Jump to content



  • Tweets

  • Posts

    • Hi Slick   I am not as experienced as you is there any thing in sar that i can identify. It does not state £2.5k debt in sar. It mentions new add ons.
    • So long story short.   I had a number of re-occurring loans with Unclebuck, I made a complaint in regards to my latest one back in 2019, got to an agreement to remove default markings and charges etc and just pay the principal. Didn't pay the outstanding amount due to personal reasons, being put on Furlough was one of them.   Saw that Unclebuck went into administration, made a redress application a couple of weeks ago, got awarded £807 for previous loans (not the latest one). So I contacted the administration to confirm they would pay the redress amount towards my outstanding balance, but they said they cannot do so?   How is that fair? I get they they can't pay me any cash, but surely they should be able to write off the current outstanding amount, it has to work both ways right? This was the latest response I got, so far no reply from their solicitor yet.   "Whilst I note your comments concerning your desire to set off Redress due in respect of unaffordable loans against your current loan that was not eligible for Redress, unfortunately the Administration precludes the position of set off until the Administrator makes a declaration under Rule 14.29 of the Insolvency Rules 2016. This declaration has not been made by the Administrators and will not be made as there is no distribution or intended dividend to be made to creditors in this particular Administration. Whilst I sympathise with your position, you will appreciate that the Administrators are governed by statute and cannot contract out of it.   I promise to speak to our solicitors to see if there is any room for manoeuvre on this matter and will come back to you afterwards, however I feel that it is unlikely. As you will appreciate making an exception for you may open the Administrators to claims from other customers in a similar position to yourself and indeed from other customers that do not have the benefit of another loan to set their Redress off against."   And to further add to it, I got an email today saying they transferred the loan to a collection field agency "Conexus Recovery and Field Services Ltd "  
    • Airline group IAG's call comes as it posts a huge annual loss after the pandemic grounded many flights. View the full article
    • Well as you're implying, UB, you're going to sign a better trade deal with a large economic bloc than with a small one, aren't you?   I don't think there's any chance of any deal based on a 'special relationship' while Biden's in the White House, but as I said I think Trump would have stitched us up in the end anyway.
    • Atleast 7 years, but they have already done some of the work. I think Liam Fox started this a few years ago.   My guess is that it will take 3 to 4 years before a proper trade deal is signed. There might be a mini trade deal before then limited to a few sectors.   The issue for the Brexit supporters might be when the EU and US sign a trade deal, before there is a UK/US deal. And when this finally happens UK only obtains same deal as EU. There is no reason for US to agree better terms with the UK and they would not do so  because US sees UK as part of Europe.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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

Please note that this topic has not had any new posts for the last 2502 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

So, they are claiming that breaching the DPA is now a necessity to stop you from shoplifting in the future? Dont forget, they are nothing but a small company making money out of rather misleading and certainly unprovable claims regarding their effieiency at crime prevention. Perhaps they ought to fund a university researcher to look at the subject more dispassionately

Link to post
Share on other sites
  • Replies 210
  • Created
  • Last Reply

Top Posters In This Topic

When will Jackie realise that she has NOTHING to do with the legal system and certainly has no authority to breach the DPA in order to stop a person from shoplifting.

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

Link to post
Share on other sites
When will Jackie realise that she has NOTHING to do with the legal system and certainly has no authority to breach the DPA in order to stop a person from shoplifting.
Possibly after she has received a restraining order or a claim for damages following the breach ... ?
Link to post
Share on other sites

That wont stop her. Read the judgement from the oxford case in 2012. Even though the judge was clear, she still tries to say he was wrong and the judgement was flawed. Even though she had no basis for a claim, and the basis she used was very shaky indeed. http://www.lossprevention.co.uk/Court%20Cases.aspx

 

have a read of that. its laughable.

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

Link to post
Share on other sites
Even though she had no basis for a claim, and the basis she used was very shaky indeed.

 

Reference to the Aerospace V Thames Water case. Found this page of interest: http://addleshawgoddard.net/view.asp?content_id=2785&parent_id=2781 (the full transcript can be found: http://www.bailii.org/ew/cases/EWCA/Civ/2007/3.html)

 

 

The Court of Appeal formulated a three point test:

  • In order to succeed with its claim, a claimant must adduce all the evidence that it could reasonably adduce to show the extent of the diversion of staff;
  • Further, the claimant must establish that the diversion of staff caused significant disruption to its business;
  • If the first two elements can be established, it is reasonable for the court to infer that, had the staff not been diverted from their usual activities, they would have directly or indirectly generated revenue for the claimant in an amount at least equal to the cost of employing them during that time.

Previous cases had left doubt about how to make the link between staff costs and lost profit. The Court of Appeal's formulation confirms the position in R + V Versicherung and clarifies what is to be proved for a claimant to make a successful claim for wasted staff costs.

 

Security staff are employed specifically for duties relating to security (the clue is in the job title),

consequently, they do not contribute to profit of the business.

The cost of employing security staff is an operating cost deducted from the profit margins.

To claim that security staff had been diverted from their normal duties is disingenuous at best.

 

Para. 86 of the above transcript is the most salient section

- Perhaps Jackie would like to bring a copy along with her and demonstrate in what capacity security staff contribute to the profit of a retail business.

She may want to take qualified legal advice first.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.
Link to post
Share on other sites

Basically this was the third letter.

 

We write with reference to the above matter and further to previous correspondence.

 

We have recently been aware of your postings on the Consumer Action Forum Group, in which you admit your actions at our clients premises, but do not understand why our client seeks civil recompense from you.

 

As you will recall, we have urged you from the outset to seek legal advice on this matter. seek legal and proper advice or from someone who qualified.

 

Thier clients claim is a civil claim for damages for compensation for its losses. it is entirely seperate from any proceedings in criminal law, criminal law is to convict where a civil one is to place the injured party in the position it would be in had it been for your wrongful act.

 

the monetary resolution that you paid to the police officer in attendance was in conclusion of seperate criminal proceedings only to arising out of this matter.

 

if you contacted us to advise us of the above criminal outcome, we would of negotiated with our clients instructions to an amicable civil matter which could of included a token of payment and/or a written apology.

 

Despite what you have been advised our client is commited to the negation of an amicable settlement, without information from you, we are unable to to advise our client of any representation that you wish to make, to prevent court proceedings being necessary.

 

From not hearing from you, our clients account of the incident may be relied upon accurate account and will be retrained for 6 years.

If we do not hear from you within the next 14 days with information regrading this matter we will be sought on commencement of formal proceedings, or the file will be passed to a specialist company which recovers DEBTS and UNDISPUTED claims for damages.

Link to post
Share on other sites

Today i got another letter from them.

 

After failing to respond to our correspondence, we can only reasonably conclude that you have no intention of settling our client's claim against you.

 

In absence of settlement, or a Defence, we advise that the full value of the claim remains outstanding.

 

We now have to advise you that the file is ready to be transferred to our recovery agent, which specialises in seeking payment undisputed claims for damages, and for debt.

 

We therefore put you on notice of our intention to transfer the matter without further notification to you, if we do not hear from you within the next 21 days.

 

In order to prevent the matter transferred, contact our collections department to:

 

SETTLE THE CLAIM

 

ARRANGE AN INSTALLMENT PLAN

 

ADVISE OF ANY POTENTIAL DISPUTE

 

ADVISE OF ANY MITIGATING FACTORS YOU WISH TO BE CONSIDERED

 

Failing to contact us will result in the transfer of the matter without any further reference to you/

Link to post
Share on other sites

oh so they are going to send a doorstepper?

 

I like the way she continually uses the 'big important words like:

 

claim

defence

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

Does she say what she wants to hear from you?

 

I can think of a few words that could be said or you could send the doorstep letter..then she would be screwed as she had heard from you . I know I am playing games so you could add something like

 

Further to letter dated XXXXXX where you state that if you didn't hear from me you would transfer the account .

As I have contacted you I assume that such an honest and reputable company as yourselves will be true to your word and keep the matter in house

Any opinion I give is from personal experience .

Link to post
Share on other sites
Does she say what she wants to hear from you?

 

I can think of a few words that could be said or you could send the doorstep letter..then she would be screwed as she had heard from you . I know I am playing games so you could add something like

 

Further to letter dated XXXXXX where you state that if you didn't hear from me you would transfer the account .

As I have contacted you I assume that such an honest and reputable company as yourselves will be true to your word and keep the matter in house

 

No. Just say if we do not hear from you within the next 21 days. Will.that work?

Link to post
Share on other sites

Ignore her silly prattle. She has absolutely NO right to send those letters with that content and has no right whatsoever to tell you where you can get legal advice.

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

Link to post
Share on other sites

IMHO you need to stop playing letter tennis. All that needs to be done is to send 1 letter to her denying liability. Then bin or return to sender any other junkmail she sends you.

 

Im waiting for the day she sends these letters to someone, and that person takes formal legal action against her and her company. It's going to happen sooner or later. Its just a matter of time.

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

Link to post
Share on other sites
Ignore her silly prattle. She has absolutely NO right to send those letters with that content and has no right whatsoever to tell you where you can get legal advice.

 

 

Which letter? The one i got today? I knoe she cant. So will there be doorsteppers at my door seeing its being transferred to another recovery place?.

Link to post
Share on other sites
IMHO you need to stop playing letter tennis. All that needs to be done is to send 1 letter to her denying liability. Then bin or return to sender any other junkmail she sends you.

 

Im waiting for the day she sends these letters to someone, and that person takes formal legal action against her and her company. It's going to happen sooner or later. Its just a matter of time.

 

 

What is IMHO? so basically all i need to write is "deny all libility to you" and that be it?

Link to post
Share on other sites
We now have to advise you that the file is ready to be transferred to our recovery agent, which specialises in seeking payment undisputed claims for damages, and for debt.

 

Ergo, send a simple one line letter:

 

I deny any liability towards yourself or any other person in relation to this matter. No debt exists, either imaginary or genuine.

 

If/when a letter from a DCA appears, ignore, or respond in the same manner.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.
Link to post
Share on other sites

after all this time

 

I would not be sending her anything.

 

they can keep sending you poke-in-the-dark letters

trying to make you respond.

 

but you've already does that when the police officer

told you to put that money in the charity book/box.

 

lookingback on the whole thing

 

i'm actually quite concerned about that action.

 

unless you pay £xx to their named charity, i'm going to give you a FPN?

 

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

I was playing silly beggars

To be honest I would wait until you hear from who ever they pass it to and tell them to go away.

Any opinion I give is from personal experience .

Link to post
Share on other sites

Just read Dx's comment about the charity donation and I was and am still very concerned about that. It sounds to me like blackmail which I know is a very ugly word but thats what it sounds like. They are also banking on you being to scared to make a complaint

Any opinion I give is from personal experience .

Link to post
Share on other sites

I would send the one liner denying liability to them or their clients. Then they can't legitimately pass this on to a DCA (which is what they are really saying that they will do as their next step)

Link to post
Share on other sites

A fine is when the police give you a caution and fine you.

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

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...