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    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
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Hi everyone i hope i have posted in the correct area !! HELP my story is that

 

i have recently defaulted on 2 credit cards ,i am only 1 payment behind .

 

i was unlucky enough to have two operations last year and borrowed money from 1 card to pay the other

i have had to undergo further surgery april gone and i have been living on stat sick pay/ tax credits and housing benefit .

 

I have approached two debt charities and as advised done a budget which has surprised me ,

 

my outgoings are £350 more than i have coming in !!!!!

 

I am being treated for depression and have been for 3 years after losing both parents to horrible illnesses.

 

I have been straight with both lenders but the HALIFAX wont enter into any agreement because of my budget

and the RBS have now sent me a financial form to complete

,they are also asking when i will be back to work and can i send them a copy of my DRS certificate are they entitled to this ?????

 

by the way late charges and over credit fees keep getting addded.

 

Can anyone point me in the right direction ,

total debts approx £9000 iand i work part time for £6.50 an hour and my situation doesnt look like it will be any better even when i return to work.

 

any help would be appreciated TIM :-D

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not entitled to know ANY of your pers medical details

neither

are they entitled to a budet sheet either..

 

what level are the debts please.

 

and how much of these are PENALTY charges & PPI?

 

dx


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Hi thanks for your reply, the level of debts are rbs £4200 and halifax £2200 they both increased the credit limits last year after i requested them to but i thought they would send me another agreement to sign.

at the moment there insisting on this budget sheet to see wether i am eligable for token payment £1 this is what one of the debt charitys suggested.

There is no p p i on either account but each have added on 2 x £12 for late payment and the interest has now taken me over the credit limit hence the extra £12 ,talk about getting kicked when already down. I dont intend to send personal medical details to any old tom dick and harry !!!!!! thanks for any advice you can give TIM

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Hi thanks for your advice, i am in the process of opening a basic bank account with the coop . There is no ppi to be had unfortunately but i have done a budget but cant see anything really to cut back on, all my bills have increased except my wages !!!!!! Whats your personal opinion on a DRO ? thes debts are only a year old and i have only just been able to hang onto my working tax credits since it all changed in april and they will now take an average on my weekly hours ! my main bank is hsbc who i have an overdraft with . any help would be great TIM

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not entitled to know ANY of your pers medical details

neither

are they entitled to a budet sheet either..

dx

 

Hi, just came across this thread and am having similar health problems and it's so difficult to fight back when you are feeling so low.

 

DX - why do you say that they are not entitled to a budget sheet? I was advised via CCS that this should be completed and sent as evidence of your inability to pay - you may know something different?

 

Tim - you might find it useful to search the web for "Debt & Mental Health Good Practice" (I am unable to add links yet). You will find a few sites including MALG and links to Royal college of Psychiatrists who have done loads of studies and set out a code of good practice for people with mental health issues including depression. Also on HMRC website look up DMBM585185 - It's a document regarding "considering the defaulter with mental health issues", contains some very useful information, along with Financial Ombudsman Service website which, again, sets out good practice for financial companies.

 

Like you, I have a card with Halifax and they are the worst, rude, unsympathetic and despite having no disposable income they have tried to bully me into borrowing to make payments to them - it makes you feel so much worse.

 

I completed and printed off the CCS budget sheet (with the CCS logo) and explained that I have received advice from CCS and gone on to explain my situation along with the fact that I am on medication for my depression. I offered my £1 per month payment as advised and enclosed a cheque, (also set up a DD) and finished off with a final paragraph:

 

I have been a loyal customer and have always kept up repayments until these unfortunate circumstances I now find myself in. So I ask that you please consider reducing or stopping interest or any other charges on my account to help me during my financial and unfortunate health difficulties. (Under the Debt & Mental Health Good Practice, I would be happy to complete Mental Health Evidence Forms for your verification as indicated may be required on Financial Ombudsman Service and MALG websites).

I have to say, they have all been really good except Halifax. The best thing you can do is be honest with them, tell them that you will only deal with them in writing (which gives you breathing space - but do reply), and ensure that you tell them you are suffering with depression - this is important as once you disclose this, they have to work within certain good practice guidelines. Do NOT give them any web log in or reference numbers (if you do the budget planner on CCS, they give you a number so that you can return to your details.

 

Hope this helps! Best wishes

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Hi thanks for your advice, i am in the process of opening a basic bank account with the coop . There is no ppi to be had unfortunately but i have done a budget but cant see anything really to cut back on, all my bills have increased except my wages !!!!!! Whats your personal opinion on a DRO ? thes debts are only a year old and i have only just been able to hang onto my working tax credits since it all changed in april and they will now take an average on my weekly hours ! my main bank is hsbc who i have an overdraft with . any help would be great TIM

 

The total debts you listed in this and previous posts differs. However, either way, if I were in your situation I would definitely go for a DRO. It provides a sharp, clean break and allows you to concentrate on the more impt matter - your mental health. Unfortunately most of the published info from 'expert' organisations tends to treat mental health issues from a medical model perspective. You may find more appropriate support from a local Users' Group (you don't need to be a hospital patient, just have mental health issues to join). But m.h. will not be resolved with the debts still hanging over you. Once you've obtained the DRO, you may find everything else falls into place and the world makes sense again. I'm well aware of the effects of bereavement and other forms of shock on one's ability to cope with harassment from merciless creditors and DCAs, so you have my sympathy. I only wish I fell within the threshold to apply for a DRO. I wish you the best of luck. Pls let us know how you get on.

Oleg

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Hi ,

thanks for your message and i am sorry that i have not replied sooner.

 

I thought i would give you an update and ask for further advice if you are able to help !

 

I have reached an agreement with R B S CREDIT CARD ,

just under £30 a month and they have stopped interest and late charges etc,

 

they say that they will review my situation in 6 months,

 

i originally offered them £10 a month which they rejected.

 

have now returned to work ,although i am still dealing with depression

,but the HALIFAX c/c have again given me a default and passed the whole debt £2300 to debt collector in manchester

and i have been paying them £10 a month for the last 2 months.

 

Can i ask why they would do this ,

does this mean they have no CCA to enforce .

any help or advice you could give would be great .

 

Tim.

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sold it or them just collecting.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi thanks for your reply, i have recieved a letter from a debt collectors called BLAIR, OLIVER and SCOTT

who says that there client has instructed them (HALIFAX) to collect the full outstanding balance £2300 as soon as possible. when i first got behind with payments i sent a budget to the halifax (recorded delivery) and i have proof that they got it , offering £10 a month till i got back to work after being on statuary sick pay for 3 months and they didnt even reply. I recieved a default notice so i rang them and they told me just to pay £10 a month which is what i have kept up with.

what i would like to know if you can help, are the above debt collectors owned by the Halifax or would you say that they have just sold on to these clowns, i have done some digging online but cant seem to get any answers , can they pass this on while i am paying the halifax? or is it just lack of communication in the bank?

any advice or help would be appreciated Tim.

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halifax and bank of scotland

 

 

hbos

 

bos = blair olly snot

 

same lot

 

ignore

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Don't be frightened to talk to your GP, and ask for a referral to a mental health nurse. The NHS care I have received has been wonderful.

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