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Hi Guys, Looking for some advice - Lowell claimed against me for old mobile debt - I stupidly thought that I had 33 days after Acknowledgment, as you know this is not right - after recovering from Covid I thought I start my defence today only to read that I might be too late I've just checked on line to find the below - is there anything I can do? Kind regards Lushni Your acknowledgment of service was submitted on 04/01/2021 at 10:48:10 Your acknowledgment of service was received on 04/01/2021 at 12:05:37 A judgment was issued against you on 22/01/2021 at 19:16:12 -
ideally we like to get these fleecing DCA's on the hop when threatened with a set aside and N244 fee payment clawback , some do when confronted immediately do it FOC there and then. but as you've already phoned you might have tipped them off, but then you had no idea when you were talking about now you do. your call dob't forget also the damage done to your credit reputation by them raising the claim on an SB debt when they know they shouldn't. just remember, if you read a good few erudio threads here, they only went for the CCJ as they knew they'd get a guaranteed backdoor one if you'd known about it and defended they would have run away as they always do on these SB'd SLC loan -
with regards the card, did you send hoist a CCA request? as for the defaulted date, if a creditor took several months from last payment date to register it, there is most certainly objections to that that can be made should they raise a court claim and these have been successful for us. as for the OD, again if months or even years have been allowed to elapse before it gets a calling in notice, then again there are objections we've seen and used to very good effect. send lloyds an SAR and prepared. the OC would have defaulted these not the DCA debt buyer on or before sale. where was the Letter of claim and was that simply for the Card debt.
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By Badgergirl25 · Posted
I have the last ever deferment acknowledgement letter from SL ever made and received if that helps. Rather than call, would it be better in writing? I find them very intimidating on the phone and went to pieces last time after waiting in the queue so long. -
yes all i know some court fees might be due ie they did take you to court , but it failed did it not..so..
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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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