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    • That's fine. Just to add to my site team colleague's comment above, you say that it's her ticket and nothing to do with you – but if she is the kind of person who is not Internet savvy et cetera then maybe if it goes as far as a letter of claim or even a claim, she may get quite frightened.  
    • Found it on underside of letter from Vanquis, same dates so a typo twice? 20210127_122016 (1).pdf
    • Thank you – in the drafts which you initially posted earlier on in this thread, you didn't refer to the fact that you were selling your items by way of a business. In this final letter of claim which you have sent off without checking it out with us, you have suddenly announced that you were operating as a business. The only problem with this is that if Hermes decides to to get funny about it, because you are suing as a business, they have a basis for arguing that any hearing – if there is a face-to-face hearing – should be held at their local court and not yours. It's unlikely to go to a hearing – and even if it does, it's unlikely to be a face-to-face hearing so even if the case is transferred to the local court, it won't be a problem for you because you won't have to travel. However, you decided to disclose the fact that you are trading as a business and so you put the situation at risk. We wouldn't have suggested that you lie about it – but we would have suggested that it might have been better not being mentioned. I strongly suggest that if you decide to take advice here, that you let us go through it with you and so you then don't go off and do it alone. You've given them 14 days – and on day 15 you should issue the claim. It is extremely unlikely that they will respond to you in a positive way – or at all. You should spend the next 14 days reading up on this website about the Hermes stories and in particular about bringing a small claim in the County Court. This time, please do read the material. It's important. Register on the moneyclaim website and start preparing your claim. You will be able to save your work as you go. Prepare a draft particulars of claim and I strongly encourage you to post it up here so that we can have a look and make recommendations – rather than clicking it off on your own. Keep us updated as to whether or not there is any response from Hermes, but in any event, let us know your progress on the preparation of your claim – having read up on the subject first
    • DX. I have no wish to disagree, but, on this particular point, the renewal documents are clear and the DD mandate is continuous until cancelled by either party. It is not necessary to 'sign' a new one each year.   H
    • Well was on the assumption that they may have kept adding interest and no monthly payment due dx
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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

Help with Debt Managers Ltd - Arrow- Shop Direct (Carval)


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Have a read of my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?353972-Debt-Managment-Ltd-sending-txt-to-my-phone&p=3869681&viewfull=1#post3869681

 

Sounds like I'm a little further along their conveyor belt of Xmas cracker P.O box "Solicitors"

 

Just sent them a merge of about 4 letters, should keep them busy! :-D

Andrew

 

Escaped the DCA nightmare, now helping others start businesses

www.ukleakdetection.co.uk

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thanks everyone I will read your post now Nishi

 

So if this debt is an alleged catalogue debt then is this covered under CCA and worth sending a request to them? thanks.

 

Can i get this default off since they didnt send me a notice?

Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

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Yes it is subject to the CCA, but they won't have one I guarantee it.

 

Do you recognise this debt? Did you have a catalogue?

 

If this isn't yours then the CRA should be informed to remove the incorrect data from your file or face legal action along with the clown who placed it o their.

 

If you do recognise it, then you can tie them up in knots, reclaiming all the fees and charges they have added then paying £1 a month, it will never go near a court.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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i have had a catalogue once before - but only used it lightly and they are claiming i owe over £400 which is incorrect.

 

 

one of the linked addresses they put on myfile is incorrect IE the house across the road - i have informed the CRA's of this

 

I guess i need to tell these lot the same?

Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Theyre claiming that amount because the debt is full of penalty fees which you can reclaim.

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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ok this is my draft should i send or not?

 

Disputed Debt.

 

 

 

Dear Sir

 

I have received your reply dated xx/xx/xxxx.

 

If you were not told by xxxxx that this debt is in dispute then you really should ask them for more details. I sent xxxxxx a letter on the xx/xx/xxxx requesting they provide evidence as to my liability for this debt. I can inform you even till this day they have not done so and nor have yourselves.

 

Furthermore they have placed a default on my credit file on the xx/xx/xxxx without even sending me a default notice. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. A complaint to the ICO is in process.

 

I will not be making any further payments to you until you provide me with the documents I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any documents to prove my liability in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours boringly...

Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt - prove it letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency - letter for when it's "yo-yo'ing" around different DCA's

 

http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request - letter to whoever when they are in default of an agreement request.

 

 

See if any of those apply.

 

As a side note, you dont have to "pussy foot" around or ask that they consider doing things. Tell them exactly what they have done wrong, and what you want achieved. Bullet point it if necessary. DCA's and a lot of creditors just bin standard templates, or ignore it. The longer a letter is, the less attention it will get. DCA's normally have the attention span of a gnat, so keep everything short, sweet and to the point.

 

If you write " NOTICE OF FORMAL DISPUTE" or "NOTICE OF FORMAL COMPLAINT" in big black letters at the top of the letter however, it usually gets their attention fast.

 

Send them the prove it letter first. If they dont provide proof, then the alleged debt goes into dispute and they'll be stuck. Always remember, refer to the debt as the ALLEGED DEBT or the ALLEGED ACCOUNT. Do not use any other wording as it could be taken that you acknowledge it, thereby negating the need for them to prove it.

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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yes i sent that one last week to them

 

they sent me nothing to prove... so the letter above i was thinking of replying to them. they just asked me for previous address details....

 

cheers

Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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If they didnt send any proof at all in that time, then the alleged debt is now in dispute and they need to remove your details from their system. You should also make a full complaint to the CEO of the DCA and to the OFT.

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

:D

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i sent prove it letter not CCA request

 

this still apply?

 

thanks

Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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yep. You sent them a legal request, the account is now in dispute. Whatever they send, simply tell them that because they didnt respond to your request, you will now be reporting them to the OFT/FOS and no further correspondence will be entered into with them.

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

:D

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thanks they contacted me about 7 days ago with last letter - how long should i give them before i write back and tell them to take me off their system? same as a CCA request? 12+2 days?

 

thanks

Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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If you sent the prove it letter, they usually have 7-14 days to confirm the debt is yours or they are removing your details from their systems. If they continue to harass you about the alleged debt without proof, then they are in breach of their credit license and MUST be reported.

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

:D

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There is in fact no speciied time limit some DCAs may reply

most will ignore and continue to press for payment.

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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You could always add a time limit. If proof isnt provided, then they are in breach of OFT guidance and possible harassment.

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

:D

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Arbitary time limits as used frequently by DCAs are practically useless

as we see very day ''must respond in 7 days or we may'' etc.

Statutory time limits have to be adhered to although penalties for

non compliance even on statutory limits are no longer very effective.

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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The fact that they still harass when in default of a legal request could be used against them

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

:D

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As said above the penalties are weak as are the regulators at present.

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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Recording your calls is a good idea but to be able to use this recording, legally you must make the person you are calling aware of the fact that you are recording the call and if they object you must stop recording - Comes somewhere under the Wireless and Telegraphy Act ... something or other. If you don't do this you cannot use the recording as evidence as it won't be legal. Just so you know ... Good luck!

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Actually you dont have to make the other caller aware. I thought the same as you originally but it seems that you can record a call whenever you like as long as its not covered under such things as the official secrets act or anything like that.

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

:D

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re: Recording calls ... Please see

 

see what????

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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Yes you can record calls, and no you don't need to inform the caller on the other end you are doing so.

 

I record all of my calls, and I don't inform the other party that I am doing so, if there is a dispute of some sort, then by disclosing that I will listen to the recording of the call again, often diffuses the argument.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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