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    • pers i'd simply stop payments they know your correct and current address, it can't hurt you, if things get sticky then you simply resume payments.   it is sooo many years down the line that i bet all records are now well destroyed and no-one will be able to prove anything. they can't simply rush back to court in an instant and you'll get suitable notice of that happening and again you can always resume at no penalty even then.   i think we'll see what they write with and then give them a bit of a run around with various requests and see what game they want to play. i would suspect that HSBC whom now own all HFC stuff (and is now the claimant) will have zero knowledge of this debt, the CCJ norseen any payments in +10yrs if they ever received any through the scamming weighman's at all - whom can't do anything themselves without instruction from the debt owner (i bet it was sold on years ago too!)
    • do it yourself its easy and free and might even get some wiped out!   who says the debts are even enforceable?? have you checked? - stepchange nor any DMP provider  don't  either bother to check they are even legally enforceable, they just blindly recommend you paying their mates at the banks and the debt collection agencies. as they get back handers from them.   could you poss list her debts please and we'll help you do it yourself.
    • I have found the original judgement. Claimant was HFC and payments were to Wightmans.   I did think of making a manual payment to weighman's to see if that got returned too, after all the judgement does state to pay them.    If it did go back to court, do you think I would have a chance of having the judgement cancelled and wipe the debt after such a long time? After all, I do believe that a lot of trickery has gone on with this case.   Yes, I am sure that I was scammed but at that time I had no knowledge as I do now. I should have defended it not admitted it.   A year later, after getting educated on the situation, I had a similar case with Barclaycard which was total fiction other than around £1000. I did fight that and had the whole debt written off including the amount I did owe. Hindsight is fantastic but expensive thing.    Getting back to Wightmans, they did at one time write stating that there was a charge on my property and that they would enforce it if I didn't contact them to arrange a new payment schedule. The charge did not exist and still does not (I checked) because the court refused it. Pure trickery. I simply ignored their letter and continued paying £10 a month as instructed by the judgement and nothing happened.   But it would be nice if I could have the judgement cancelled after all their trickery and the stress they have caused me over the past 14/15 years. They have had a real lot of money out of me especially with the huge interest and charges they added that I should never have been liable for.   Otherwise, I am happy to just pay them £10 a month until I die so long as I don't get forced back into court to pay a higher, not affordable amount.    Thanks to all of you giving me advice.       court order.pdf
    • Really sorry to hear about you suffering from COVID.   Don't worry, there is time before 4pm Monday.   The reason we recommend a short defence is so as to not play all your cards too early.  Later on down the line the defence can be fleshed out with the Witness Statement.  For example, "no contract was formed" in the defence can then in the WS become why a contract wasn't formed - rubbish signage, the keeper wasn't the driver, no locus standi, the fleecers had no Planning Permission, bye-laws, etc.  Less is more.   Simple Simon (the owner of VCS) has an appalling record of losing airport bye-law cases, even when the driver didn't break down - let alone in your case!   If you feel up to it, look up VCS or Excel airport cases in our PPC Successes thread (start from the last page and move back) for a suitable defence.  If you don't feel up to it, I'm sure one of us will find time before 4pm on Monday.    Just one thing - have you got proof of the breakdown, such as evidence of payment that you got the alternator replaced?
    • My partner recently joined Step Change and is in the process of setting up a debt management plan. She is concerned about one of the questions she answered though i.e. Have you been on debt management plan previously?   She did 'no' but in fact was on one with CCCS about 20 years ago. She told me that at that time she was told by CCCS that they couldn't help her if she had been on one previously. She settled all the debts with the creditors back then.   Why do StepChange ask that question and would it prevent someone getting on a DMP today?   Surely if the debts were that old i.e. more than 6 years old, and she paid them off under the DMP, there would be no record of the DMP in any case?
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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

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