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    • Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim.    The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.
    • It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
    • Husband and I have finally saved deposit to buy our house and seen a house we like so I checked my credit reports before we give the mortgage broker the thumbs up!    I knew something would come and bite me on the bum!    I had an overdraft with lloyds which I have not accessed since 2013. They have sold to Arrow Global who have put a big fat default on my account. It shows on my transunion credit report as pasted below. Defaulting in April 2020.     I did not change my old address with them. I am unsure how to approach this as cannot be sure it is statute barred as it is an overdraft (even though I have not touched it, acknowledged it since 2013). The default date shown is Nov 2015 but not reflected in the way Arrow Global are sticking the defaults on. Should I send a 'statute barred' or 'prove it' letter? Should I dispute with the credit reference agency? I am unsure!    I would like the default off the account the quickest way possible to have a clean credit report!      OVERVIEW   Account type Current Account   Status Default   Account number     Last updated 2020   Start date  2008     PAYMENT INFORMATION   Opening balance £1,199   Repayment frequency Monthly   Date of default Nov 2015   Promotional rate No     PAYMENT HISTORY     J F M A M J J A S O N D 2020       D D D D D D D D D     OK   Missed payment -- No data D Defaulted     BALANCE OVER TIME   Your balance has not changed since Jan '20.   APR '20 | £1199MAY '20 | £1199JUN '20 | £1199JUL '20 | £1199AUG '20 | £1199SEP '20 | £1199OCT '20 | £1199NOV '20 | £1199DEC '20 | £1199£1299£0JAN '20JAN '21
    • Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing?   Does that inc other lawyers? Surely that should say at least 1.
    • Thank you BazzaS, I completely agree with you!      
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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

Motormile Finance DCA- Doorstep Visit **


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yo,,,, Well 10 seconds at my age may be worth a visit,,, have to get some off those blue pills me thinks.... That's a cracking site though.... surely they are inviting a complaint.... !!!!!!!!!!!

[sIGPIC][/sIGPIC]Happyhippy1959

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OH you are AWFUL she's from the ad agency the real one a MOOOOOOOOOOOOSE:madgrin::!::jaw:

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I take these are the old fashioned herbal Asthma fags one sold in chemists all over Britain:madgrin::smokin::smokin:

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Hi, HH I certainly sold at Boots when I did my apprenticeship in pharmacy the sixties along with

dispensing prescriptions for purple hearts:madgrin::whoo:

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I can well believe it... Brilliant,, my poor mother was a legalised junkie, the GP's dispensed uppers and downers to the council estate mothers like smarties. Still remember when she gave me a Tuinal to help me sleep when I broke me ankle while on leave, flipping heck never got out of bed for two days. Oh boy them poor mothers of the sixties Amphetamine tablets in the morning can't remember for the life of me what it was called then either Tuinal or mogadon at night.. No wonder she is Barking mad now poor bugger.

 

what an era things so simple. Damn shame I was too young....... Hippy had to do the 70's instead.. But hey that was a great time to,,, till I joined the Army and ended up on the Falls road with everything but the kitchen sink coming at me...damn recruiting Sergeant, told me I would see the world, plenty of sports and meet interesting people.... Bloody could have gone to Kilburn for that ****e...

 

So hey,,, what's a few debt collectors in the grand scheme of things..

Edited by Happyhippy1959

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Much the same for me after qualifying hating retail pharmacy, joining up

Med Corps.and Sandhurst then bl**dy Malaya then Belfast for 3 months.

How about good old Kilburn,my wifes' from their and me from the east end to Finchley

and The Israeli protectorate of Goldstein Green where the Rabbi tried to turn me into a good yid as he

put it:rockon::rockon:

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bless em all,,, love it.. Mrs ex - Hippy was a lovely Irish Colleen from Co Roscommon ....... Bet your glad you did not take up the Rabbis offer,, could have ended up with a part missing !!!!!!!!!!!

[sIGPIC][/sIGPIC]Happyhippy1959

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Too late Hippy done at two days old the good old schemekle ectomy:roll: but I still like bacon butty:madgrin::flypig:

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Reminds me of the the old joke about the two squaddies stood at the urinal.

 

The first squaddie says "I see that Rabbi Cohen performed your brit milah",

 

The second surprised asked how he knew that.

 

"Easy" said the first, "You've just slashed all over my boots". ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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I resem:clap2:ble that remark

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At least I don' remember the Bris, brings tears to the eyes just thinking about now:jaw:

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  • 1 year later...

Possibly!

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If they thought they had good case they would. However Pdls rarely take people to court. The majority of times, they only take people to court if they think they can get a judgement by default. Once a defendant submits a defence the pdls usually run with their tail between their legs or offer huge discounts to try and settle out of court so a judge can't see what they are doing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If they thought they had good case they would. However Pdls rarely take people to court. The majority of times, they only take people to court if they think they can get a judgement by default. Once a defendant submits a defence the pdls usually run with their tail between their legs or offer huge discounts to try and settle out of court so a judge can't see what they are doing.

 

what is a judgement by default?

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you dont turn up!

 

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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  • 2 weeks later...

Hi

 

These people are absolute parasites.

 

I sent them a letter asking them not to visit my property and asked for

a copy of the original signed CCA,

a statement of account,

proof of who owns the debt and

a copy of their complaints proceedure.

 

What did they do?

 

A week later they had the bare faced cheek to write back and tell me I hadn't replied to their first letter with this new letter titled, "Notice Of Visit Without Appointment".

 

I'm sure the OFT would love to get their hands on these idiots.

 

They are a pain and I have written back to them reminding them of their legal obligations

and that also I will be gathering evidence against them in readiness for prosecuting them.

 

I have also reminded them that if they show up I will call the Police and have them prosecuted for breaching the protection from harassment act 1997.

 

Anyone else found the letters just go unnoticed?

 

Regards

 

James

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This is the way almost all PDL's operate unfortunately. Thats why CAG always advises people to keep a copy of what they send, just so you can counter scenarios like this.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Just be aware that these letters have NO human input,

they are all computer generated and then spat out on a regular cycle,

so until someone tells the computer to stop sending out their childish empty threats, they will continue to do so.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have had communications from these clowns for the past year and then it all stopped and now started up again,

having done a LOT of research both on the legal ramifications of DCA's and also statutory consumer legislation, notwhithstanding the law on debt.

 

I have concluded as follows.

 

1. Unless the creditor send YOU a letter confirming that the debt has been sold as part of or separate to 'a bad debt bundle', they're shafted.

Creditors would rather get £20 for a £500 debt as something back rather than nothing,

so DCA's like Motormouth buy large bundles of bad debts,

if they manage to secure a repayment plan and collect thw whole debt, they're QuickQuids In (pun intended).

 

2. MMF appear to not like playing by the rule of law, they are notoriously not contactable by email,

I have tried all sorts of tricks to get an email inbound and it fails every time,

WHOIS searches also don't give any firm contact, they LIKE telephone contact,

offering a freephone number as they have persuasive agents who are commission based,

they'll be your buddy, your best friend so long as you cough up the sovereigns,

 

3. They, as all DCA's have NO power in law above you and I, they are a private limited company by share,

owned by directors (ex illegal moneylenders probably who went to the wall when Payday loans kicked in).

 

4. The grounds rules are NEVER call them, EVER, if they send a text message ignore it, if they call ignore it,

most DCA call centers have auto responders, which permanently dial the known numbers of debtors,

should you answer there's a slight pause and it connects to an agent, they use pseudo mobile numbers to allude you to pick the call up,

many people ignore landline numbers but will answer a strange mobile number (and we have YOUR number MMF!)

 

5. They don't like emails ( a valid and quick legal way of communicating).

 

6. So, contact by post only to their head office address or if you want to be smart

and send legal notifications to them send them to the Registered address for service.

 

7. Always send by Recorded Delivery, NEVER give a legible signature on a letter,

I have heard of DCAs copying and pasting sigs onto agreement forms, nasty way to do business.

 

8. If the debt is big enough or if you owe multiple creditors and they have a bundle which would earn a tidy sum then

they will probably attempt a visit if you're local to one of their misbegotten offices, failing which its just letter after letter after threatening letter.

 

So, how to deal with pond life like Motor Mouth Finance?

 

One very easy and simple solution, street legal (they and TV Licensing know this!) and basically they're screwed.

If they can PROVE they own the debt, and its not in dispute between you and the original creditor they 'may' try court action,

but the courts are now very wise to these scumbags and rarely find in favour.'

 

'WOIRA' - remember the acronym, WITHDRAWAL OF IMPLIED RIGHT OF ACCESS

 

A legally binding notice from a householder, doesn't have to be legal owner or landlord or property, as a tenant you have this absolute and irrevocable right in law.

The only TWO organisations that can bypass this is a) The Fuzz and b) if they believe you're watching TV illegally, the Capita cowboys that run the TV licensing contract

BUT they have to have a search warrant first AND have reasonable grounds to suspect

... mere possibility is out of the question. You need to send MMF a letter by recorded delivery (and keep a copy AND receipt)

saying something alongside the text below, this is legal and prevents them by law from any agent,

collector or person remotely associated with the business from attending your property or setting foot on it,

to do so is the civil offence of trespass for which your remedy in law is to sue, if they repeat visits it becomes trespass with harassment a more serious offence at court.

This kicks the cowboys into the long grass, DCA's would rather you didn't know this as it is such a strong weapon but not widely known

(Bailiffs especially hate it as they LOVE home visits. TV licensing became so concerned about the threat of action from householders that they created a new policy document to cover it, it really is THAT powerful !!)

 

The format of your letter only needs to look similar to that shown below to be off effect.

 

" 14.07.2012

 

 

 

LEGAL NOTIFICATION

==============

 

 

 

I reply to you by recorded mail in response to several text messages and

attempted telephone contacts to the above alleged debt. i have not

received to date by recorded delivery any deed of transfer nor deed of

assignment of the debt from the purported and alleged creditor.

 

 

I 'YOUR NAME', give formal notice of WOIRA, 'Withdrawal Of

Implied Right Of Access' to the property known as 'YOUR ADDRESS'. This notice prohibits any

visitation by any operative / agent / person / or body corporate from

attending the above property without revocation of WOIRA or by prior

written rescission of same. This WOIRA applies to Motormile Finance (UK) Ltd and its authorized agents or third parties connected with them.

 

 

Take notice that should you attempt to enforce a 'doorstep collection'

process, you will be committing the offence of trespass in law and legal

action will be taken against Motormile Finance UK Limited, by service of

a notice by recorded delivery at court to the following address ;-

MOTORMILE FINANCE (UK) LTD - SANDERSON HOUSE STATION ROAD, HORSFORTH,

LEEDS, LS18 5NT, and of which the company registration is 06637307

 

No further communication will be entered into on this matter, nor will

any letters, telephone contact attempts or text messages be replied to

or complied with. Further harassment for alleged debt will be met with

the full force of the law as circumstances dictate.

 

Yours,

 

 

'AN ALLEGED DEBTOR' "

 

This ladies and gentlemen will p1$$ them off immensely. Have a good day! :wink:

Edited by DCA Hater
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Very nicely put DCA hater,

 

can you answer a question, If a DCA say's that

 

We are writing to give you notice that by agreement between blash and us the parasite DCA the outstanding balance owed on your accout to blah blah comapny

has been assigned by blah blah to Parasite DCA limited together with all rights and title to interset in respect of the outstanding balance

this means the outstanding balance should be paid directly to us

 

Does this mean they have bought the debt or should they say we have bought the debt.

 

Also I have had no notification from Blah that they have sold the debt.

Is this as I think smoke and mirrors, it is for a disputed home insurance I did not require due to leaving the home so I wrote and cancelled.

after four months they write and say we could not pick up January and February premiums. e-mailed them copy of letter sent..

 

my God this was for £58 and has been through 2 DCA's and it has risen to £166.

 

I have no intention of paying this and yesterday a letter from there pet solicitor well known on this site gives me 10 days or else Northampton CC...

Edited by Happyhippy1959

[sIGPIC][/sIGPIC]Happyhippy1959

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rights and tital

 

that should be rights and duties

 

equitable or absolute assignment ????

 

if i got one on those assignment notices i would ignore it myself unless served by recordable mail or a process server as to section 196 law of property act 1925

 

but thats me, only you can make that decision

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