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    • Hi Guys   I really could to with a bit of advice.   I have used the surname A (we will call it that to help with the explanation....lol) all my life. Name A is on everything i need my name for on a regular basis (my birth certificate, driving licence, bank accounts, utility bills, doctors....etc).   Now as a child my mum remarried and thought it a good idea in all her wisdom to ask the school to put a name B on my file.   So when it came time for my national insurance number came it had the name B on it.   Inland revenue said that there wasn’t a problem with this as long as i never try and do anything fraudulently (trying to obtain benefits in two names…etc) but later in life there was a few problems with ID not matching, so I spoke to a solicitor and they wrote me out a stator declaration stating that the person with the surname B and national insurance number is the same person as the person with name A.   This has always worked perfectly with any issues that arose up until I applied for a passport.   Now on to my actual problem….   I’ll try and keep this a bit shorted as the passport office has constantly messed things up and either contradicted themselves or apologised.     I applied for a first UK passport and as I’m English and fall within a certain age bracket all I had to send them was a form filled in by someone that has known me for a number of years. I sent this off and received a letter stating they needed more information and I needed to contact them. This then turned into the actual decision maker calling me back the following day.   She said that because I had put that I had been known by name B once that they would need to see that I have changed my name to name A.   After explaining the situation with her about name B and that there is nothing really that I can change as I only use name A, she requested that I send in my birth certificate so she could complete the application.   I sent this in and had a repeat letter from them saying they needed more information and I had to get the decision maker to call me back again.   This time she said she would need a stator declaration to explain the name. I said I have one of those (I actually forgot I had it until she requested it) but explained that it wasn’t a change of name and just explaining that the person with name A is the same person as name B. she asked me to read it out word for word to make sure it had the right heading…etc and said for me to send in the statutory declaration, driving licence a bank statement and a recent utility bill.   I sent this all in and guess what…… I get another letter saying they need more information.   So we go down the same route with a call back only this time she says she wants a letter from HMRC in the name A and a statutory declaration stating I have changed my name from name B to name A.   I reminded her about the situation with the names and explained that HMRC say there is not a problem with my name and that I would in effect be lying to a solicitor as im not changing my name to name A because its already name A.   She then completely changed her tone and started going on about me also needing to sit an interview…etc (that I expected anyway) and that if she was to give me a passport then there would be nothing stopping me from getting a passport in name B. I then said ok ill go ahead and have the passport in name B but she said a letter from HMRC is not enough to get a passport.     This has gone back and forth with different departments and I had to make a complaint (even that was a problem because I had normal representatives claiming to be from the complaints department so they didn’t actually open a complaint).     It’s got to the point now that I need to get the ombudsman to step in.   I had a consultation with solicitor that agreed that I’m completely in the right and said went down the lines of the fact that it’s not a legal requirement to have name A with HMRC and it can be presumed that I am going to do something fraudulently. And he likened it to a woman that has got married and can use her maiden name as well as her married name (there’s not one rule for one and one for another as this is discrimination).   I need to send something off to the ombudsman so I was wondering if there was some legal stuff I could quote?     Thanks for any help given and sorry for the long post….lol
    • The bigger arguments were   You need to stay in the UK to stay in the EU - and the UK would veto Scotlands entry - they cant now   Currency - you cant use the UKP - many arguments contrary to that and Scotalnd could easily choose dual currency - rather like the english and scottish fivers   Finance - For starters: * Kick the nuclear subs out and access the gas and oil and fish in those Scottish waters for a 10 year plus boom with no England interference and bleeding dry - as Scotland gets established in the EU * Fishing (in agreement with the EU and Norway etc was always more important to scotland and the tocks are moving North * Become the route from Ireland and the US to the EU - ask Dover etc how profitable that was *** Demand a full breakdown and legitimacy of the part of the UKs debt they might be expected to share - including the 100billion chumocracy payments .. if England dare ask   Hows that for starters?
    • They never included statements.  Just a list of each loan.  Date taken out and amount.
    • Hi.   As far as I can see, you haven't read any other private parking threads to understand how this works. If you don't mind my saying, you need to read more threads so you grasp the whole process.   HB
    • Is there any point in leaving the defence for a lengthy period other than necessary for its  preparation? Or is it better to get it done as soon as I am able to?
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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
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Is it just wait and see? Or can I do something?


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I have a number of credit card debts, a few years old now, all of which resulted in defaults. I've since moved house a few times, and have notified the (up-to-date) assigned creditors of my new address to try to ensure I get any and all mail involved.

 

Some have provided me with signed CCAs, others have not and occasionally send an offer for 50% off.

 

Some of my darkest evenings were spent reading these forums a few years ago, and I learned a lot. I'm now in a much better position, but wondering what I should be doing to resolve these debts, if anything. My thinking has been that I should just wait for them to act, or wait for six years to elapse.

 

It'll be a couple more years before all my defaults drop off my credit file. I'm building good credit histories with my bank and a credit card, which has a colossal interest rate, but which I pay religiously in full each month.

 

Is there anything else I can/should be doing?

 

How likely is it that they'll file court claims as the six year term comes closer to an end? And what can I do to prepare now?

 

What would prevent the debts from becoming statue barred? I haven't made any payments for a couple of years. Does contacting the creditor prevent statue barred status?

 

Appreciate your help!

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as long as you have not signed a letter saying this debt is mine you are ok.

 

the debts that are getting discounts means there is reclaiming to do

 

you need to SAR the OC's involved

 

can you list your debts and own now owns them please

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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Thanks for the reply dx. The claimed figures are (approximately):

 

Cabot Financial (Europe) Ltd

(OC Citicard)

£500 remaining, payments made here a couple of years ago

 

MKDP LLP

(OC Barclaycard)

£4,500

 

Hillesden Securities

(OC MBNA)

£4,000

 

HBOS

(Amazon Card)

£1,250

 

Tesco Personal Finance

(Tesco Card)

£1,900

 

Lowell Portfolio I Ltd

(OC Marbles card then Aviemore Funding Ltd)

£3,700

 

I attempted to reach a settlement figure with one or two of these over the past year or two to see where I got but my offers were not accepted (they were low - 25-30% if I remember) and I didn't put much effort into follow-up.

 

Hillesden sent standard form letters offering 50%, then 25%. They're the only one I'm certain have no CCA at all. Only three have provided anything with a signature however (Lowell/Marbles, Tesco, HBOS/Amazon).

 

1st Credit (acting on behalf of Aviemore/Marbles before that one was sold to Lowell) indicated that Aviemore would have accepted 75% in two instalments.

 

Is the goal with the SARs to flush out a CCA, or to claim back fees to reduce the claimed balances, or both? All the fees will be £12, as I didn't get into trouble until after the charges all dropped to that level.

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