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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
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Moorcroft chasing Lloyds loan now sold to 1st credit


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Don't be too quick claiming as you are not quite there with SB.

 

You probably have another month or so to go before your son in law is clear.

 

It would be a pity to resurrect the debt for the sake of a month or so.

 

Can you manage till early September to be on the safe side?

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if LLoyds still own the 'debt'

then regardless to SB date they can still offset and theres nowt you can do about it.

 

statute barring in E&W solely stops the owner of a debt enforcing any resultant judgement if they litigate.

so they don't bother.

 

the debt itself still exists.

 

and as said if it's still owned by the original creditor, any reclaim can be offset against the outstanding balance

the only thing they cant use is the statutory 8% interest redress they have to pay you.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Thanks for that dx100uk, still tempted for the 8% interest, have claimed successfully from them in past so hopefully can again. Need to get brain in gear over next few weeks and find the motivation in my old age.

 

Package account will be a different kettle of fish - must look at that thread and pick up the pieces.

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  • 4 weeks later...

post removed

 

 

forget that wrong thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Got round to asking Lloyds for statement of account on CC.

As expected eventually got a reply from Cabot, who now own the debt.

 

Long story

 

CC was cancelled by LTSB and we came to a repayment plan, which at time of sale to Cabot was £5 per month.

 

Looking to reduce it.

Current balance £1400.

As ever they threaten to demand payment in full if agreement not honoured.

 

Lloyds agreed to £5 per month August 2014, subject to periodic review - no detail as to this timescale.

 

I do not wish to stir up a hornets nest, but tempted to reduce it, without informing them and continue to pay cash at local Lloyds branch.

 

Two questions really

- as credit card cancelled,

no agreement other than the £5 with Lloyds,

could Cabot demand full payment if default on the £5 per month.

 

Second, should I write and state due to worsening financial affairs, monthly payment will be reduced.

 

Intend.

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CCA request

upon failure stop payment totally.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

I think yes, you should claim the PPI.

 

Of course there will be an attempt to set it off against the amount outstanding on the loan but I'm wondering whether it might be possible to take steps to forestall that.

 

Is it correct that the loan is still with Lloyds? Have you written to Lloyds and inform them that the loan is statue barred? Have you looked at CONC 7? I would suggest that you write to Lloyds and inform them that the loan is statue barred and draw their attention specifically to CONC 7 and make it clear to them that any attempt to recover the loan or to demand payment would be unlawful.

 

Have they written to you during the last six years?

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Notice of assignment from Lloyds Nov 2013 to 1st Credit, the August 2015 they advised reassigned to Lloyds. Last payment 2011. Have not written to Lloyds.

 

Will need to check details of correspondence over last years as well as check out my old thread. Have not looked at CONC 7 but will do.

 

Thanks for the response.

 

Intend

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You can claim but I am surprised that Bankfodder wants to do it on your behalf? The PPI claimed will probably be used to pay any outstanding balance on the loan.

 

Sorry, that was my dictation software and my poor annunciation plus my lack of attention to the final result which caused me to post an offer to claim the PPI on behalf the OP.

 

I've corrected it now.

 

Apologies for the misunderstanding – and thank you to Surfer01 for pointing it out

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Sorry, that was my dictation software and my poor annunciation plus my lack of attention to the final result which caused me to post an offer to claim the PPI on behalf the OP.

 

I've corrected it now.

 

Apologies for the misunderstanding – and thank you to Surfer01 for pointing it out

 

No problem. I suspected as much. LOL! :-D

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is the loan still owed by Lloyds or sold to a DCA?

if they latter they yes reclaim it using our help

if its owned by Lloyds and there is an outstanding balance then it will simply be offset...not worth the aggro.

statute barring only stops court enforcement in E&W, if the original credit still owns it, then they CAN offset legally as the debt still exists on their books.

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
is the loan still owed by Lloyds or sold to a DCA?

if they latter they yes reclaim it using our help

if its owned by Lloyds and there is an outstanding balance then it will simply be offset...not worth the aggro.

statute barring only stops court enforcement in E&W, if the original credit still owns it, then they CAN offset legally as the debt still exists on their books.

 

 

 

dx

 

Notice of assignment from Lloyds Nov 2013 to 1st Credit, the August 2015 they advised reassigned to Lloyds

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means Lloyds still own it.

 

looking at your other thread..

 

what did you actually have refunded ,,,have you ever had anything refunded with regard to this loan..and what happened to it..off the balance or to your pocket?

 

AFAIK Lloyds haven't sold any debts on since 2015 now,

I know someone that had 4 cards and 2 od current accounts.

they were all sold to various dca's but are now all back under Lloyds and can be viewed on his Lloyds webportal.

all are statute barred.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I thought the interest could not be offset - this could be a substantial amount.

 

Not sure if this will work forum wont allow me to attach at the moment.

 

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=5623

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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yes it works andy

and that was a very important decision years ago.

 

just incase intend doesn't understand it....

they can only offset the loan PPI against any outstanding balance on that loan only.

it being statute barred...is sadly immaterial in E&W if Lloyds own the loan debt which looks probable.

intend you can double check this by logging into your Lloyds webportal.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Lloyds still own the debt, nothing refunded, statute barred as unable to provide an agreement and not paid or acknowledged since 2011. Guess I need to go down the route suggested by Bankfodder before reclaiming. Might try a reclaim as nothing to lose.

 

Focus on packaged account reclaim in near future.

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  • dx100uk changed the title to Statue barred lloyds loan with unclaimed PPI
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