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    • So they've produced a copy of a statement amounting to the figure claimed for AND a copy of the CCA but it isn't signed... Not sure if that's admissable or not due to it being online, it does have my account number and address on, but the customer signiture and date section is blank.  They posted this up online the day after the case meeting....   Is it game over?
    • PD 44 Timing of summary assessment   9.2 The general rule is that the court should make a summary assessment of the costs – (a) at the conclusion of the trial of a case which has been dealt with on the fast track, in which case the order will deal with the costs of the whole claim; and (b) at the conclusion of any other hearing, which has lasted not more than one day, in which case the order will deal with the costs of the application or matter to which the hearing related. If this hearing disposes of the claim, the order may deal with the costs of the whole claim, unless there is good reason not to do so, for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2#para9.5    
    • I find many inconsistencies in the posts from Louiseannmarie, not least her reference to her 'badge number'. Since when have the British Police held badges? They are issued with a warrant and use collar numbers for identification. Possibly has watched too many American movies!   'Her' spelling and grammar are less than I would expect of a Police Officer and her threat to report the site to the West Midlands Police, whilst claiming to work for them does not ring true.  Suspect that 'she' is a troll.
    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
    • Hi Mango,   Please don't post in large blocks of text as it's far harder to read. Spacing added for you in the post above.   Please give brief answers to UncleB's Q's above so we can better assess your case, thanks.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

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I got a random call today (AT WORK) from a company called CCS

apparently i have spoken to them before he suggested (i dont think so)

also he claimed i was expecting a call (again lies)

 

he went on to tell me the calls were recorded and to say their company had been passed on the debt by Activ Kapita about a debt from Barclaycard

(joys of my ex boyfriend screwing my credit over with this card)

 

i said to him it was 2001 and he said yes but you defaulted in 2004!!! funny that seen as its 2012 now...

 

i reminded him that if i defaulted in 2004 then doesnt that make it Statue Barred (he said yes but you defaulted in 2004)

then i repeated that it was more then 6 years ago and is statue barred and he put the phone down on me!!!

 

in regards to this debt i haven't paid anything to them since 2004 maybe 2003 and i haven't spoken to the company or barclaycard since then.

 

what do i do now??? please help

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Nothing to do. You've told them in SB'd and you won't be paying. If they contact you again tell them in writing only and put the phone down. If they write to you write back with the SB letter but edit it to say "as you were advised when you rang me at my work address this is SB'd...." and if they contact you again after you've put that in writing report them. Check your CRA file also.

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Nothing to do. You've told them in SB'd and you won't be paying. If they contact you again tell them in writing only and put the phone down. If they write to you write back with the SB letter but edit it to say "as you were advised when you rang me at my work address this is SB'd...." and if they contact you again after you've put that in writing report them. Check your CRA file also.

 

 

thanks for the advice...you know i have looked on my experian report that years ago used to show this information and now it doesnt mension it at all :s

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Yes croc; my observation too.

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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and you need to report them if this is a works phone number - ICO/OFT

 

that is against all guidelines

 

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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That in itself is a valid reason for complaning - it could be anyone - and pre removal would suggest they are assessing your assets - which is a big no no.

 

www.consumerdirect.gov.uk for the OFT

www.tradingstandards.gov.uk for Trading Standards

 

or you could use our search tooo.... top right

 

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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To stop all contact send the following

Dear Curr or Madman,

I write in response to your communication

regarding a debt to xxxx which you claim

is owed by me PLEASE TAKE NOTE from

advice received and my own research I now

inform you that any such alleged debt is

STATUTE BARRED and therefore I will not

now or in the future make any payment or

offer of payment .

You will cease to process any data relating to

me forthwith.

I am sure I do not have to remind you of the OFT Guidance

2003/2011 and the sections regarding SB debts in particular

the section on passing or selling on SB debt without informing

the debt purchaser of the status of the debt.

Send RD to thei Compliance manager.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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To stop all contact send the following

Dear Curr or Madman,

I write in response to your communication

regarding a debt to xxxx which you claim

is owed by me PLEASE TAKE NOTE from

advice received and my own research I now

inform you that any such alleged debt is

STATUTE BARRED and therefore I will not

now or in the future make any payment or

offer of payment .

You will cease to process any data relating to

me forthwith.

I am sure I do not have to remind you of the OFT Guidance

2003/2011 and the sections regarding SB debts in particular

the section on passing or selling on SB debt without informing

the debt purchaser of the status of the debt.

Send RD to thei Compliance manager.

 

 

Excellent I'll get on with that letter tomorrow. I have no information about this debt so shall I wait to see what letter they send me or just send with my details and the debts origin?

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Just worked on the info you have supplied!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 1 month later...
Just worked on the info you have supplied!!

 

So a while ago i wrote them the statue barred letter with no details on it and I simply typed it and send it.

 

They clearly have recieved it but they sent me another letter saying I owe them money!!!

And they called my house phone which is in my partners name and ex directory and I have no clue how they got it!!

 

They are no longer Calling my work.

 

However due to investigation I found out they got my work number from LinkedIn where my profile of no content really has now been deleted along with my twitter

and I have locked down Facebook.

 

However my home number isn't displayed anywhere with link to my name.

How the hell did they get that??

 

What do I do now?

 

I thought the letter would have been enough

 

Please help!!

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ignore them.

 

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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yes they will

but the more you write/call or whatever

the more they think they can spoof you.

 

you've sent the SB letter.

 

end of!

 

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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Share on other sites

And report them. Once you've sent the SB letter they should cease collection activities.

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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They rang today when they said hello this ??? From Ccs can I speak to me I said oh I'm sorry I think you have the wrong number. Maybe they will bog off now. But do I ignore there letters or resend SB letter with threat to complain?

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Complain. End of.

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Ok send this to their Compliance Manager

 

Dear Sir or Madam

 

Ref:xxxxxxxxxxx

 

Take note I do not acknowledge any debt to

you or any company you may claim to represent.

 

In regard to the debt for xxxxxx from advice received

and personal research I have concluded that the alleged

debt is STATUTE BARRED therefore I will not now or in

the future make any payment or offer of payment.

You will now cease to process any data relating to me and

remove all reference to from your records.

 

I am sure you are familiar with the OFT Guidance 2003/2011

and the sections regarding the pursute of statute barred debt,

and also the section regarding the sale of such debts without

informing the purchaser of the status of the debt.

No further correspondence will be entered into.

Send this recorded delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Result they sent me a letter saying after my resent correspondence (SB letter) they are closing this case and returning it to the other company. So maybe that's it or are Aktiv kapita gunna pester me now lol

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Yep another one will pop up anytime.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Although it is not on your credit file it does

not mean always that the debt is statute

barred, and even if it is the debt is stll live

and payable, just not enforceable in court.

The OFT Guidance 2003/2011 says that it

considers it unfair to pursue for payment of

an sb debt once the debtor has informed the

creditor in writting that the debt is sb and

they will not be paying.

Even then the debt is not extinguished.

In Scotland after 5 years the debt is extinguished.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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