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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

Perevious Debt from years ago


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A friend of mine approached me today with a concern. We're meant to be booking a holiday away in August. Anyway, years ago he took out a loan and got into money trouble which left him in a awkward situation, he wanted to pay but couldn't. Instead of facing the debt he moved house a few times over a period of times and changed his number.

 

He's worried now that, because obviously the bank had copies of his photo id previous years ago, that his passport maybe flagged up at passport control and he'd get pulled to one side. I said this was unlikely but I don't really know too much about these situations. He hasn't heard from the bank in at least 4 years he thinks. I said they'd probably write it off. What extent do they use the copy of your passport to? Is it purely ID or something more cynical? I said I'd try and find out for him so any advice would be great. By the way this is my first thread, so if I've put it in the wrong place let me know. Thank you for you time

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Please assure your friend that he will NOT be stopped or "flagged" at Passport Control. The bank would have only used a copy of his passport for ID purposes.

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Guest Mrs Hobbit

I will eat my passport if this ever got flagged at passport control. I travel frequently and have had my run in with the banks et al and not once have I stopped and asked about my old unpaid alleged debts.

 

The debt won't be written off, but you can bet the amount outstanding will be sold on to a debt purchasing crowd and they will come after your friend. The banks generally sell these debts on about the five year mark, because six years the debt becomes uneforceable, but still stands.

 

Just be cool, book your holiday and only worry about the profilers at the airport. This is another story and not for this thread.

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Unless he's wanted by Interpol he won't be stopped either leaving or entering the UK. debt is a civil matter not a criminal one. ;)

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Okay. I said it would be unlikely but I didn't want to say for certain. He never told me about this before and I've been mates with him for years, he sat down with me and the Mrs and expressed his concerns. He's been delaying a holiday for years because of this. Apparently it was an unsecured loan and a credit card. As far as i'm aware, he's got another bank account with a different supplier and not had any problems. I was concerned for him and also concerned that booking the holiday would be ruined if he got pulled up.

 

Thanks for your input guys. Any further info will be appreciated too, I can then relay to him.

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blimey where did he ever get that idea!

 

90% of the uk would be in the clink if this was the case!

 

bring back debtors prision!

 

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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I don't know where he got the idea. Think its just been bugging him for years and he's thought about it too much. I asked him the same question, he said "well they must have a copy of your passport for some reason"

 

I really feel for him, Its been eating him for years and he's not told a soul. Until now!

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If he hasn't made a payment or written acknowledgement of the debt in six years (five in Scotland) then it would be Statute Barred in any case.

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he said "well they must have a copy of your passport for some reason"
To cover their corporate asses because of the Money Laundering Act. they need proof that the person opening an a/c is in fact that person & not some gangsta. ;)

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.

 

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Right, gottcha! I'm learning more about this myself now! So, what you guys are saying is, book the holiday and tell him not to worry too much :) I thought this would be the case but, to be honest, I wasn't too sure and the way he was thinking was making me think too!

 

I'm not exactly sure how long its been but from what he told me, he's not had contact for a long long time 4 years at least. So, is it the case that they don't really have a leg to stand on?

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They can still apply to take enforcement action through a court if the debt is not SB, but they would have to find him first. If it is SB all they can do is ask nicely for payment... obviously he can equally as nicely tell them to do one. ;)

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Hi guys. Spoken to my mate, he thinks its 5 years since written contact. They phoned, he hung up and changed his number. So I'm guessin he's not doing badly! He had a massive weight lifted when I told him the passport thing wasn't a problem. Thank you all for your advice.

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