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    • Problems with DWP are a possible reason for the delay in paying beneficiaries. If for example DWP suspect that benefits paid prior to the deceased's death have been overpaid they have to right to recover the overpayments from the Estate. Until the Executor has agreed with DWP what is owing to them and paid them they cannot pay beneficiaries. Sometimes the overpayment of benefits, usually because the deceased had not given correct information to DWP, goes back years and can be a substantial amount. Possibly so much that there is no money left to pay other beneficiaries. When I've dealt with DWP on overpaid benefits you get a lot of threatening letters from them telling the Executors that DWP has a duty to recover overpayents to protect public money and will go to court to recover it if they have to.    The bad news at the moment is it takes months to get anything sorted out with them. eg, just before Christmas I got a reply to letter I sent to DWP on a routine matter last February! Covid support has swamped them. I agree with HB that you should wait. And you might have to wait some time I'm afraid.   Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible.
    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
    • Hi Anney.   Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.   HB  
    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
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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
      • 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

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Ok, ignore or give em a swilling.....Will they shout obscenities through my letterbox in either event?!!!! God that would be mortifying if the neighbours heard tem asking for money :(

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did it say they will visit or call wednesday? if visit and if ever they did, suggest you go upstairs with a bucket of contents from pot under bed and sluse it out of the window at an appropriate time>?

 

:lol: My grandfather actually did that once. It must have been in the 30s when my mum was a little girl. She clearly remembers him doing it to people who were making a suspicious noise outside. He thought they were burglars. They left with more than they expected. :lol:

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Love this forum, makes me feel like I can take on the world when Ive got you lot to back me up ;)

 

 

 

send the doorstep letter as D.D, states and your further covered, no need to mention asking for Mansion Red Lead Paint for the step.

:mad2::-x:jaw::sad:
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I think I just automatically thought 'calling' was a doorstep visit but possibly not....oh well whatever they do they'll be ignored either way :)

 

 

 

That is what they hoped you do and then ring them!! all part of the threatogram - the idiots.

:mad2::-x:jaw::sad:
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  • 1 month later...

Hi all, I have just received my 'bumf' from capitalone regarding my SAR.

 

There is sooooo many pages of information I havnt a clue where to start..

 

..there are screen dumps, copies of letters to and from and also a list of statements and ins/outs.

 

Can someone please point me in the right direction what I do with it now (as in claiming back or whatever I am supposed to do) as I am a bit overwhelmed?

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look for FIXED sum penalty fees and PPI in the statements

 

go any?

 

late/over/letter/phonecall?

 

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 DX, yes I have some PPI, some late payment fees etc...

 

In which case you need to start completing the spread sheets. You will find the PPI information in the links in dx's signature and also the spread sheet that you need to complete.

 

Charges and PPI should be two separate claims.

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  • 1 month later...

Hi all,

am I correct thinking I may have to pay court fees for claiming these charges back?

 

I have also just received a letter from Fredrickson International 'letter before action' regarding said debt.

 

Not sure how to proceed....definitely don't have the money if its going to cost me an initial outlay to try and claim such charges back....?

Any advice?

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not unless they refuse and even then it wont cost much.

cap1 typically cough on charges/ppi anyhow without ccourt

 

did you get that spreadsheet done?

 

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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I have to be honest Dx I havnt done it.

..I have so much on my plate right now I'm feeling totally overwhelmed,

 

I have coursework deadlines to meet by the end of this month or I wont get into uni next year,

allsorts that needs done in my home as we havn't long moved house and so many debtors who need seeing to that I just keep avoiding it

all because there's so much info to take in.

 

I think I'm going to have to take the view to tackle these Cap1s at the minute and forget the rest for now.

 

I could cry when I look at the pile of letters that I keep stapling to each other...it just feels like a never ending task.

 

Anyway, that's my whinge over,

 

I have a roof over my head and a lovely family which is a damn site more than some do and I'm certainly nt the first to be feeling like this.

 

Need to stop avoiding and start doing.

Thanks a lot.

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I do know how overwhelming it is, but if you don't respond they may well start proceedings and that will be a lot worse to deal with.

 

Just try and decide what you will deal with on each particular day and make a list. Doesn't matter if you don't finish all the tasks; at least you will have done some.

 

Obviously the coursework deadlines are very important too, but this Cap1 situation isn't going to go away so, as you say, that has to be tackled now.

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Right,

 

I have looked on the main forum for the spreadsheet as I wasn't sure which of Dx's signature links it was

...I got to a wiki link but I don't know exactly what I'm looking for .

 

I have found a 'Credit Card excel spreadsheet' sticky..

..it seems very straightforward,

is it really as easy as putting the charges in and it will calculate?!!!!

Is this one it?

 

http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods

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