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    • stop paying them.   they would have to return to court to do anything about getting more money out of you. and then we can challenge and expose the whole scam that has gone on here.   i would suspect as like most adams cards of that era, it was changed to a credit card by Creation finance and you never agreed to that by signing a new agreement. that means the whole thing is void and unenforceable.   please don't be scared of a DCA or their pet solicitors. there is really nothing they can do to you.   a DCA is not a BAILIFF and have  ZERO legal powers on ANY debt - no matter what it's type.   NEVER EVER ring a dca or their dogs again, simply state writing only and put the phone down.   since the judgement have you moved?
    • Hi dx and thank you so much for replying:)   Original debt was an Adams store card we were paying for years way back   at least 10 years ago we fell into financial difficulties we asked to pay creations lower payments they agreed then a year later doubled the interest.   We stopped paying and went to the FCA  my partner then received court papers through the door, I can not remember the year but this was quite a few years ago.   we believed the court case would not go ahead as we were contesting the balance -it still went to court and the balance doubled.   As we were going through quite a bit of stress at the time we just filled out the paperwork and were then sent the paperwork for the CCJ judgement of £30 pr mth we have never missed  a payment   Is it best to not overpay and just stick to £30?
    • being mugged blind.   the judge set the £PCM level no-one bar the judge can change that.   Drydens are ARRows so don't fall for their silly games.   whats the CCJ all about please   what was the debt and who was the original creditor? who was the claimant and when was the CCJ attained? did you defend the CCJ and file a defence or was it a backdoor default judgement to an old address he knew nothing about     dx
    • Well that was handy, the auto link to the small claims thread has answered that question! 
    • Hi   Just read your post#40   What has surprised me is usually a Housing Association would prolong something like this and not admit any wrongdoing but in this case with that response they have held there hands up admitted those staff should not have done what they done in they way they done it to obtain your address.   1. They have offered a full apology and £100 compensation which will be off set with your arrears.   2. They are also retraining there collections teams.   3. As this is only at Stage 1 of there Complaints Procedure I am surprised they held there hands up but due to your complaint it has made changes to the collections teams procedures/re training, you got a full apology and compensation of £100 although off set to your arrears.   4. They have Upheld your Complaint   What they won't tell you is those staff that didn't follow correct procedure will be repremanded for there actions but as it is an internal business matter you are not entitled to the information.   What you will also not be aware of is your Complaint will now be offically recorded on there system that it was Upheld and the reason for your complaint and the actions they took and when the Regulator does an Inspection they will be able to view all the recorded/Upheld complaints.   IMO you have been given a good offer with the above but that is just my opinion.              
  • Our picks

    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
      • 13 replies
    • 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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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What kind of debt is it? I.e. Credit card, store card, loan. Did you take it out pre April 2007? If it was disputed how did they get the decree - did you not defend it? Do you have any other debts you are struggling to pay?

 

Sorry for all the questions, but will help me to give you my opinion.

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Hi,I think it was a credit card taken out around 2002, they got a decree against me because I was not living at the address at the time. I only found out about this decree last year when they put an inhibition order on my house! I dont even know what the original debt is and can find no information for help. I didnt think it was legal to try and bankrupt someone for £3,500? I am really desperate for advice!

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a creditoe can apply for you bk if you owe more than £3000 to them.

 

As you are aware of the inhibtion order it would be very unlikley that the court would allow a recall of the decree. This means the process would start from scratch if the docs were sent to the wrong address. That is something you would need to think about.

 

Have you received a charge for payment?

 

You can still send the card issuer a sar to get all the details and statements but there wonlt be much you can do with it if the decree has already been granted.

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Hi Ida,Do you know where I can find a good debt lawyer to deal with this. I am in Falkirk but know of no lawyers in this area specialising. So probably Glasgow or Edinburgh. I think I need professional advice fast! I received no charge of payment that i can recall. Thing being I wasnt at the address they are chasing me at now, so dont know.Thanks

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