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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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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    • 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
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Hi all,

 

This is my first time posting a specific personal issue, but having used the advice on similar issues here in the past, I've had good results, so hoped someone may be able to help me today!

 

I foolishly used Uncle Buck last year for a payday loan,

but as with many of the people on here,

soon found myself unable to keep on top of payments and interest charges,

and defaulted on the account.

 

Even more foolishly, I buried my head in the sand, and am now having to deal with MMF.

 

This isn't my first time dealing with a DCA, but I'm on a mission to clear all my I'll advised debts before I turn 30, and this is my latest project.

 

However, I'm at a loss as to how to proceed with them, as they are not the friendliest bunch!

 

I've done the usual, requested a copy of my credit agreement, the notice of assignment, etc. However, I have a few concerns about where to go from here:

 

1. The original loan amount was £300, but MMF are asking for £670.08.

I assume this is from interest and charges added after I defaulted,

but should I be looking to pay this full amount, or can I offer to pay less?

I'm happy to pay the £300 I owe, but I feel double that is a somewhat excessive request, and won't help my financial situation!

 

2. If I do offer to pay less, can I still request to pay in installments?

I've made the error of paying more than I can afford in one lump sum before,

and then ended up in the vicious cycle of borrowing back to meet daily expenses,

so would much prefer to pay back a reasonable amount each month.

 

3. MMF have been calling, emailing, and texting incessantly,

threatening to send round an agent to visit my property.

 

I don't actually live at my parents' address anymore,

which is where the debt was originally opened,

but obviously I don't want these people turning up at my mum and dad's!

 

I used the usual template in my letter to them,

explaining that I would not accept telephone calls or home visits,

 

however MMF are claiming that they do have legal rights to attend my property.

 

I think this is probably untrue, but it has made me nervous nevertheless.

 

They claim that OFT rules allow them to send an agent to my home,

 

regardless of whether they have my permission,

 

as long as they give me notice.

 

Hope someone is able to give me some advice as to where to go next with this, it will be gratefully received if so!

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I had that reply from mmf however theh have never actually sent anyone round. Anuva empty threat by these bullies.

Edited by citizenB

Please add to my reputation....

SUCCESS - Capital One PPI, Three Mobile charges, Orange Mobile charges, MBNA PPI

Wonga, Lowell, MMF 2 accounts, Provident x 3 Accounts, (ALL Unable to provide CCA)

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moved to the mmf forum

 

have a read.

 

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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Can I/should I request a statement of the account in order to see where the extra £370.08 has come from? If so, is there a legal right to my receiving this information? The calls and messages have stopped, but I'm still getting letters to my parents' demanding payment or an agent will attend the premises.

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send them a cca request

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

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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Thank you for that. They have already sent me a copy of the credit agreement, which shows the original loan sum of £300, but didnt't send a statement of account, which is why I'm none the wiser as to where the account has doubled in size. Will send them this letter and see what the statement looks like.

 

Thanks again!

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was what you sent a cca request before

 

as it should include a statement of account too

 

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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£400 would be a realistic amount.

 

I don't know what they charge per £100 but usually around £25 with most payday loan companies.

 

I'd be looking at settling at around £400 (original loan, plus 1 months interest + 1 default charge.

 

Have motormouth purchased this debt? Or are they just collecting on behalf of UB?

It never rains but it pours...

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They sent a copy of the credit agreement, but no statement of account, so no idea where the majority of charges have come from. The credit agreement states the charge for credit is £90, so £30 per hundred borrowed. So the other £380 has obviously come from charges. MMF state in their letter that they purchased the debt in February, and sent me a letter to say so at the time, though I don't believe this to be true. The first I knew of their involvement was the incessant calls and texts. The default charge according to the credit agreement is £25, and they do state that I'm entitled to a statement of account on there at any time, free of charge. Should I pursue this, or simply offer to settle at £415? (loan sum + one months interest + default charge). Do they have to accept a reasonable offer, or can they continue to ask for the £670? Thanks for everyone's help so far!

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I'd just tell them that the debt is fulfilled and they can go whistle for any money. All further communication by any means will be reported to the relevant authorities as harassment, demanding money with menaces/

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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