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    • Hi DX thanks for getting back - the original bill came in at around £130 - it was my sons phone but in my name - it was a £13 a month contract - he went to the USA for around six weeks, however he crossed the border at the falls into Canada for two days - When he got back he found out that the calls in Canada were not pert of 3's roaming - he got the bill and asked 3 why he got charged so much -  put in a complaint - however a few weeks later they said full amount had to be paid - he couldn't pay - they cut off his phone still had over a year to run his contract down - so added almost £200 charges that he could use – To be honest he should have just paid up when he got the bill but his job fell through when he got back and he didn’t tell me at the time – we both have the same name, so I just passed on all 3’s post to him without opening it.   Again many thanks, Lushni
    • well get that sar running to welcome sadly you have a shock coming upon how much of this debt will be unlawful penalties.   on your credit file- who's name is against the CCJ . not welcomes i bet.. did you go look at your deeds online too?   
    • I think he might be more worried about this than a pending 'inciting insurrection' charge.
    • ok might be getting ahead of myself but here is witness statement.     INTRODUCTION   1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 20p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.   7: The defendant requested a copy of the CCA in September 2020 (cant find copy letter) after receiving a letter from Lowell dated 15/09/2020, Page 1, to which the Claiment has acknowledged receipt and requested said documents from their client, letter dated 05/10/2020 ,Page 2.   8: The defendant has received numerous letters from the claimant asking for payment with a settlement figure leading, with no proof of debt owed in these letters, led the defendant to doubt the authenticity of the Claimant and the claim.   9: Legal proceedings were issued on the 30/11/2020 to which the defendant issued his defence a copy of which was served on the claimant. Again a letter was sent, dated 07/12/2020 Page 3 requesting a copy of the documents that they rely on in their claim. Alas no true copy of agreement has yet to be received, in fact no paper work has been received relating to their claim.   10: The defendant stated in his defence that no evidence of the CCA has been provided nor evidence of the acquisition/purchase of the alleged debt by the claimant.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement`   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 , Page 4, is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application.   14. The information provided on letter dated 28/02/2020 from Vanquis has been sought without the defendant’s approval and as the defendant did not contact Vanquis to request application information and as such any information dated 28/02/2020 provided by Vanquis should not be used as evidence.   IN CONCLUSION:   16: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   It is therefore respectfully requested that the court dismiss this claim and costs requested.   Statement of Truth   I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.
    • Still not heard back from these but would like to ask regarding statute barred date.  March 2015 was 1st reported payment so would it be March 2021 ? Or does it go from date defaulted or date of last payment ? Also why only showing in default with one of three CRA's. ?   Equifax Details Updated 17 Jul 2017 Balance: Not Reported Limit: Not Reported Payment status not reported   Experian Details Updated 2 Feb 2020 Balance: £0 Limit: No Limit Reported Account in default   Information for this account not reported by TransUnion        
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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
      • 31 replies

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Hi All

I have 2 catalogues of which I owe approx £3500 to each,

the company I worked for went into liquidation on 1st November leaving me with no job and in a situation where by I cant make the minimum payments of £160 each per month,

 

I have contacted both to be told,

I have to make the payments and they cant make a payment plan for me

 

Im so worried the payments are due on the 3rd of March and I cannot meet them,

I did offer £50 to each but this was refused,

 

can anyone help

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Only pay what you can afford, even if that's £1 per month. Even in the unlikely event that they applied for a CCJ a Judge would be unlikely to order you to pay more.

 

Was there any PPI with these a/cs & have they added any unfair charges since you've had them?

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Hi Thanks for the reply, Im not sure what PPI is ive looked in the abbreviations on here and cant find it, I did the catalogues on-line so I dont think there was any paper work involved, do I ring them and tell them my offer of £50 each, Thanks again

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PPI is insurance, if you have any statements it should show on them.

 

do I ring them and tell them my offer of £50 each,

 

No write to them and offer what you can reasonably afford, do not go without just to pay a non priority debt. Also do not speak to them on the 'phone ever, everything must be in writing, in that way you will have a nice paper-trail of what has occurred. Besides telephone monkeys have a habit of agreeing to all sorts & then reneging + they are quit adept at being threatening. Just refuse to discuss anything, tell them everything must be in writing if they 'phone & refuse to answer their 'security' questions.

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i have managed to get shop direct to accept my proposal with interest frozen for 12 months - once you send your inital offer of payment they will prob refuse if so come back and will help with your response

 

also you can claim back those stupid £12 debt telephone call etc to help reduce the debt but lets get them to accept your payments first

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I know it's easier said than done, but don't let it worry you to the extent it's affecting you sleeping. At the end of the day it's a non-priority debt & they way things are come at the back of the queue behind your priority debts. There really isn't a great deal they can do about it if you cannot afford to make the full repayments & as much as you'd like them to they cannot kidnap and hold to ransom your firstborn either. ;)

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Hi I received emails from both catalogues telling me that the payment does not reach there criteria and to ring them within seven days,Im not sure what to do now.

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I got the same and replied with:

 

Thank you for your quick response but I am not wanting to call as I get talked into committing to pay more than I can afford.

 

I can only afford £10 per week and with current climate I would have expected a company of your stature would try to help your customers.

 

I was on the understanding that with you being holders of a consumer credit license that you are required to be compliant with codes of practice, fair business practice and observe guidelines as set out by the office of fair trading.

 

I am very disappointed that you will not even consider my offer and stop interest and charges to bring the balance down in which I believe is a breech of the office of fair trading guidelines.

 

I would ask to you reconsider my offer of £10 per week and stop interest and charges,

 

 

 

and had a reply within 7 days that interest had been frozen for 12 months and my offer was accepted.

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Hi

I have just received the following:

Thank you for your email.

 

As advised for further options regarding possible reduced payments you would need to contact on 0844 822 4646.

 

Kind Regards

 

Dominique Boyle

Very.co.uk customer services team

 

Any advice would be welcome

Many Thanks

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hiya,

 

I did it with isme, but maybe send respons reiterate that you are unwilling to call as you feel you get intimidated into paying more than you can afford and that can they please reconsider your offer in writing and if written responses are unacceptable for them caould they please explain why so you can forward this to the OFT.

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Hi Thank you for the advice, I have emailed them both and told them there is no point in me ringing, I have made the offer and nothing can change that, I am so worried, I feel like there emails are already intimidating me

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Don't go down that way, if you have it in writing contact the OFT immediately, telling you to use a dmp is wrong, you can do it yourself with far more efficiency.

 

These companies are taking the proverbial here and you need to let them know you know your rights, are handling the situation to the best of your ability and prefer everything in writing.

 

As people have said telephoning is no good, you get told to do things and then they deny it, they will also want your bank details.

 

Try and get another bank account set up for paying these people so your main income is protected and they don't have your main bank details.

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Thanks for the response, I have emailed them again with the offer and refusal to ring or use a dmp, I will update you when I hear from them, although I am only hearing back from VERY not ISME, so I am hoping they have accepted there offer

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Well good news ISME have wrote to me accepting the offer and not charging interest, but very are still refusing

 

Hello,I have been reading your thread and I wanted to know who are you e mailing at very?because everytime I have e mailed them I get an automated response telling me to call customer services??thank you

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Oh Hi, what I did was log in to my very and isme account and went to the " Contact Us" section and selected email filled in the form and told them what the problem, let me no how you get on and good luck

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Hello

 

I am new to the site, and welcomed the information on this thread re Very. I too am in a similar situation. Lost my job and could not afford the repayments. I have offered an amount and paid it but they still won't say that is acceptable they insist that I ring, to which I cannot afford to do. I have been a customer for many years and always paid, now this situation has arisen and they are being un- reasonable. They too told me to go to a debt management site as they would not consider anything unless I did. I do not need to go to one of these as I feel that if they accept my offer as well as looking at the interest and £12 charges I can manage the situation. I feel harassed by them, which makes me worry as to whether what I am doing is the right way.

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what company umbrella does Very come under?

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Hi and yes It sounds Like we are in the same situation, this site was a life saver to me as, like you I was so worried and anxious, all I have done is follow the advice I have been given here, one of my catalogues ISME accepted my offer more or less straight away, its Very that are refusing, but I am going to continue following the advice given from ppl here, which I am 100% sure is the right way forward and if I was you I would continue to do the same. Its a horrible feeling of intimidation and even bullying, but I'm going to stay strong if ISME accepted the offer why not Very ? What I haven't got they cant have and until my circumstances change there is little else I can do. Please let me no how things go for you and like me, try not to worry

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