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    • Can I just suggest one thing   Ask them how the subframe broke and say you would like them to explain how changing a cv joint affects the sub frame   I'm not an expert but I've changed cv joints in the past and never needed to touch the subframe on a car   The axle itself might pass through the subframe but removing the cv joint usually just entails cracking the old one off with a split bar   I can't help but wonder if they've braced it against the subframe and that's why it's broken 
    • it wouldn't have gone to a (your?) local county court as you didn't reply to the claimform. northants bulk would have dealt with it as it was a default judgement.    
    • Thank you so much for the reply. I have tried to call the court (Torbay & Newton Abbot) but they are short staffed so cant answer ;-( Does the discharge mean it has been thrown out?   On the report is is just marked as the court date 10th December 2020 and under that Discharged. Thank you!
    • I need to repair the lead flashing on my side of a firewall on the roof of a Victorian terrace. It will involve hacking off the cement on my side, installing new lead and reapplying cement. Do I have to notify my neighbour under the party wall act before getting this work done? I was under the impression minor work was not notifiable. I would consider this minor work. From the party wall act:   "Some works on a party wall may be so minor that service of notice under the Act would be generally regarded as not necessary. Things like:  drilling into a party wall to fix plugs and screws for ordinary wall units or shelving  cutting into a party wall to add or replace recessed electric wiring and sockets  removing old plaster and replastering may all be too minor to require a notice under the Act."   The neighbour has got wind of what I am doing and has asked for written grantees that I will cover the cost of any impact on his side and is threatening to invoke the party wall act if I don't I don't want to write him a blank cheque as his side of the firewall is probably is as bad a condition as my side.
    • They will NOW debit   Sorry I need to relax before I type out responses. and reread them. Tried to edit the post but cannot
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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!
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    • 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 am writing in the hope that someone else has experienced this and may be able to clarify things for me. I can't seem to find any information about this anywhere.


I have taken out 5 loans in total with Next credit. I can't remember the exact application process I went through with the first loan but all other 4 loans were applied for using their "fast-track SMS service" where you text the word LOAN followed by your surname to a certain number. You then get a reply asking you to send another text containing the word LOAN followed by the amount you want (100, 200, 300 or 400). Then you get another text about 5 minutes later saying that the money had been transferred meaning the loan is active.


Now the last loan I took out is in default and has escalated from the original £400 to £1374 within about 6 weeks (a complete joke I know). I have CCA'd them and they have responded with something that vaguely resembles a credit agreement.


Along with the document they wrote that:


"You should note that you have demonstrated acceptance of the published terms and conditions by virtue of the compliant digital signature (double email) inherent in the audited application process (as per the 2006 European Commission Electronic Signatures Directive)."


The thing is I never entered my email twice anywhere during any part of the application process (for this loan). I just sent the 2 text messages as described above. Do they mean the possible double signature I gave them for my first loan? Surely they have to get a new double signature for every new loan that's taken out, correct?


I'm in no way trying to get out of paying them back but I want the upper hand when I negotiate what I am prepared to pay them back (certainly not £1374!)

This way I can say that, should this go to court, they don't have a leg to stand on without a properly executed credit agreement and that any offer I make them is is purely to close the account once and for all. Either that or we can slug this out in court (which I am getting more and more prepared to do).


Of all 7 creditors I'm currently dealing with this lot are by FAR the most difficult to deal with.


Sorry that this post is so long winded but I hope that someone else could make use of this information (should I get a response :wink:)


Thanks guys

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You owe the last loan amount and interest as stated in the final contract - no point CCAing them.


Read other Toothfairy threads and be prepared for misguided info from Marshall Hoares bailiffs - who cannot use their bailiff powers on this debt and their other cronies.


Then complain to the OFT.

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You owe the last loan amount and interest as stated in the final contract


Do you mean the interest that applies for the duration of the agreement (14 days)? This would be the loan amount of £400 plus £120 interest. Or do you mean from the start of the agreement to todays date? I read somewhere that creditors cannot charge extra interest until a default notice has been issued and 29 days have passed since issuing the default notice. This would make the extra incurred interest unenforceable.



no point CCAing them.


Why? I'm guessing that you are certain that they won't be able to comply. Or is there another reason?


Then complain to the OFT.


Ive already done so but will update my complaint and include all the other drivel these idiots have sent me!


Thanks again for the response. I really appreciate it!

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There was a recent court case i think that basically made the CCA useless unloess used in certain situations.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks


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Im not 100% sure of the specifics. I just understand that the CCA request doesnt have the power it once did.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks


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