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    • Para 4, ICO technical  guidance on the filing  of defaults at CRAs   4 It is an accepted industry standard to record only serious ‘defaults’ with credit reference agencies. The term ‘default’ on credit reference files is used to refer to the situation when the relationship between the lender and borrower has broken down. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default. Where a code is used to describe a default or variation in payment, it should always be accompanied by an explanation in plain and intelligible terms which informs the reader of its meaning. 
    • I read this morning that ‘a cabinet minister’ has complained that over 70s are being contacted before all over 80s have been vaccinated.  It’s beyond all sense to me that a vaccination programme should be slowed or halted for any reason except safety.  I accept there’s a pecking order and we’d like to adhere to some notion of fairness where possible but this is a pure numbers game surely.
    • Even if a county court case is issued against you and you loose if you pay within 28 days it dont go on your credit file and also its cheaper to go to court becasue the £60 is never allowed so it would be £200 if you loose £230 if you dont go to court.
    • The government is being scrutinised over trade deals with countries with poor human rights records? View the full article
    • Just to update this thread , I have got another email regarding the the SAR request, This time from the general VM webteam email address, It's got the same GDPR reference number  This time the cheeky sods say Thanks for getting in touch with us about your Data Subject Rights Request, which we received on 18th January 2021     They seem to be moving the goalposts on the time line . I'm thinking of ignoring this email and wait till the time runs out on the 28th.    Thanks    
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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

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I think you have enough to get the eviction stopped, but you do need to pay the £3k on monday morning as this will show the judge that you are committed to reducing the arrears. You will need to print off the transaction from your bank account so we can affix it to the N244 application.

 

I will start to draft the statement to go with Q.10 of the N244 and will give you instructions for completing the form.

 

In the meantime - take a photocopy of the employer letter and complete the budget sheet as it will have to go with the N244 (print 2 copies of it), also photocopy employer letter. Please confirm when all these are ready.

 

First thing monday morning - pay the £3k, get the proof of payment (2 copies) and then get the doctor's letter (take a photocopy of it as soon as you get it)

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I think you have enough to get the eviction stopped, but you do need to pay the £3k on monday morning as this will show the judge that you are committed to reducing the arrears. You will need to print off the transaction from your bank account so we can affix it to the N244 application.

 

I will start to draft the statement to go with Q.10 of the N244 and will give you instructions for completing the form.

 

In the meantime - take a photocopy of the employer letter and complete the budget sheet as it will have to go with the N244 (print 2 copies of it), also photocopy employer letter. Please confirm when all these are ready.

 

First thing monday morning - pay the £3k, get the proof of payment (2 copies) and then get the doctor's letter (take a photocopy of it as soon as you get it)

 

thank you and we will do all that. There is some info that i will send to you in the morning. The thing is he has really tried hard since september to sort this out and was doing really really well too, he has broken a lot of arrangements but sorted his problems out, meds started working and since then he kept the arrangement the order was for monthly plus 200 he was paying three

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Do you have anything in writing regarding the arrangement for £200 and any statements showing he was paying £300

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Excellent !, take photocopies of those also - we're building a nice file for the defence statement :) You will need to staple a lot of documents together to take to court - do you have a sturdy stapler or lightweight folder that can secure documents together ?

 

Do you have a printer at home?

 

I'll catch up with you again tomorrow so we can get the details confirmed.

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Will you be able to get to the doctors for the letter and then assemble the documents and take into the court on Monday?

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OK, catch up with you tomorrow :)

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Hi there, I have almost finished your statment - can you confirm you have completed the budget sheet - how much does it show you can pay towards the arrears each month in addition to the normal monthly payment ?

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Hi there, I have almost finished your statment - can you confirm you have completed the budget sheet - how much does it show you can pay towards the arrears each month in addition to the normal monthly payment ?

 

Hi sorry just out with the girls it says we can spare 600 its just mad that we are like this

 

Thanks

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Are you sure ? would you mind emailing it to me so I can take a look to see if there's anything you've missed out ? Ell-enn@consumeractiongroup.co.uk

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Are you sure ? would you mind emailing it to me so I can take a look to see if there's anything you've missed out ? Ell-enn@consumeractiongroup.co.uk

 

No probs but will be later just got my mum round, so will do sooner if i can break away. I have been over generous with what we payout to get it down to six

 

Thanks

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you need to take the space out between .co.uk for some reason it shows as .c o.uk in a thread

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Hi, yes I got your message. Affixed is the statment for Q.10 of the form (I will give you the insructions for the rest of the form in the next post) You need to fill in the information where there are XXX's (the information will be on the eviction warrant) read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On all the Appendices you will be affixing to the statement you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner. The list of your appendices is as follows:

 

 

Appendix 1 – doctors letter you are collecting on Monday

Appendix 2 - letter from lender stating agreement of extra £200 per month

Appendix 3 – letter from bank regarding fraudulent transaction

Appendix 4 – proof of your payments of extra £300 per month

Appendix 5 – proof of the £3,000 payment you are making on Monday

Appendix 6 – Letters from employer regarding payment via salary etc

Appendix 7 – Budget sheet

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendices 1 – 7 in numerical order.

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself before taking the pack to court so you have a copy to refer to in the hearing.

 

You will need to pay a fee of £40 when you hand it in to court and it will have to be in cash. They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

Confuseddotcom N244 statement.doc

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These are the instructions for the rest of the form:

 

1.Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

You need to get the documents to the court tomorrow if you are to get a hearing before the eviction date.

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Well, went into the branch to pay the 3k in cash on the way to the court, they refused point blank. They have also said that the amount outstanding includes fees etc and that thats what I signed up to, so we are screwed with that too.

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Make the 3k transfer via your bank account - they cannot refuse it that way, print a receipt/confirmation of transfer for evidence in court. Otherwise ask them to put in writing that they have refused the 3k. If your mobile phone has a recording facility, I would suggest recording the call. You MUST tell them at the very start of the call that you are recording it - if they are smart, they will take the payment, if they are dumb they will tell you that they are refusing it, and because you have informed them you are recording the call (make sure that is also recorded), you will then be free to play the call as evidence in court. No judge will be happy that they have refused efforts to rectify the issue.

 

They cannot tell the court that charges are arrears - they can only state what the actual missed payments are, and will have to separately identify the charges.

Edited by Lea_HTH
added info re recording calls
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They have emailed me saying they refused it and that they want the full amount.:mad2:

 

Excellent - lovely evidence for the judge to tell them that they have brought you into court without considering all your efforts to make payment. Print it off and ensure you give the judge a copy - and ask him if he will consider restricting them adding the costs of the hearing to your mortgage account given that they have actively refused, and in writing, to entertain your proposals and have, therefore, not dealt with you in accordance with the pre-action protocol.

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Have you got a date for the hearing yet?

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