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    • Waiting for the FOS could take many weeks depending on their workload.   1. When did you last use the gym facility.   2. You say you asked for refunds of £20 and £40 - please confirm, were these actual DD's taken for the m/ship.   It may be useful to ask Starling, "As you subscribe to the DD Guarantee Scheme, please confirm exactly why you have refused to refund DD's in accordance with my request, which is allowed according to the DDGS."   But don't do this until you answer Q's 1 and 2 above.
    • Think son was using the car and forgot to pu as permit on was that correct?  Even if he was using it, he has the authority under the TA to park there and no mention in TA of a fleecer's permit needed, so best not let them know who was driving yet, either way as he can demise authority to park to you as he appears to have Supremacy of Contract, and its a Gated park so no one can get in without an implied authority, they are pretty screwed .  Others will be able to give more advice on that point if they go for court after a suitably snotty letter.
    • ok don't think you've anything to worry about there then. they had a legit reason to hold your data then in-case there was a claim made for hire car costs, as you'll see here thats quite a common scam that goes on now, .    so they got hacked, and have, quite rightly told you so.      
    • name the issuing court: Hamilton Sheriff Court   Who Is The Claimant: Arrow Global Limited   Who Are the Solicitors: Shoosmiths LLP, Saltire Court, Edinburgh   What type of action? (Simple/Ordinary):Ordinary   What is the claim for – I'm not certain i have the correct information   look for the words which FOLLOWS [substantial connection with Scotland] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of XXXX together with expenses.     type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. 1. The parties are as designed in the instance. The defender resides at XXXX. The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. This Court accordingly has jurisdiction. There are no proceedings pending before any other Court involving the present cause of action between the parties hereto. No agreement exists prorogating jurisdiction to another Court.   2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between the pursuers and HSBC Bank plc ("the Original Owner") dated 19 December 2016, the pursuer acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to the Original Owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of a written notice on or around 19 December 2016.   3. The said contract between the Original Owner and the defender is a regulated credit agreement in terms of Section 189 of the Consumer Credit Act 1974. It is dated 11 March 2013, and relates to a Personal Loan Agreement with account number XXXX. It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the pursuer to serve a notice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.   4. On or around 27 January 2016 the defender failed to make payment of a sum which had fallen due and the said account thereby entered into default. A Default Notice was issued to the Defender on 27 January 2016. The Defender failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £xxxx. In terms of the Agreement and the written notice hereinbefore condescended upon, the right to receive payment of the sums due in terms of the said account vests in the Pursuer. A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   5. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.   date of raised claim [or court stamp date from writ or date from ] :- At Hamilton on the 24 November 2020   Last Date Of Service [or from form 07]:- Date of Service 12th May 2021   Last Date For Response [or from form 07]:- 3rd June 2021   What Documents are listed in Box E2:[or in your form requesting the same?] Form 03 (application for time to pay direction or time order) & Form 07 (notice of intention to defend)   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :-   BOX D4 what has the claimant stated: IN FULL   Date of Agreement: – 11/03/2013 Reference Number: – is this the original creditors account number? (y/n) Unknown (ends 4321)  how many digits does it have? 8 Unpaid balance: - £9772   BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] 1. The pursuers having acquired the right to payment of the sums due by the defender under and in terms of the Contract as hereinbefore condescended upon, the pursuers are entitled to payment of the sums due in terms thereof.   2. The sum sued for representing the debit balance due under the Contract, decree for this amount should be pronounced as craved. …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? after 2007 ( March 2013)   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Account was assigned and it is debt purchaser who has issued claim.   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I was living overseas at the time of assignment (from writ it was issued in December 2016)   Did you receive a Default Notice from the original creditor? No, I was overseas   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   When was you last payment:- Uncertain but would guess approx mid 2015   Why did you cease payments:- was living overseas   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     Expanding on additional information - I expect that it has taken 4/5 months since the warrant of citation was sought to establish my current address as the writ states my previous address (prior to moving overseas in 2015)  
    • Most banks restricted branch services when Covid hit in March last year, with many closing altogether. The move caused long queues down high streets around the country. View the full article
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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
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I have a default on all 3 CRA' s from GE captial bank (Debs). The account shows as settled but I would like to try and remove the default. I have recently sent them a Data Subject Notice to try and get statements from them for at least 2000-2003. I was going to try and get the default removed as part of the charges (re my other 2 defaults). The difference is the other 2 defaults are made up of mostly unlawful charges so I think I will have a good chance of getting the default removed.


GE capital will be different from the other two with regard to unlawful charges and I am wondering if it would be okay to send them your letter template requesting a copy of the original default notice and agreement. Taking into account I have already sent them the above notice for the statements?

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Thanks for your reply. I am going to use the method suggested but I want to know if it is okay to send that when I have only just sent the DPA letter for the statements? I dont really want to wait the 40 days for the statements when it is the default that I need getting rid of. I know I could probably use the default issue as part of any claim but it will all take such a long time going that route and that is why I have decided to use Surlybonds template but not sure if I can because have sent the DPA letter for statements. I would really like to know if someone could tell me as I am off on holiday tomorrow and want to post it before I go. Can anyone help please.

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I don’t see why not both are separate issues; know matter how the default got put on the Data Protection Act request is for a copy of your info not for them to stop sending it out to every Tom, Dick and Harry

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