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    • more: extend the contract line by....   contract exists between the claimant and the landowner which assigns the claimant the right to enter contracts with the public and make claims in their own name. I put the claimant to strict proof that such a contract exists.   1st few lines like this:   1.I am the defendant in this matter.   Any documentary evidence relied upon by me in this, my statement will be referred to and produced as exhibits RSS1, exhibit RSS2 and so on, and are labelled and attached accordingly.   All exhibits are listed below List of Exhibits    2. In this Witness statement, the facts and matters stated are true and within my own knowledge, unless indicated otherwise.   3. I am the registered of the vehicle, xxxxxx   4. I am not liable to the claimant for the sum claimed, or any amount at all.   just sign and date at the end no statement of truth is needed sorry.   dx        
    • Right - you two win.  I give in - off to kip!   Salackdad, hang on to early afternoon tomorrow just in case the regulars advise any tweaking, but IMHO you've prepared a superb defbnce.
    • adjusted   1.   I am the registered keeper of the vehicle reg ****** .   2.   There is no cause for action against the keeper of the vehicle, as this is not "relevant land" under the POFA 2012.   3.   The defendant puts it to strict proof that VCA show  as to who the driver was at the time.   4.    No contract was ever offered by VCS, the land is subject to its own byelaws so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.   5.   The claimant has not shown locus standi in this matter.     6.  The signage is prohibitive in nature and not a genuine offer of terms for parking for a motorist to consider, therefore it is denied that there was any ability for the driver to contract with the Claimant.   7.   The defendants vehicle broke down, twice, and was therefore broken down, not parked. This would constitute frustration of any contract.   Hope that is ok and that I have understood correctly.   Thanks for your comments DX (also a night owl) but I am not sure what you mean here. "there is no complaint statement at the end of the WS conclusion to be complaint with CPR before your exhibits which must be included. with a sig area"  
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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I sent my SAR to santander, which was signed for on 11 September 2012.

 

We are now well past the 40 days allowed and I have received absolutely nothing from them at all, so what would be my next step?

 

I can't find out whether or not the postal order I sent for the £10 has been cashed (I had it made payable to santander),

and the woman at my local post office said that there was no way of finding out - which, judging by looking on the internet, is true!

 

When you purchased the postal order you would have been given a receipt. On that receipt is an ID reference and a telephone number.

 

Just telephone the post office and ask if the PO has been cashed and on what date ? If they confirm it was cashed ask them to confirm it in writing for you. They are usually pretty good.

 

I think the number will be... 08457 22 3344 (option 5)

 

Did you send your letter recorded/special delivery ? Check that it was received by using the Royal Mail Website.

 

You can amend your non compliance letter to say that you will be contacting the Information Commissioner. Whatever you do, dont imply that you will take court action if you have no intention of following it through, for whatever reason.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

I have, at long last, found some time to put together a letter to santa.. regarding their non-compliance. Could someone give this the once over and let me know if it's ok.

 

Dear useless peeps at santa

I am writing further to my letter of 7 September 2012 regarding a SAR for the above account and also enclosing a £10 postal order in payment of the SAR. You had 40 days inwhich to respond to my request.

 

You have now had well beyond the 40 days allowed but you have failed to even acknowledge my request, let alone provide the required information.

 

I am now giving you seven days from the date of this letter to provide the SAR. Failure to do so will, in the first instance, result in me notifying the OFT of your failure. If , for whatever reason, you consider that you are unable to comply with my request, please notify me in writing of your reason/s in order that I can also forward this to the OFT. As I am sure you are aware, it is a legal requirement for you to provide a SAR within 40 days when requested.

 

yours

 

Mrs B

 

 

I am not sure about the legal requirement bit at the bottom! I want to keep it simple and I'm not in a position to threaten any legal action as I just don't have the money to follow it through, but I hope this letter is, at least, to the point.

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  • 3 weeks later...

Ok, so I have still not received any response.

 

It is now two weeks since I sent them the second letter.

 

What is the next step?

 

I cannot believe that an organisation as large as Santander can't even acknowledge receipt of a letter, let alone respond to what you have asked for.

 

Could it be that they think they don't have to respond because they have passed the debt over to someone else to be dealt with?

 

From the little info I have, it doesn't look like the debt has been sold on to Moorcroft, just passed to them to be dealt with.

 

As I haven't received the SAR as requested from Santander,

 

can I put the debt in dispute?

 

Obviously, without the SAR I can't begin to know whether or not any charges etc have been added and, therefore, whether the amount they are claiming is owed is correct.

 

Sorry for all the questions, but every time I think I've got it clear a load more questions pop into my head :oops:

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Did you send your letter by a tracked method and has it been signed for.

 

Did you sent the following letter to Moorcroft?

 

[ATTACH]41168[/ATTACH]

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ICO

 

moorcroft dont buy debts so its satans banks problem

 

SAR's ALWAYS goto the OC anyhow.

 

you sadly cannot put the account into dispute on a failed sar request.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, everything has been sent to Santander by a trackable method. I have sent all letter by first class recorded delivery.

 

So far I have not made any contact with Moorcroft.

 

They have only sent one letter so far which claimed that as we had not made any effort to make any repayments to them,

which would have been difficult as that was the first letter they had ever sent!

 

I do not want to contact them, certainly not at the moment anyway for several reasons, not least of which I do not want them getting my new address.

 

Mr B has very carefully hidden himself away and left me to deal with so much over the past few years,

and I do not want them latching on to the fact that they have my address and start to bombard me with all sorts.

I have to live with an elderly relative who would not cope with strangers knocking on the door or phoning up should they choose to go down that route.

 

When I spoke to Santander on the phone last year they were less than helpful.

 

I got a woman who was very abrupt and wouldn't discuss the account with me.

She just said that it had been passed to Moorcroft and I would have to deal with them.

 

I then received a statement from Santander that included details of what happens if they sell the debt to someone else.

 

Reading this, I would definately believe that the debt has not been sold.

I only receive statements from Santander, not from Moorcroft, and the santander information states

'You will continue to receive a statement at least once a year and as long as there is a balance owing to us.

In the event that your account is sold to a third part company, we will also send you a statement at the time and future statements will be sent by the puchaser'.

I have never received any statements from Moorcroft regarding this account.

 

The statement for the account does not state 'Transfer to Debt Purchaser',

it simply gives an amount of an opening balance and a net balance.

Nowhere does it state that the account has been transferred to anyone else.

 

Also, I have never had a letter of assignment, only a letter received from midas credit services a few days after I rang Santander,

which states that we had failed to reach a repayment agreement with Moorcroft (they are, apparantly, part of the same group).

 

As I have never received anything previously, we couldn't possibly have come to any repayment arrangements even if we had wanted to,

so as far as I am concerned this is the first and only contact we have had from Moorcroft/associates of.

 

The letter said:

 

Dear Mr B (although it was addressed to both of us) Ref:

 

Re: Santander (UK) PLC Balance: £100000000000.

 

 

Litigation Warning

 

We are part of the moorcroft group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt Recovery ltd concerning the about account.

We are now reviewing your account and may in due course recommend to our clients that they consider instructing their solicitors to commence legal proceedings against you.

 

To prevent this course of action you must contact moorcroft debt recovery ltd at the following address:

 

Morcrodt debt recovery ltd

po box 17

etc

etc

 

telephone: 0161 475 2805

fax: 0000

 

Failure to contact Moorcroft debt recover by xxxxx may result in the issue of legal proceedings without further notice.

 

please quote the above reference on all correspondence.

 

Mr M Dobson.

 

The sentence 'may in due course recommend to our clients that they consider instructing their solicitors to commence legal proceedings against you',

leads me to believe that they debt does NOT belong to them, they are just handling it on behalf of Santander.

 

I am quite tempted to send a cheque for the amount to Santander, seeing whether or not they cash it.

However, judging by their inability to even provide a SAR, I don't really want a cheque for a thousand pounds to be floating around,

and me never knowing whether or not it is going to be cashed,

or worse still the cheque being cashed but still being pursued for the debt by Moorcroft!

 

Presumably if I did do this, and they cashed the cheque, I could still continue to ask for the SAR and still claim back anything I think they owe?

 

Sorry if I seem to be going off on a tangent, but I am quite stessed out at the moment

and this is just another piece of poo for me to have to deal with!

 

I am grateful for all replies/suggestions etc.

 

Am assuming that my next step though is actually to make the formal complaint about Santander to the ICO?

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Hello guests. Do you all work for Santander and moorcroft? If so, perhaps you would get your facts straight when communicating with me. Or in Santanders case, not communicating with me :lol:

 

 

DX, thank you for your reply, it crossed with my posting. It would appear that I was correct then in supposing that moorcroft does not own the debt. Interesting, because the woman I spoke to at Santander led me to believe that they would have nothing further to do with me and that I could only now deal with moorcroft.

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ignore them

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have now received, much to my amazement, a reply from santander. It is a letter along with eleven pages of statements, each page with only 1 or 2 things listed on it.

 

The letter reads thus:

 

Dear Mrs Blackadder,

 

You have asked for copies of your bank statements, which we assume is to enable you to reconcile your bank charges.

 

Please find enclosed statements for the above numbered account from the earliest date held on our system (18 July 2006) to closure. Please note that there are no statements from 6 november 2006 to 24 april 2008 as there was no movement on the account.

 

Please call us if you have any questions.

 

Yours.

 

jane somers

business manager.

 

 

The statements sent cover July 2006 to December 2006 and consist almost without exception of charges (although they are wrong to assume that I contacted them to reconcile my bank charges, I want to find out if the debt is statute barred). I can only see one transaction that appears to be a credit and that is from August 2006. However, if I am correct from reading the information they have sent, it would appear that the last transaction of any kind took place was on the 6 November 2006 when they debited the account. If this is the case, I am assuming that the debt is now statute barred.

 

What I can't figure out though is why they haven't sent anything from april 2008 onwards. The only thing that I have is a 'mini-statement' that says in April 2008 the account was transferred to a 'flexiplan plus'. Then there is nothing further until November 2010 when there is a large debit for a 'daily unarranged overdraft fee'. The final thing on the mini statements is from December 2011 when 'account closed contact collections and recoveries'. There is nothing to say that there was any money paid in or taken out between april 2008 and closure.

 

The date of December 2006 is certainly accurate for when we were having financial problems and Mr B would have stopped using it. What I don't understand is the 2008 thing, as I doubt very much Mr B would have contacted them to arrange to change the account (he kept well away from anyone he owed money to so as not to rock any boats). It would appear though, that Santander do not have any statements for this time or they would have sent them.

 

At the moment I am probably more confused than before!! My major concern at the moment is not reconciling any bank charges, it is finding out whether or not this account is, indeed, statute barred.

Edited by Mrs E Blackadder
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SB date will be from any transaction by YOU OR MR

not any automated bank stuff.

 

so prob is SB'd

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes carefully worded SB letter would be a very good idea Mrs. B.

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Would you like a draft to suit the situation, can do when I get home later today.

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Oh, yes please Brig. I would be very grateful if you could help me with this one. Thank you :-)

 

Not having a good day, looks like my income is going to be falling sooner than I had anticipated so worry has set in :sad:

 

Yoru help is one less weight off my mind!

 

Mrs B.

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Hello Mrs.B. Stat Barred letter.

 

The Compliance Manager

Moorcroft.

 

Ref: as on their letters.

 

Sir/Madam,

 

I refer to recent and on going correspondence regarding a debt for £ xxxx which you allege is owed by me relating to an account with Santander, please take note I do not acknowledge any debt to Moorcroft or any company it may claim to represent.

 

I have been prompted thanks to the continued correspondence to review my credit history and have concluded that this matter is now statute barred, therefore I will not now or at any time in the future make any payment or offer of payment in relation to the alleged debt.

 

Should Moorcroft consider disputing the status of the alleged debt I remind Moorcroft that the onus of providing unequivocal proof that the matter is not statute barred lies entirely on Moorcroft.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of statute barred debt.

 

You will now cease to process all data relating to me and remove it from your records, you will confirm in writting compliance with these instructions.

 

This is my final response.

  • Confused 1

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Thank you Brig, that is a great help. I am just wondering about the second paragraph; would it be better to put in a sentence about receiving information from Santander, or is it better not to mention it and keep it as it is?

 

Personally I would leave it out Mrs.B.

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Okey dokey, it certainly reads fine to me as it is. No doubt they will try to argue the toss in some way or other!

 

Thank you again, Brig. Very much appreciated :-)

No problem, let em argue!!

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!

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