim thus its not SB'd.   sadly this case is somewhat complex in that there was some confusion by the OP upon this being paid off already, so had before they came here filed a defence stating such.    once the story was fully relayed, but which remains somewhat confusing still,  and things sorted out, it transpired this was for an honours student loan settled through Link/Thesis etc and nothing to do with the ones sold to Erudio.   it also transpired that a deferment direct to the SLC before 2013 sale, did not actually happen and SLC kept the details awaiting the OP to resubmit it, which never happened. this resulted in SLC taking payments because the Op's account was in arrears, this also latterly enabled Erudio, without permission nor any contact, to use the existing SLC DD to take payments in 2014 i think. which should not have happened.   i think thats it in a nutshell.    
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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!
       
       
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We have so much debt, it seems only hope is selling house!


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Thanks for your replies. Am going to sit down with hubbie tonight to make payments and work out who is still charging us interest - can't remember who it is at the mo without looking.

 

We have sent updated income and outgoings to companies who asked, allowing for all our costs, and two of the three we sent these to have accepted our proposed payments (which are still quite low and manageable).

 

BD, hope you are right that they will accept very low F&Fs at some point as with increasing costs we have no chance to save any money at all.

 

Most of the time am coping quite well with the situation but must admit I've spent the past couple of weeks worrying a lot about our debt and how we will ever pay it off, and that we will never be able to move as we can no longer obtain a mortgage - our house is too big and expensive but it is irrelevant at the moment as houses aren't selling anyway.

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W

 

Good to hear from you. As you say, check out who is still charging interest and try to get these charges stopped - ideally with any interest chargedrefunded and back dated to when you first told them of your hardship. If they won't play ball threaten them with FOS - which will cost them £500 just to be referred to FOS by you - so they might play ball to avoid this.

 

I wouldn't worry unduly about bad credit ratings affecting your abilty to move in the medium/longer term - especially if it's to a smaller house with a lower mortage - things will improve over time - as property recovers and banks start to lend money more freely - then they might go back to rating you just based on your keeping up to date with your mortgage payments. If the token payments are affordable then just settle down and accept you'll be paying them pretty well for ever. That's what I've done with the two £5 monthly token payments I'm making - and will do so until I'm about 200 years old!

 

Good luck!

 

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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  • 2 months later...

Hi everyone,

 

Hope you're all well?

 

Quick update: We've had a letter from HFC, offering us a settlement figure, which I think is approx. 1/3 of the total debt. We don't have this money at the moment, the offer is valid for 30 days in total, so about another 3 weeks.

 

As hubby is currently out of work again (although hopefully not for long, fingers crossed) we're not in a position to make any payment at present but would like to make a F&F payment to them when he is working again.

 

Would it be a good idea to make a counter-offer to them?

 

Thanks guys (and girls!) :-)

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W

 

It's very important that any F&F deal is handled correctly - e.g. using a cheque from a third party - to protect you from them just applying your payment as a payment on account to redcue the balance.

 

Use the next 30 days to read up on a number of other F&F threads - so you know more about how to handle it.

 

However a "try on" offer of say 10-20% F&F in the mean time might not go wrong - but be sure to say you have been given very limited funds from a friend/relative and he/she will only agree to pay 10 or 20% F&F - nothing more - and you have other potential calls on this money to pay other creditors - and can't pay everyone even 10-20% with what has been made available to you just now. It might work - but certainly won't do any harm.

 

I have always found THEIR "limited time" offers get extended/repeated at any future time if/when the money is actually avialable - so don't worry about losing out on this current offer. A 33% F&F is not too bad - but 10 or 20% is so much better (for you - not for them) - so worth trying for.

 

Incidentally - I assume you're pretty sur ethey have an enforceable CCA agreement? If not then I would offer zilch!

 

Keep us posted - and post up any proposed letter before you send it.

 

Good luck!

 

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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Hi wlchil

 

It's good to see you're alive and kicking. Nobody has yet offered me nuffink full or final and I defer to the advice of BD and other colleagues. It's interesting that when the banks offered to take a 50% F&F Greek haircut bank shares rose and when a Greek referendum was announced shares fell.

 

Funny old world?

 

x

 

v

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  • 10 months later...
Hi everyone,

 

Hope you're all well?

 

Quick update: We've had a letter from HFC, offering us a settlement figure, which I think is approx. 1/3 of the total debt. We don't have this money at the moment, the offer is valid for 30 days in total, so about another 3 weeks.

 

As hubby is currently out of work again (although hopefully not for long, fingers crossed) we're not in a position to make any payment at present but would like to make a F&F payment to them when he is working again.

 

Would it be a good idea to make a counter-offer to them?

 

Thanks guys (and girls!) :-)

 

W

 

Lonmg time no hear - hopefully a good sign? How are things going with you now?

 

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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W

 

Lonmg time no hear - hopefully a good sign? How are things going with you now?

 

BD

 

Hi BD,

 

It HAS been a long time, hasn't it?

 

Everything is more or less fine, no change really. Every three or six months some of our creditors contact us to say our agreement has now finished, I send off new I&Es and they accept for anothe 3/6 month period.

 

Hubby has been working since January and has contract til the end of the year. Still no chance to save any money to pay off large amounts of the debt :-( the money doesn't seem to go far these days.

 

Thanks for asking :-)

 

Hope everyone else is ok.

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W

 

Things bumping along OK with me too - no further F&F activity - I'm only paying out two lots of £5 per month to Egg and Barclaycard - and just fending off various new DCA's who turn up every so often to chase up on the othe runresolved debts - but go away when I tell them I've got unanswered CCA or SAR requests and to come back when these have been answered.

 

It's just a case of waiting until these debts become SB - but they are all still 2-3 years away as foolishly (pre CAG) I was paying small token amounts to any new DCA's when forced to do so - I now know this was to restart the SB clock and stop it ticking to the SB date too quickly - I now know not to do anything like that - and I just tell them to come back when the outstanding CCA or SAR request has been fully dealt with!

 

However I'm having a bit of a problem with Glasgow Parking who claim an appeal letter I sent them didn't arrive - see thread below. They've gone right to the Bailiff stage without my getting any chance to state my case to anyone impartial - local democracy??? HUH!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276853-Does-the-OFT-guidelines-on-Debt-Collection-apply-to-Council-Parking-Fines-and-Council-Tax-debts

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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