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    • So, I'm better off cancelling any dd's relating to debts, just to be safe?
    • there is no need to be frightened of a DCA or their pet solicitors. a DCA is NOT A BAILIFF and have  ZERO legal powers on ANY debt no matter what it's type and most certainly have ZERO powers even with a CCJ.   how did you inform SLC of your present address before these debts were sold to erudio?  
    • just be aware that some DD's give their takers the chance to get what they want when they want standing orders and or manual BACS transfers might be better.
    • Thanks for your help - I will call Northants on Monday and record the call   I did inform Student Loans of my change of address when I moved, but I'd never heard or Erudio or Drydens before yesterday.   I didn't want to give my new address to Drydens yesterday as I was scared that they would send someone to my door.   I did call Erudio and explained the situation and they asked me to call Drydens to ask to speak to a supervisor to raise a query with Erudio, which I did. They have placed a hold on the case for the time being.   I have looked at my BTEC certificate and it is dated July 1998 and it was a two-year HND. It looks like I got my years muddled and that the loan must have been taken out in 1996 and 1997 so it pre-dates 1998 as that is when I got my qualification.     After I get the details of the claim on Monday, what should I do next?   Again, thank you for your help in this.  
    • Thanks for the quick replies and advice!   I need to check the dates of these cc's, but i'd estimate:   Bcard1 - 2001 Bcard2 - 2007/8 Lloyds - 2015 Tesco - 2016 Natwest - 2003   The loan was taken out in 2019.   Regarding enforceability - this is part of the reason I want to manage any plan myself - I don't want to be cash cowed.   I will open a parachute account this weekend, outside the RBS group and move dd's to this account!    Seems scary to just stop making payments, but I agree, the sooner the defaults are applied to my file the better.    I haven't taken advantage of the covid payment holiday on the loan, but i assume that would be fruitless for the same reasons - can Natwest insist I take this to avoid defaulting the account   Thanks   A
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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

Default damages [PCWorld wrong laptop sold & HFC Finance]- Supreme Court


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Excellent news for you Durkin, it is about time that these low life companies took responsibility for the damage they cause to peoples lives with their actions.

 

 

I am a little way behind you with a similar case having proved in court that I had no debt with a company yet they are still updating defaults on the credit file.

 

 

Once again congratulations and best wishes to you.

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Very pleased for Mr Durkin, shame that the findings of facts of the First Division cannot be disturbed, I think all he gets it £8K, not much given the stress this must have caused over the past 15 or so years.

 

A win for consumers though.

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Congratulations to Richard for taking this on and winning, but so disappointed for him that the judges awarded only £8,000. :-(

 

If you read the Judgement it does seem fair to me that the damages were only £8000.

 

I note there are at least 3 threads on this, spose they could be merged.

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Congratulations Richard. I hope you can put this behind you now.

 

What's Best for You?

 

 

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Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Good to see that the court found a common sense way to rescind the credit agreement, personally I think that this aspect will be the greatest assistance to the consumer.

 

The section 75 argument failed and there was little mention of the general losses issue, except to say that they did not have the power to make a ruling on the issue. I cannot see how the situation regarding this has been changed.

 

Although I am sure that there will be a rash of CMCs which will argue otherwise.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If you read the Judgement it does seem fair to me that the damages were only £8000.

 

I note there are at least 3 threads on this, spose they could be merged.

 

I can see why they put the damages where they did but it's still not very much considering the length of it all and the stress Richard has been through.

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I think it is a great result for consumers and it is common sense. If you buy a product, then return the product, you don't need a credit agreement for that product. That is it in a nutshell and the whole thing could have been sorted out in five minutes if anyone had employed a modicum of common sense.

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Racking my brain for the main case on damages awarded for problems caused by reporting to CRA, am sure the award was £8,000 too.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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well done paul I know we could wish for more damages but lets hope the interest owed will help some plus all costs hopefully again congrats

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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oooops Richard Apologies lol

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Thanks for the support everyone.

 

I'm trying to push for a defamation claim now but it seems that it would cost too much.

 

British justice has failed, particularly in Scotland.

 

Rico.

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If the so called supreme court are powerless to institute previous determinations etc then they again are a waste of time = Also the so called cost to get justice degrades the British Legal system, as they could at outset sit around a table and discuss issues there and then instead of this proceedure that proceedure etecetecetc, they obviously did not want to rock the boat of Banks etc having the upper hand and set precenence to further scandle claims.

:mad2::-x:jaw::sad:
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