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    • Thanks BN. I should add, that any Bailiff action is, to my mind unconscionable, and the point should have been raised by the Master IMO. As usual our problem will not be, what the amendment says.  But more, what some EA will imply it says, on the doorstep.    
    • Yes agree UB it will be unworkable in practice, the issue being that some EA will regard the Virtual CGA as allowing them to physically force entry later if payment not forthcoming.  Or like some bailiffs used to try to imply that phone call a desperate debtor makes at Compliance stage is in effect a Virtual CGA when itn is nothing of the sort. Rule 1 it is known some  bailiffs Lie. Rule 2 Treat all bailiffs as liars until they prove they are not.
    • I cannot see many people agreeing to any virtual webcam review of goods to be controlled.     Many people in debt may not even have the facilities to be able to do this.   And the few that agree may try to have a laugh at the enforcement companies expense.  e.g. this painting is by well known local artist Peter Ist, but he signs his paintings as  P Ist and this other painting is by Brian Roke who signs his paintings as B Roke.     Who would agree to this without understanding the consequences ?      
    • Well poss unenforceable cca both lets see
    • Although I will be submitting another request as DVLA haven't stated when they responded to VCS with the information.  18th was a Friday,  VCS say they posted the letter on Mon 21th.  Seeing how this SAR has taken this long, I doubt the DVLA went all out to clear the request over the weekend, but we'll see.
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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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Never start pointless letter tennis with a dca.   dx

They don't seem to be letting this go

I received a letter from Intrum again in August.   I ignored as they had never sent me the DN.   

However, I just checked my credit file - and it shows a "search" by Intrum (debt collection) in September.

 

They know they haven't complied.  I filled in the forms I should in Feb.   So why are they doing credit searches?

Should I reply - reminding them they never sent a DN and to go away until they do?

 

Edited by HP Mum
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Never start pointless letter tennis with a dca.

 

dx

  • Like 1

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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  • 4 weeks later...

I have received another PAP letter of claim from a dca.

I had already dealt with one letter of claim at the start of this year.

They had/ have never provided a valid DN.

 

Should I write and tell them or because this is a new letter of claim do I need to re-do the same as post 101 above ??

 

Edited by HP Mum
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dca's don't send PAP letters solicitors do..

 

 

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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probably hoping you have moved then they'll use your failure to comply to file a backdoor CCJ.

reply as you did earlier, 

 

i haven't looked to see what the issues are with the CCA request returns from before but it must of been concluded something was wrong as you (eventually) stopped paying in 2017.

 

no need for a new CCa request this time.

as for the reason just put the debt owners have failed numerous times to send all the required enforceable paperwork requested 

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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Thanks.

Will dig out the previous one on my computer.  Hope I have it saved. 

My printer is broken so going to have to figure out how I print out!

 

If I remember right - they did provide a copy of my signed agreement.   It is the DN that they have never provided.

 

So:

Box D - I would add "have failed numerous times to send all the required enforceable paperwork requested" ?

Box I - I would amend to say previously sent CCA and £1 and the same addition "have failed numerous times to send all the required enforceable paperwork requested" ?

 

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yes just vaguely intimate 'something' is missing..not what 

keep 'em guessing..

 

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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Just trying to get on top of this.  Have a couple weeks to reply but with Christmas looming I thought I'd get it out the way now.

 

So:

BOX D - I dispute the debt because ……………:

the debt purchaser has yet to provide any or all of the required documentation

And Box I -  I need more documents or information.....:

I have already requested by way of a CCA request + £1 fee for you to supply copies of a long list of documents.  You have failed numerous times to send all the required enforceable paperwork requested.

 

By adding I have previously submitted and paid for a cca request that would mean I don't have to do it again now?  And as you said DX, they need to then do the work to ascertain what they haven't provided rather than me spelling it out again?

 

If this is ok I will find a way to print it out and post (with proof) 

 

Just as a ps - going through papers they allege the account was assigned mid 2014.  Never got the DN

Edited by HP Mum
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i would not change box i

don't give the game away.

 

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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not sure i understand what you mean dx?

i shouldnt mention the previous cca?  and should just write "You have failed numerous times to send all the required enforceable paperwork requested".

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i would leave box i as our guide recommends

 

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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  • 4 weeks later...

I had a stroppy reply

They have attached a screenshot of the alleged DN.   They suggest this is now enough to take further action

They still don't have the original

If they don't have the original how can they provide a screenshot after all these year of not having any evidence?  Could it possibly be manipulated ?

 

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I forgot, did you ever SAR Halifax? That should tell you the exact date a default notice was issued and sent out.

We could do with some help from you.

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scan it up the complete reply... a screenshot has on numerous occasions lost dca's court claims..if its even real!

 

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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  • 2 weeks later...
Posted (edited)

Sorry for the delay - been sick... on the mend now.

 

I did a SAR ages ago.

SO - the sar and my own accounting records show I paid correct amount at the start of each month. 

I had some financial issues in 2005.  On a few occasions I missed the payment date - yet always made the payment later in same month or paid double the following month.  There are a few £30 charges in 05.   From end 05 to end 08 I didn't miss a payment.

 

Nov 08 I missed a payment.  From then on I only made token monthly payments.  But at this point they would not have expected me to stop paying because my payment history had been perfect for the previous 3 years.

 

Intrum letters have always advised "unfortunately, due to the age of the account the original creditor is unable to provide a default notice".

However, they now add "but we have enclosed a screen shot demonstrating that the default notice was issued, and are happy to rely on the same".

 

The DN screen shot is dated end Nov 08.

I had not even missed 30 days, let alone 60 days or months of payments!

 

The screen shot shows:

DFN total arrears = 1 month payment amount.   

DFN total due amount = 2 months payments amount  (** why? Next payment wasn't yet due)

Cycles delinquent at time of issue = 1

 

Why would the original creditor be issuing a DN in the same month payment was due, after 3 years of perfect payment history???

Intrum advise they will rely on the screen shot of this "alleged DN" to take action against me 

 

Sar statement shows a £50 charge in Dec 08.   I assume this relates to the DN?

 

Edited by HP Mum
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asked you scan it up...

 

until/unless intrum reply to your PAPLOC reply...yours are not the next move

 

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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Have attached covering letter reply to pap

redacted

not included all the financial statements - just the alleged DN screen shot which is dated in the same month of my 1st missed payment in 3 years of otherwise perfect payment history.

Halifax-Intrum PAP.pdf

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Yours is not the next move

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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On 07/01/2021 at 11:11, HP Mum said:

 

Intrum letters have always advised "unfortunately, due to the age of the account the original creditor is unable to provide a default notice".

However, they now add "but we have enclosed a screen shot demonstrating that the default notice was issued, and are happy to rely on the same".

 

But if a judge ever would , would be be vary rare

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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