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    • I disagree that the motorists interviewed in the local paper had a better case than you.  OPS made it impossible to pay, and can be shown to have allowed this at best negligent situation to go on for months.   You've asked straight questions, which is fair enough.  If OPS did sue you, it would be for 2 x £100 PCN + 2 x £60 invented Unicorn Food Tax + £50 legal costs (remember these are capped at small claims) + £50 court fee costs + some interest = around £420.  There are three possible outcomes to a court case    - you win and owe £0.00    - you lose, the judge doesn't allow the Unicorn Food tax, you owe £300.00    - you lose, the judge is lazy and allows the Unicorn Food Tax, you owe £420.00.   Yes, fighting would take some work, however over many months, namely    - build up some evidence against them as in post 14    - read other OPS threads here so you get the right idea    - reply to a Letter Before Claim if it comes, we have loads of examples of snotty letters on the forum    - defend the claim should it be issued, we have a standard generic defence    - if the case proceeds, prepare a Witness Statement.  This has to be done seriously & properly.  However, again, there are examples compiled by other motorists here which you could use as a basis.   This is all worst case scenario of course, if they knew you'd be big trouble in court they might well give up before a court claim.
    • Hi there BankFodder and team - PARCELHERO filed their defence last Friday: below is what has been written:    * Claimant entered into an agreement to send a shipment via a carrier of his choice. * That carrier was Hermes. * For all Hermes bookings we do not offer any free cover in the event of loss or damage, so unless any is purchased, in the event of either loss or damage, a claim cannot be processed. * During the booking process the claimant, despite presented with the option to purchase cover, selected the option that states he will 'accept the risk' of sending his item without cover. * Unfortunately the claimants item was lost by their chosen carrier Hermes, so the claim was respectfully denied by Parcelhero.com Ltd as per our contractual agreement.   Here is the latest in the claim history -  A bar was put in place for PARCELHERO.COM LIMITED on 11/06/2021 PARCELHERO.COM LIMITED filed a defence on 11/06/2021 at 14:05:11 DQ sent to PARCELHERO.COM LIMITED on 14/06/2021   I gather from the MCOL user guide that I will now be sent a questionnaire to be completed and returned and that mediation is a likely next steps. As ever, I would be grateful for any observations or focus areas of advice you could offer.  Many thanks in advance, Martin   
    • stop thinking and using the word fine and you might understand how things work better   
    • Thank you both for your detailed replies. Yes, I agree, what OPS are doing is tantamount to theft, but in my case, I fear it's legalised theft. I can't find that many other OPS cases in this forum, but of those that I did find, including those mentioned in the news articles paid online, all had actually paid for their parking ticket, but were "fined" in spite of that. They clearly have a much better case than I do.   My one and only previous experience in the small claims court has taught me that it's not about what is fair and reasonable, all the judge cares about is the law, and what's in the contract. Dx, I'm sorry, I don't understand your comment above, and I still fear that I am (regrettably) legally in the wrong.   Dave, you admit that I would have to put in a lot of time fighting this case, and I'm thinking that really, life is too short, and that time is worth more to me than the £120. Nonetheless, I would contest it on principle, if I thought I had a realistic chance of winning.   I take your point about not getting a CCJ if you pay the "fine", but the stakes are escalating, surely. If I lose, I will have to pay the court costs as well as the £200 fine, won't I?
    • If you go to use a mediation service then you should use the one supplied by the County Court. To suggest ADR when first of all you have no idea how it is organised, who would provide it, how much it costs et cetera is simply asking for trouble. There is a motor traders trade association which will provide ADR – but don't forget that by and large they represent the trade. The fact you are asking whether or not conciliation services are offered free of charge shows that you don't know how it works so why on earth are you even bringing it into the equation? You shouldn't be considering anything without understanding what it is you are considering or proposing. Suggesting ADR immediately suggests that you are prepared to sacrifice some of your rights.  I don't see why you feel that you have to show some kind of goodwill after all the treatment that you have suffered – but on the other hand, we have understood by now that this is a man that you want to protect. Bless. Suggesting ADR without having a court process underway means that you giving out signs that you are still not fully committed to bringing a legal action – and you have demonstrated that since January by sending three threats of legal action and not following any of them up. By suggesting ADR again, you are going down the same path – why should anybody take it seriously.   On FastTrack, don't forget, you will only end up paying the other side' s legal bills if they win. On the basis of what you say, that looks like a very outside chance. If you did go on the fast track then you would also recover your own litigant in person costs at 18 quid an hour. Not much – but then it delivers an extra slap to your secret friend. Also, you would be able to claim interest at 8% per year so you would be looking at at least two years interest on 10 grand – 800 quid a year. Plus by the time this is all over, you could be looking at 300 quid or so in litigant in person costs. But of course the fast track is a risk that you will have to take. Check the figures I have put in the proposed draft, I calculated that it's about a year and 1/2 you haven't had the vehicle that you need to make it precise – at least within a month. I suggest that you post up here before you send it off.  
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Asked for a copy of the Default Notice - they say they never served one?!


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Could someone who is experienced in these matters please give me some advice.

 

I recently got my credit file as I am going to be applying for a mortgage towards the end of the year. There was a default registered against me by JD Williams for about £200.00.

 

I actually know what this was for, even thought it was a long time ago, it was an order that I had placed prior to going working away for the summer which was delayed and then I went away. I informed the company but they had a nasty habit (despite me telling them I had no secure place) of throwing my parcels into my neighbours garden (literally!) which is what I thought happened here.

 

So to cut a long story short I refused to pay for goods that I hadn't received, I think it was one item of a pair of shoes, and pretty much forgot all about it. I never paid the account because frankly I thought I was in the right.

 

I have investigated since finding out about the default and I think the order in dispute was about £80.00 and the rest is made up of charges.

 

There was never any default notice in my post so I wrote to them recently and asked them for a copy of it.

 

They have replied saying "we have not issued a default notice as defined under Section 88 of the Consumer Credit Act 1974 in respect of this account. Any defaults, which we file with credit reference agencies are filed in accordance with guidance issued by the Information Commissioner's Office. The term "default" on credit reference files is used to refer to the situation when the relationship between lender and borrower has broken down".

 

I don't know how to answer this. Is there anything I can do or am I stuck with this default on my credit file now? The letter they sent me was quite aggressive and they sent me a "true copy" of my unsigned credit agreement. I didn't actually ask for this but they must be so used to being asked for them!

 

I don't dispute I opened an account with them but I really do feel this default is unfair. If they don't serve a person with a notice how can they register it with the credit agencies?

 

If anyone has got any advice, I would be very grateful. I just hope there is something I can do, but I'm a bit (well a lot!) out of my depth here! Thank you.

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what is the date of the defult in the summary of the debt?

 

as such, they are correct.

 

they probably reported the account as late payment for a period of 6mts [1,2,3,4,5,6,[8]]

 

when an account gets to 6, typically the cra system marks it as [8] default status.

 

so in effect, they might not have sent a DN.

 

now you mention PENALTY charges [£12 fees for late/over/letter/phonecall]

 

IF you can PROVE the account balance was solely due to their penalty charges

 

reclaim those & the 'markers' must be removed.

 

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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Hi DX, thank you for your your reply. I think I must have been confused, I thought you had to have been served with a default notice for a default notice to be registered at the credit reference agencies, but I see what you mean now.

 

The default is down as registered on September 2008 (and yes, it is a row of 8's). I have just noticed now though that it is in name of Cabot Financial although it is JD Williams who say I owed them the money.

 

The default was for £201.00 and the penalty charges of £12.00 (although they are marked as administration charges) total £96.00. The balance was the amount of one item that I did not receive. All these £12.00 charges were put on after the item I didn't receive was put on, I'd never had a charge on the account up until then and the account was pretty much paid off.

 

I'm sorry to be so clueless but what should I do now? Write to JD Williams and ask for the charges to be given back and then ask for the default to be removed also? As it is due to be gone by September 2014 I don't want to make the situation worse by having it re-registered or something.

 

It's scary the power these companies have over you because in this case I would pay the whole lot (even though I honestly never received the goods) just to have my credit file back to normal again because of my mortgage. That doesn't seem right really...

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paying does not removed the markers

 

pop your PENALTY charges into this spread

 

use THEIR int rate in cell D 15

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.

 

CISheet v101.xls

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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