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    • Firstly, even if they get away with this, it doesn't mean you won't win.  The solicitor can eloquently waffle on as long as they like that the signage isn't carp.  I'm afraid the signage is carp and the photos show it is.   Virtually everyone who has beaten these companies in court was facing a solicitor, but still won.   So do what dx, Andy and the court woman said.  Write to the court now pointing out this is a supplementary WS and it was submitted to you & the court 17 days after the deadline albeit with a date on to pretend it was written before the deadline, and you invite the court not to accept it.   If you get nowhere, then challenge it on the day in court.
    • 21st April for them to produce, personally I think this is way too much time for them😪 Order of the Sheriff-1.pdf
    • My daughter has been selling unwanted items, mostly clothes, for a couple of years now with no problems until recently.  She sold to someone in Germany before Christmas, which was claimed never got there, so obviously paypal refunded the buyer, no questions, despite her never having any problems before now, which left a negative balance.  She sent it using Hermes, something I have only just realised was a big mistake.  She has proof of postage given to her when the package was collected, although the reference number is now not recognised by Hermes, so getting in touch with them to find out what happened to her parcel is impossible (as many social media platforms have confirmed this).   So the outcome is that while we were trying to get in touch with Hermes, paypal have, very quickly, passed this on to Moorcroft who are now hassling her.  I have told her not to worry about Moorcroft as everyone knows how these people operate, I have reassured her that there will be no visit to the door from anyone.   The only concern she has is whether it will affect her credit file, as she has worked hard to get a good credit rating over the last 4 years and doesn't want something like this to destroy it.  My thought is that it can't as it is not credit, and she hasn't gained financially in any way, quite the opposite really, so it can't have any negative impact on her credit file?  She is prepared to give Moorcrost the money just to get it sorted, but I don't want her to be hasty in giving them people anything.   I've looked at a few posts similar to this and my understanding is that this is correct but just need reassurance to pass on to her.   Thank you
    • It was granted on 17th Feb and i requested to their Leeds address below:   Hermes UK Capitol House 1 Capitol Close Morley LEEDS LS27 0WH   This does look like the correct Hermes UK office address though?
    • You have a judgement against Hermes? When was it granted? You should apply for execution of the judgement immediately. You shouldn't even be asking us. One thing though – you should check that you have actually serve the papers on a real physical address. We have had one case recently against virgin where we discovered that the papers have been served on a postcode – but it was actually a redirection address and that there was no physical address which could be visited by bailiffs. What address did you use for the claim?
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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
      • 33 replies

Co-op threatens sanctions and financial punishment.


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Received a standard letter template from the Co-op, hopefully attached?

 

However, it wasn't until I re-read their missive that I noticed the wording they used.

 

"Continued misuse of your account means that we can impose restrictions to your banking facilities, including your debit and credit cards, or even close your account"

 

Now considering this is only the second time I have bounced a direct debit, I find their language very threatening, quite how depriving me of £30 is ever going to force me to not "misuse" my account is totally beyond me?

After all, isn't the reason why these DD bounced because I didn't have enough money in there in the first place?

 

No wonder the finance industry is in such a mess, I rang them (Truecall) and spoke to a pleasant enough lady who told me they can only waiver bank fees once in a 12 month period, when I told her that the only payments going into my account between now and their attempted 'charge' of £30 is going to be my benefit money, it sort of fell on deaf ears, 'it's in the terms and conditions' yadda yadda yadda, 'were allowed to take money out of the account' yadda yadda yadda.

 

So letter of complaint is going out first thing tomorrow, along with my thoughts on why I feel their charges are unfair, and if they wish I will send them a letter of appropriation. In the meantime I'm looking for another bank!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Whenever i argue with my bank, i always demand to know the name and employee ID of the person i am talking to, so i can call them as a witness if i need to take court action. You wouldn't believe how fast i get passed to a manager and have my problem sorted.

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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'were allowed to take money out of the account'

 

Who do they think they are, some government office or the tax man. They are just another business but one that gets it's stock (our money) for nothing and makes a profit on it, a bit like the waste recyclers but less ingenuous.

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Yes she did try and get me to speak to her manager, but I told her I would rather deal with this in writing so I can have a paper trail of evidence.

 

Don't really want to transcribe all the calls..:lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

So, ended up telling them I'll need a £30 overdraft to buy some food for the month seeing as they had taken my benefit money.

 

They ended up giving me a £40 O/D, which I used £30 to buy my food, and took the extra £10 as a means to compensate me for the trouble they had caused.

 

I then opened a new account with a separate banking group, and transferred all payments to it. Leaving Co-oP with a £40.17p O/D.

 

Looking forward to the ensuing influx of deforestation.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Well this has escalated somewhat!

 

Not at all worried mind, truecall is doing a stirling job rejecting all their calls, and recording all their failed attempts to harass me via the phone.

 

Todays post brought me a DN, and a faulty one at that!

Whilst they have learned to give the required fourteen days in which to rectify, and state an actual date, unfortunately the amount they want is the total amount they claim is owing, tut tut, try again, and remove the bank charges you have added and the interest it has accrued on those charges, then come back and we can talk like adults.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

58 calls since the 15th Oct, all expertly rejected by Truecall.

Now correct me if I am wrong, BUT, I have made it clear to them verbally NOT to call me again, (letter to go out this week regarding their harassment, and the charges I will present them with should they continue to ignore my request)

 

I am quite sure that truecall informs the caller that their call is not appreciated and NOT to call again? Can't get much clearer than that, at least they can't say that the five calls in one day they made they didn't understand?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Harrison v Link.

 

Hit them where it hurts.

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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  • 2 weeks later...

So after sending them a suitably direct letter informing them to remove my number from their database yadda yadda yadda, and to never call me again,

the total number of calls they have now made stands at 83, yes eighty three!

So by my poor maths @£18 per unwanted call = £1494.00 then the fee on top of that plus interest at the stat rate... :typing:

 

So just to inform the 'collections department' exactly where I'm at, I rang them and told them that I issued them a letter of harassment last week, and it clearly stated should they continue in their harassment and intimidation, that I would be billing them for the entire call history they have made. They have continued, so I have again informed them verbally, to remove my number from their systems, only for the silly boy to respond with 'they might contact you again when it gets to our other department'?

 

More fool you if you do!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 5 months later...

Just a V.quick update on this, currently paying them £1 a month, they still have ownership of the account and the £1 a month payment is coming off the total owed.

 

They have also refunded the bank charges and interest added to those charges, bringing the account below £180....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Lovely letter off Co-oP, informing me that Robbersway are now in charge of this account, and all payments blah blah blah must go to them...

 

S/O won't be getting changed, £1 a month is still being paid to the bank direct, looking forward to Robbersway first threat letter.

Truecall will hopefully start logging their failed telephone harassment calls, lets see how many the bank can rack up this year, as it is ultimately their responsibility of any

third party they choose to employ, they can carry the can!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Ok, need to pick some brains here.....mine is defunct!! :frusty:

 

To date, Robbersway have sent me three missives, last one being yesterday, gave em a little toot, wanted to bait them for a while, anyhow..

 

This account has now gone through the whole, default and termination process twice, first was figures WITH fees/charges/int second one was WITHOUT

all of their fees/charges & Int, plus Int was stopped before they terminated.

 

A GOGW was made by me as a result of their GOGW to refund all fees etc, of £1 a month, they obviously wanted a I&E form filling in, 'computer say's No!'

just set up a S/O to maintain monthly payments, however......

 

On telling robbersway that I was paying the bank direct, they insisted that the bank hadn't received any payments since June, so checked online banking and sure enough, they were returning my S/O the day after it had left my bank..

 

I'm just putting a letter together of my own to send the bank to question them as to the legality of what they are doing.

Now as I understand it, when the agreement is terminated, that basically means that the agreement no longer exist (Y/N?) therefore unless there is any express permissions written into the agreement, interest, charges, fees etc can no longer be added as the agreement which allowed them to do so has been terminated by themselves? (Does that make sense?)

 

Therefore, the part that says they ''may pass your account onto a third party debt collector to collect on their behalf'' is surely unfair/unlawful?

 

And IMO the only way they can get around this is by selling the account under the LOPA giving the 'new' owner the debt to chase, but surely they would need you to make a new contract with them in order for you to pay them?

 

Or am I really really confused?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Isnt there a law or regulation that says a creditor cannot refuse a valid form of payment towards an outstanding amount owed?

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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I think your right, there was one somewhere with the OFT DCG, time for some digging.....

.

.

.

.

A ha!

[Note: paragraphs 3.9c of DCG and 3.48 of DMG](2) unless the credit agreement requires payments to be made to a third party, refuse to accept a payment tendered to the firm by the customer or by a person acting on behalf of the customer;

http://fshandbook.info/FS/html/handbook/CONC/7/12

 

I think I might be understanding it a little better now......so whilst the 'agreement' has been terminated, the actual 'contract'' has not.....? :noidea:

 

Time to start reading the small print I think, back in a week!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 months later...

So CooP have now sold the ''ACCOUNT NUMBER'' only? to 'Asset Link Capital (No.5) Ltd (ALC5) Who have 'appointed' Link Farcical Outsourcing Ltd (link) to manage this account on their behalf??

 

Confused, yep me too?

 

I'm going to hold off baiting them for a while, just until I can do some research and then ring them, only to laugh you understand.....:phone:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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if the only payments into the account are clearly marked as benefits

then BCOBS should kill the debt dead.

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414497-Success-with-Satans-bank-using-BCOBS

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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Sorry attempted to post up the two scanned letters that Link sent, one they allege to be from the bank, but in the same font, and on the same paper as their own begging letter.

 

I know they use others letter headed paper, but I've already lodged a complaint to the bank using the word, 'fraudulent use of' and am leaving link farcical to their own devices for the time being, lets see how much rope they need to hang themselves...

Edited by Bazooka Boo
Brain fart and can't post up scanned missives??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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With a little luck, the attachments should show the latest missives from, link,

 

 

and the fake letter from the Co-oP bank,

 

 

both sent in the same envelope,

 

 

both with the same font,

 

 

and both using the very same paper,

 

 

yes I really do inspect these missives that closely!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sadly the debt buyer are permitted

to use the OC's logo's etc.

 

 

in a NOA.

 

 

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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Hmm, but I'm thinking along the lines of SLC and their use of fake DCA's etc......

 

Surely this is misrepresentation?

 

Doesn't really matter to be fair, as I don't deal with DCA's, unless I want to bait them....I don't know, these are the second

clowns to chase for this, surely they know they're :deadhorse:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 months later...

The latest missive in this somewhat tedious saga.

 

I note that they claim to have sent me correspondence before, they've not, this is the first begging letter they've sent.

 

I also note that they claim that the debt is registered for six years or until the balance is cleared!

 

Maybe they know something we all don't?

 

Ha ha, my bad, school boy error! Convert jpeg to pdf.....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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begging letter

 

 

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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begging letter

 

 

dx

 

I know, I rang them and told them I wouldn't be paying them anything, as I was previously paying £1 a month direct to the bank who kept on refunding

the payment to my account before selling it on.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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