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    • Thanks for this. What should I do if they refuse to negotiate anything on a monthly / weekly basis. I will go to FOS absolutely but unfortunately that still leaves me with the panic every day about the car. 
    • The ideal would be a negotiated discounted settlement  The cards in your hand are that you would most certainly win an irl complaint via the fos And the behaviour of Burlington  Im not so certain that you would win on unfair treatment given that for a LBL company they have been pretty accommodating for the best part of a year  If they don't agree to negotiate on a monthly payment of the 1500 then straight off to the fos Only if things get dicey consider a time order due to your other debt a t/o could get messy
    • Sorry to disagree. Credit file drops off at 6 years, which is the Statute Bar period for 'simple contract debts' But the limitation period for mortgage debts is 12 years.   https://www.nationaldebtline.org/fact-sheet-library/statute-barred-debts-ew-/   So (in theory, at least(, it can drop off a credit file at 6 years, the lender can issue a County Court claim at any point up to 12 years, and IF they do, and IF they succeed, the CCJ then shows on your credit file....... yes, there are lots of 'IF's there, but it isnt as cut and dried as at first glance.
    • Hi all    Thank you so much for all your comments and advice, especially @bankfodder    The treadmill was a Proform pro 1500. Icon are the manufacturer.    Just to clarify this is the second machine we had. The initial treadmill we had for approx 2 months. Again this was working fine one day then would not switch on the next. We reported this to Sweatband who redirected us to the manufacturer. The problem was the same with the electrics however on that occasion the manufacturer indicated there was a problem with alignment of the running surface and they sent a replacement. Now the electric problem is the same issue but they are saying the item is in an unsuitable environmental.    I have reviewed Sweatband's website again and now I notice there is a small Q & A section at the bottom which states as follows:    "Can I keep this treadmill in my garage? if your garage is insulated and is warm and dry throughout the year then it will be OK. However if it's an ordinary garage without heating or insulation we'd say it's better not to put it in there as cold and damp conditions may damage the electronic components."    Do you think this now means we have no protection? I cannot say if this was on there when we purchased the treadmill. I am also reading a number of reviews from other people indicating the treadmill has packed in after short usage. These reviews are all after we made our purchase.    Thank you again  EM0149
    • Begging letter - ignore.   It's not Debt Recovery Plus's debt, so they can do absolutely nothing.
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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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Credit card company have not responded to S.78 request for agreement, etc within the 12 + 2 days.

I've prepared letter of dispute using excellent template from Debt Library, one query though!


Para in letter refers to removal of all my personal info from their records iaw DPA, will I be shooting myself in foot if SAR submitted at later date (as they should have deleted all my info) or is it best just to omit this section for time being?


Which way to go?


Thoughts please. :???:

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You can remove that bit if you wish but in reality, the creditor will ignore it anyway.


Since a case last year, it has become much harder to get them to stop marking your credit file.

You should remember that the debt still exists. Having no agreement (pre 2007) just means they cannot enforce it

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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