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    • They are very nonsensical aren’t they? As far as I can tell they have no proof of ownership of debt whatsoever - it feels like they’re just hoping I cave in 🙈   I’ll get onto the CRA’s now - thank 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.
       
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      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.
       
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      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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Arrears payment in full


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Hi

 

Our mortgage company are taking us to court on 2 August for possession of the house unless arrears are paid in full. My mother has given me the money to pay the arrears in full, I have informed the Mortgage company of this but they say they will not accept payment from us unless I prove where the money has come from and where my mother's money has come from and she provides them with bank statements.

 

They say they will still be taking us to court, are they really able to do this? All we want to do is pay off the arrears!

 

Please can anyone help?

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That is the first time I have heard of this !! Do they think you or your mother are laundering money ? I would pay as much as you can, and then at the hearing raise the issue of excessive charges too - http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

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Hi pinky

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

This has been flagged up.

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Which company is this ? any claimant has to attempt to come to a solution before court, it may be that they want to prolong it so they can claim their costs !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Hi, thanks for reading my post.

 

The company is Rooftop mortgages and they will not accept the payment in full for the arrears. I don't feel it's right for me to have to ask my mother to provide bank statements etc., the money from her to me is a gift.

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I had a very similar issue with Acenden last year, they tried the line that if it was a loan then they would be irrisponsible to take the money as they would be allowing me to get into further debt. They still took the money though!!!!

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Just pay it in to their account, and get a receipt....you will have made MORE than a reasonable attempt to clear the arrears they are being obstructive. And please make sure you report them to the OFT

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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If you make the payment it will clear in plenty of time for the hearing and I cant imagine a judge being impressed at them putting you through this!!! If they do take it to court I would ask the judge to order them to remove any legal fees for the hearing as they are being difficult

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Call and ask them for their bank details, and dont go into detail with them, at the end of the day it really is none of their business, they are getting the money!

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Thanks for your comments. I just have no idea if they are within their rights to be asking for proof, or what will happen if it does end up going to court because of them not accepting payment.

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Let common sense prevail....pay them, get a record of it, and then when it comes in front of the judge you can tell them that you have made the payment, they have made it difficult for you at this stage, you are no longer in arrears, and while we are here can we please have a look at the charges that the FSA have ruled are excessive ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Yes, I agree 100% with what you are saying - that we should pay them, but they won't accept payment from us so I don't know how to go about doing this.

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Send a cheque recorded delivery maybe ? direct transfer ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Are the details of their account on your bank statements ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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send a cheque? send by recorded/special delivery - even if they were to send it back then you have proof of trying to pay - me thinks judge would not be impressed

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Your mother is under no obligation to show them anything !! if she chooses to give you the money as a gift to help you out of a situation then that is her business. Lots of parents help their children out when they are struggling !

 

I've just rung Rooftop to try and get the details for you but they say they have different bank account numbers depending on the type of mortgage so I couldn't get anywhere. I'm afraid you'll have to ring them and ask for their bank details so you can make a payment via your bank - don't get into any discussion about how much you are paying or when or indeed anything to do with your arrears - just say you're not sure yet but will be making a payment soon.

 

Let us know when you have done this and we can advise further regarding the court hearing on 2nd August.

 

If there are no arrears then there can be no possession

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They are being downright ridiculous! what exactly did you say to them ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Where has the money come from? You said it was a gift from your mother, but where is your mother based? Can you prove the money came from her?

 

Whilst I appreciate that some people have said it's none of the mortgagee's business where you get the money from - you have been rather vague and therefore you may have raised suspicions with them and they would be within their rights to refuse a payment IF they genuinely thought it might have something to do with money laundering.

 

If, on the other hand, your mother is in the UK, then that is just silly.

 

Make the payment by direct payment into your mortgage account - you do not require their permission to do this, all you need are the bank details which you undoubtedly will already have from previous direct debits. Make the payment, print out the bank statement and then IF the payment is returned to you, you will have concrete proof that you tried to make payment before the hearing.

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