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    • I know, you couldn’t make it up..we shouldn’t have fallen for his scam though but people do..   Only hope it seems if Action Fraud will take it on as they can get the Police involved then, fraud is supposed to be a serious crime..
    • the highest!   ok so doesn't look like any long term penalties so old statement prob not that relevant    
    • As a Liability Order had been obtained on 12th January, it would be usual for the local authority to pass the debt to their chosen Enforcement  within a few days and if so, you should have received a Notice of Enforcement a few days after they had received instructions (probably around the end of January).   You need to call the council and ask them the following information: What date was the account passed to B&S? What address would notices have been sent ? If they have the information.....what date did B&S send the Notice of Enforcement to you.  
    • OK we have various bits of a defence-even though it states 'By post and email',nothing has arrived by email and the postal arrival has been filleted down so it's more slender than it should be. I wasn't able to get them into PDF format so I'm hoping JPEG will work as well.   There are several points that I have noted straight away from their defence-    *they refer to no other correspondence apart from the SAR's'-yet I have ample evidence of correspondence with them both by mail,phone and webchat *they state that payment has not been made since November 2019-their account ledger itself states a notice of default was issued on 2/1/2020 with the default date on 3/2/2020 and yet I have evidence from my bank that DD payments were taken until February 2020 when it was cancelled. *most confusingly, their defence is dated 6 March 2021- some ten days before the claim was actually submitted!   They also include a credit agreement which goes through sections 1-6 and then lays out the pre-contract credit information and then rather confusingly hops from section 6 straight on section 11 so something has been omitted or misnumbered either accidentally or deliberately. Shall I upload the credit agreement and account ledger too or was it just the defence you needed to look over?
    • Yes I wish I had been in a position to help a few years ago but better late than never... Thanks for the updates.   PPI charged is 'No' across all months, so not relevant I assume.   There are no fees on the first detailed statement in Feb 2002, only interest (applied) charges. Is it worth pursuing this, or should I just take it in good faith that there wasn't any fees?   There are a late payment fees in September 2002 and May 2003 however both were refunded (we assume on appeal?). I assume these should not be included on the sheet. The first non refunded is May 2005.   Regarding interest rates. There are a few 'notice of default sums' letters from 2009 included they have an interest rate of 8.510% in the March 2019 and slightly lower rate of 8.010% for June, September and October. The letter states: "we are not entitled to charge you interest for the first 28 days. However, if the sums are not paid in full by that date interested will be charged at a rate of 8.010%. Since this interest rate is a variable rate, the rate which we will apply to the default sum once the 28 days have passed may be different." The interest rate of default sums from the back of the CCA is 13.9% PA. Which percentage should I use in the spreadsheet?    
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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Dear All,


I wonder if you can assist.


I was inolved in a partnership that basically went south, the senior partner ended up getting the boot leaving me saddled with debts of around £24k

I tried to re work these debts however a down turn in business resulted in additional debts of around £30k being incurred with HMRC for PAYE. Coupled with my personal debts I think i ower nearly £90k


I do own a house with my wife however we are seperated, that said there is a secured loan on the property under my name so i know that for my part of the property there is negative equity. I currently live in a different property which is rented.

I have no real concerns on the house front due to the equity minus the unsecured element still leaving the house technically in negative equity on my side.


The area I am interested in is that my wife owns the Ltd company I am involved in, I used to be a director but stepped own in July and now technically just do Sales, the day to day management and running of the finances, suppliers etc falls under my wifes remit as sole director.


My questions are :-


should i be concerned about my PAYE role in the company? obviously my wife does not have an issue with the bankruptcy but will the official receiver? could they stop me from being involved in the company as it is a husband and (ex) wife team?


Will the Official recieve visit my rented home?


We have a business bank account under the company name for which i have a card (it is a ltd company) will the bank be notified?


We do not have joint personal accounts so i presume it is only my account that will be frozen?


Are there any areas that I should be concerned about may have been an easier question!


Thanks :)

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So long as you are not directly involved with the running of the company you should be OK.


It's unlikely that you'll have a home visit unless there is something that causes SIGNIFICANT suspicion. Most people only ever speak to their OR via the telephone.


If the bank account is in the name of the firm I can't see why the bank would not notified but I'm not 100% sure on that one, sorry.


It would only be your bank account that would be implicated.


Re; the property, it should be OK. It's likely that the OR will take a look at the properties value in a little over 2 years time and decide what to do with the property at that stage.


Hope this helps!

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