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    • Hello All   I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set   Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself.     Case:   I had parked on a multicar park at a large shopping  ( i dont want to name it  as dont want to be identified)  almost 2 years ago.   The parking company (XXXXXk) , using ANRP sent me  the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to.   Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos    The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc.    The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged.   I replied with a 35 paragraph defense drafted by the ' appealing parking company' .   This was emailed to the court email address CCBCAQ@Justice.gov.uk   The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees).      Their legal team has now emailed me the bundle they have sent to the hearing court in  my city.   Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing   I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it.   In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on.   By 1st Feb, claimant and defendant must send to  the court and each other their witness statement that they will rely on in the final hearing .       Before going into the actual substance of the defense, I have some questions about this forms   1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it,  as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post.   Furthermore , in the  defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents.      2. I had already filed a defense  previously as drafted  by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense.   Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post.   Thankyou              
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    • i can't see one.. nearly all the irresponsible lending advice/guides i've seen and the letter they sent back would have told you what to do going forward, i'e the FOS... so i can't see how you can say you didn't know what to do.
    • ASG are a terrible company regardless, but no i don't think you have any recourse toward them no unless yo can prove fault with the boiler  which is now 10yrs ols and well outside any guarantee i expect, even with the manufacturer?   has the boiler been regularly serviced etc etc, looks like your contacted ASG after it started leaking and they advised a power flush for a leak? then  an eng said that was what has caused it?   can you clarify your story please  
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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
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Hello All,

 

And thank you very much for the help and advice that you give so generously.

 

I have been following that advice for six months now - 4 credit cards, 3 with MBNA and 1 with Cap One, all dating back to the early ninties. Six months ago I wrote using your template telling them that I could not keep up the payments. They both agreed to nominal monthly repayments and suspended interest. The accounts never went into arrears and I haven't had a missed or late payment in the past two decades. They have now told me that the suspension of interest and agreement to nominal payments has expired, that the accounts have now defaulted, and that they may sell on to a "vendor" (presume they mean DCA) in due course.

 

My objective is simply to delay and, if possible, protect my credit status - I should be able to get back on my feet over the course of the rest of this year and at that time will probably make them a good offer to settle the accounts. I have told them this in writing and, as a gesture of confidence and goodwill, offerred to increase the nominal payments that I have been making.

 

I am currently living off of overdraft and am scared that the bank could pull this at any time with minimal notice. I have taken cash out of the overdraft and placed it in a seperate account just in case this happens. Presumably, at some point the bank will do a credit check and find the defaults, prompting them to pull the overdraft.

 

My question is, what is the optimum time to request the CCA? Should I do it now, or wait until the CC companies begin to get heavy or assign the debt to someone less obliging? Remember, I'm really just trying to buy time here.

 

Many thanks in advance for any advice you can offer.

 

Haldeman

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Hi, I'm afraid that if the accounts have actually been defaulted

and registered with thje credit reference agencied your credit

status is already shot.

I presume that you received a default notice and could not remedy

the defaulty amount??

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Hi halde

 

It might be an idea to claim back any Mis-sold PPI on these account over the last 6 years plus with interest, also any penalty charges.

Have a read of 1,2,3,4,5 and 7 in my signature. They might owe you quite a lot of money.

 

http://www.financial-ombudsman.org.uk/publications/factsheets/payment-protection-insurance.pdf

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Yes, they issued the default notices and I was unable to pay. If they've shot my credit there doesn't seem to be much incentive to cooperate with them?

 

Given the age of the accounts (early 1990's) I imagine a CCA might cause them some difficulty?

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Halde, have you checked your credit files??

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I haven't checked my credit files - I guess they'll show the credit cards - is it worth doing?

 

And as for PPI etc., the accounts have never been in arrears so there shouldn't be any charges, and I always declined PPI since it was so obviously a rip-off

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An arrangement to pay is counted as default teccnically,

so each reduced payment will add arrears to the account.

Yes a CCA request may prove fruitful.

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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An arrangement to pay is counted as default teccnically,

so each reduced payment will add arrears to the account.

Yes a CCA request may prove fruitful.

 

 

Should I send it now, or wait 'til they get nasty?

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It matters not really,but I would personally do it now.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Halde

 

It's important to send them Recorded, print off the signatures off the Royal Mail site, keep them safe.

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  • 2 months later...

Hi Guys,

 

Here's an update. I CCA'd MBNA (via Aktiv Kapital) x 3 and Capital One x 1. Two responses from Aktiv Kapital saying they (i.e. MBNA) can't find the documents and that "we will cease all further collections activity in regards to this matter." Good news, right? Should I acknowledge this in any way? Is it necessary to send the "you are in default" letter given what they have said?

 

So I have one outstanding CCA response awaited from Aktiv Kapital/MBNA. It is now well beyond the statutory period. I started putting together the "you are now in default" letter for Aktiv Kapital/MBNA, but then wondered whether I would be better to just keep quiet for now and wait to see what happens. I don't really want to rattle their cage if they have suspended action on all three of the accounts.

 

As for Capital One, they sent me what purported to be a reconstituted copy of an agreement from 1998 and told me that they were quite confident that it was fully enforcable. I, of course. have no way of knowing whether this copy is accurate or not. Also, I suspect that they have sent a reconstituted copy because they don't have the original. I have sent them a subject access request to try to flush this out. Do you think I should respond to their letter saying that I don't recognise the document and would expect them to produce the a copy of the executed agreement in order to confirm that the debt is enforcable in court? Or something else?

 

As ever, your help is much appreciated. I think you guys are providing a hugely valuable public service.

 

S

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  • 2 weeks later...

I've now got three letters (one for each account) from Aktiv Kapital saying that as MBNA cannot produce the CCA they are putting collection activities on hold. I've been paying nominal amounts to each account each month. Should I stop these payments now?

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up to you but if they cant produce an agreement then there is no enforceable debt, so in reality there is nothing to pay towards

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Yes stop. Keep all correspondence as the debt

is likely to be sold on at some point.

  • Confused 1

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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