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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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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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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