Jump to content
  • Tweets

  • Posts

    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 2691 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi folks, I hope someone can give me some advice here.

 

A few years ago I sank into the payday loan trap with Wage Day Advance.

 

I borrowed money and for a long time just paid the monthly interest.

 

In Sept/Oct 2011, I didn't extend, they took their money & I borrowed more but then stopped paying them.

 

I had some bloke from a collection company in Liverpool phone me a few times and I eventually told him that I had paid enough and wasn't going to pay them any more.

He went away.

 

On 18 Oct 2012, I rceived an e-mail from Motor Mile Finance headed

NOTICE OF LEGAL ASSIGNMENT OF DEBT

and demanding payment from me.

 

I replied to the mail as follows

'1. I do not acknowledge or accept this debt. I have requested details of this from a previous collector but have been ignored.

2. I will not allow any 'doorstep' thug access to my property and any representative of your company who attempts to enter my property will be instructed to leave.'

They did not respond to me but continued to send e-mails and text messages to me.

 

On 26/11/2012, I replied to another e-mail which stated that my 'agreed repayment plan' was in default. I had no agreed plan with them!

 

My response to them was as follows;

'1. When you sent your 1st messages to me, I replied on 24/10/2012 and informed you that I do not acknowledge this debt.

I asked for details of this alleged but to date have not had the courtesy of a response.

Instead, I now get incessant mails and calls from you.

I repeat - I want details of this alleged debt, I am not going to pay anything based on your demands.

 

2. Further to your message below,

there is no agreed repayment plan between me and you.

DO NOT make false allegations or misrepresent any fact.

I will consider submitting a copy of this mail to the Financial Services Ombudsman as basis of a complaint against you.

I will not tolerate such deceit from you and raise a question about your ethics and practices if you can blatantly lie like this.

 

3. You are hereby warned to now cease your e-mail correspondence

and phone messages to me until such time as you can provide proof of any debt as requested on previous occasions.

Any further contact from you will be viewed as harassment.

 

4. Do not even consider attempting to send one of your agents to my home.

You and or any agent acting on your behalf are not welcome on my property and have no cause to come here.'

 

Ok, so it's not really professionally worded, but I thought it may elicit a response.

It did not.

They continued to send e-mails threatening court action and unannounced home visits and special offers etc - all of which I have ignored.

Yesterday, one of their agents did knock on my door.

I was not rude, but I told him that until his company had the courtesy to respond to my mails,

I would not discuss the matter with him.

I told him that until I had correspondence from them, he should not come back.

His reply to me was (somewhat sarcastically) that he wouldn't be back, he would just send a bailiff instead.

Within an hour, I had an e-mail from the homevisit manager demanding contact & threatening legal & bailiff action

due to my refusal to discuss the matter with the agent.

I have replied to this mail by pasting a copy of my e-mail from last year.

The response to this is that they have posted copies of the agreement to me now.

I don't know if their failure to respond to me can form the basis of any sort of complaint,

but it certainly isn't very professional of them to ignore my requests for information.

Or am I under the wrong impression?

The next aspect of MMFs conduct is what I have today seen on my credit report.

Reading a different post on CAG, I learned about Noddle & have registered there.

The MMF entry on my credit file is disturbing.

I have found the following inaccuracies in the entry;

The account type is listed as 'Mail Order' - I have never had a mail order account!

The account start date is 30/09/2012 - My WDA account was in 2011;

The date of default is shown as 01/12/2012 - Surely that is wrong?

What can/should I do now?

Any advice welcome & thank you

Link to post
Share on other sites

CCA them

 

 

 

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... 

 

 

Link to post
Share on other sites

lets await to findout what debt they think you have first

 

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... 

 

 

Link to post
Share on other sites
  • 3 weeks later...

Hey im new to this but here goes-

 

This comapny is a joke. My WDA loan was taken out in mar 2011 but this like your was registered on my credit file on 30/09/2012 and my default was 1/12/2012. If this very odd that 2 people have the excat same dates. Does anybody else have this problem?

 

I have chosen to ignore them for the past 12 months and receive numerous txt messages claiming that mike will be visiting my house unanouced in the next 4 days. 4 days to this company is a very long time by the look of it. I have no norry that they will ever call and i have no intention of paying them a penny!

Link to post
Share on other sites

Hi 12 +2 Working Days for a CCA request.

 

I suggest sending the following letter by recorded /signed for delivery, do not use e-mail Ma;MF tend to ignore.

 

For the Personal attention of:

 

Mr Rob Sands

Director of Compliance

MMF Ltd.

 

Complaint:

 

Ref: use theirs.

 

Dear Mr Sands,

 

I refer to recent correspondence from MMF Ltd in regard to an alleged debt for £xxx .xx which MMf Ltd claims I owe in regard to a Mail order account (as shown on my credit reference files held by xxxxx credit reference agency

 

An agent of MMF Ltd called at my home on xx xx xxxx and I refused quite reasonably to discuss any financial matters with an unknown person off the streets, this agent left my premises stating that he would not be back but would be sending a bailiff, MMF are reminded of the OFT Guidance on Debt Collection 2003/2012 and the sections regarding conduct such as this.

 

Take Note: I have never been a customer of any MAIL ORDER COMPANY!! Therefore I formally state that:

 

1. I am not the debtor you seek.

2. I do not acknowledge any debt to MMF Ltd. or any company it may claim to represent.

3. The data MMF has caused to be displayed on credit reference files is inaccurate and defamatory.

4. MMF MUST remove all data relating to the alleged debt from ALL CRAs to which it has reported this incorrect data.

5. MMF WILL confirm in writing that my instructions have been complied with.

6. No further contact by Telephone, mobile or landline is to be made and all reference to these numbers are to be removed from MMFs records immediately.

7. No contact by e-mail is permitted and MMF will remove my e-mail address from its records.

8. HOME VISITS: No further visits to my property are permitted, as I ma aware that MMF has claimed that removal of all permissions implied or explicit regarding such visits do not apply to MMF, this is of course nonsense, and any further attempts to visit my property in an attempt to pursue a spurious debt will be considered harassment and I WILL take suitable action.

 

 

Having researched the rather dubious conduct of MMF Ltd in pursuing alleged debts, quoting erroneous amount owed, and seeming manipulation of default dates and credit reference file entries I am forwarding a complaint to the OFT together with a co licence.mment on the fitness of MMF Ltd to hold a consumer credit.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...