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By players4you · Posted
Hi All, I would really appreciate any help in this. I want to stop paying this and am wondering if I need to offer F&F or if I am good just stop paying. A few details first: 1.DMP with StepChange started circa 2010 2.Have been paying every month since 3.Want to stop paying/clear as want a new mortgage in the next 9 months or so 4. None are currently showing on my credit file And the finer detail: * = these were on my credit file until recently. I complained stating that they should have been defaulted as it was unfair. They have stopped reporting now - but werent able to add a retrospective default date. I havent made any enquiries about CCA's etc. I want to just stop paying but also cant have any of them appearing on my credit file as need another mortgage etc. I understand most will likely not have a CCA but there is one overdraft related entry so not sure what to do about that one. Also I think they could CCJ but can they start reporting again - I know the ones with a default date cant but can the others? Hopefully thats enough info. Would really appreciate your excellent guidance Many thanks -
This sites getting less and less accessible every week Got my vaccination invite over weekend despite living on the edge of a large town with a number of other large towns just a few miles away in various directions, and a 'university' city only 8 miles away, nearest center with any vaccines is about a 10 mile drive away in a small village. Interesting that the maps link showing you the locations for my nearest (sic) vaccination points are wrong - this is from the NHS vaccine booking site. Once you have selected a location to see when vaccinations are available, it also wont let you go back to select another location, and if you just close the page down (without booking) and open the site again and put in your identification data, its gives you a 'you have failed to attend and will have to book both appointments again' message - despite not booking anything. - wonder if thats how they've counted 20 million vaccinations? Checked with 3 local surgeries including my own asking why none of them are an option and two haven't had any vaccines for over a week and haven't even been able to book all their own vulnerable for a vaccine, other has vaccine but is only booking its own priority people Makes me think the claim of 20 million vaccinated is complete and utter 'Johnson
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there is a difference......... pass = IGNORE a DCA (we write on behalf of our client xxx bank etc) SELL = the original creditors issues a default notice, then latterly sells it on..if that happens there must be something seriously WRONG with a debt of + £10K if they do...won't happen IMHO. (you will get a Notice of Assignment - stating xxx bank etc have now sold the debt to us) TBH: the quicker you get the pro rata plan running, the quicker the OC's might issue default notices (but not sell) and the quicker those DN's reach their 6th Birthday..... when the whole debt vanishes from your credit file preventing you from moving forward again...doesn't mean the debt is not still owed, just that prospective creditors can't see the debt anymore. ok it's a 6yrs plan as such, but if you were to be honest to yourself, things are not going improve any in the short term so it's better to take control of YOUR money now and plan well ahead rather than worrying forever. dx
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Hey, I was hoping for a bit of help with a really old Talk Talk debt and BW Legal. The debt is from 2014. I'm not sure that it qualifies as statute barred? I haven't heard off them for years, but within the past 6 months or so, they've been sending me their standard debt collection letters and emails. I have just ignored them and I haven't formally acknowledged the debt. However, recently they've been threatening to issue court proceedings, so I thought I would like to try and get them sorted out. Am I right in thinking that this type of debt it an unregulated debt? As in it wouldn't be covered by the Consumer Credit Act? If that is the case, is there any precedence for doing a SAR request to ask for a copy of an agreement to provide their services? I am assuming that they would rely on some sort of original agreement between myself and Talk Talk to provide services? Would It be worth doing a DSAR instead? I am familiar with doing SARs for consumer debt, like loans and cards, but I haven't done one for a utility debt. Would someone be able to point me in the right direction please? Many thanks 😀
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Particular Of claim 1. By an agreement between Lloyds Banking Group & the defendant on or around 13/05/2003 (“the agreement”) Lloyds Banking Group agreed to loan the defendant monies. 2. The defendant did not pay the instalments as they fell due. The agreement was terminated following service of a default notice. 3. The agreement was assigned to the claimant. 4. THE CLAIMANT THEREFORE CLAIMS: 1) £8704.42 2) COSTS Defence The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any 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 admitted that the claimant has sent details of a current account with an unknown account number but has no connection to this this claim or alleged debt. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the details of alleged debt the claimant refers to nor have they referred to any account number within its particulars. I have therefore sought clarity from the claimant and requested further in formation which at this time they failed to comply to my request. 3. Paragraph 2 is noted. However, as above the alleged debt is still unknown and further I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974. 4.Paragraph 3 is noted. As above as the debt is unknown its immaterial and I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925. 5. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant has failed to comply with either requests and in particular my section 77 request and provide a valid copy of the agreement and therefore remains in default of my request and is prevented from enforcing the agreement they wish to rely on. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:- a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 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. 1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant. 2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.
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Our picks
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003- 1 reply
Picked By
BankFodder, -
Natwest Bank Transfer Fraud Call HMRC Please help ***Refund in Full***
waz70 posted a topic in NatWest Bank,
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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waz70, -
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