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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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That is an excellent defence statement. Thank you very much. Just one concern. During the harrasment period i did offer Aktiv Kapital a settlement figure which they rejected on more than one occasion. Will this casue any problems ?

 

Can you please post up your settlement offer(s), word for word minus all personal details, such offers to settle ought not to cause you any problems, but, I need the full details of the same before I can comment/advise as to your position in this matter in the light of said settlement offers.

 

Come back on the above as soon as you can - roger, over.

 

Kind regards

 

The Mould

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Can you please post up your settlement offer(s), word for word minus all personal details, such offers to settle ought not to cause you any problems, but, I need the full details of the same before I can comment/advise as to your position in this matter in the light of said settlement offers.

 

Come back on the above as soon as you can - roger, over.

 

Kind regards

 

The Mould

 

Remember, the brief Defence that I drafted for you at short notice, is a holding Defence and you must now undertake the research involved and set out the case law in your witness statement and skeleton argument if this matter should proceed to trial. Do not sit back and relax just yet, do your homework on s.61 CCA 1974, ect. ect.

 

Kind regards

 

The Mould

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Freemason

 

Can you please confirm that you are now on the case as regards research/study that you must undertake and also please post up any new developments in this matter without any delay.

 

 

Kind regards

 

The Mould

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  • 2 months later...

Hi Everyone

 

I have received correspondence from the court (CCBC) that the case is now a defended claim and will be heard at my local court.

 

However the court has asked if I want to proceed to mediation prior to court action. The claimant has already said yes to this. I have also said yes.

 

How should I approach the mediation process. As a note the claimant has not provided any of the documentation that I had requested.

 

any desperate for help.

 

Thanks

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  • 1 month later...

Hi Everyone and Mould,I just today recieved correspondence from the local county court. The case has been allocated to a small claims track.I have previous;ly recieved correspondence from the court asking if i wished to go for mediation to which i have agreed though have not heard anything from the mediation team.I have until 26th March submit any documents that i will rely on in court.The claimant has also sent me whole of of documents:1. Copy of credit agreement2. Copies of credit card statementsCopies of correspondecne between aktiv capital and myself4. notice of default5. Notice of assignment.Aktiv capital have not however sent me the breakdown of all contact they have had with me (phone convos etc).What do you advise me to do now.

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  • 3 weeks later...

Hi People, I have 2 weeks in which to finalise by defence to this case. I cant get help anywhere else. Despite my offers to settle the debt the claimant wants to take me court. What can i do to persuade them to accept my offer. MBNA and aktiv kapitla had at one point offered me a figure of £3200 to settle. I have offered them £2500 even though this is still difficult for me. They wont accept it. So far they have sent me the following documentation.: 1. Copy of credit agreement 2. Copies of credit card statements 3. Copies of correspondecne between aktiv capital and myself 4. notice of default 5. Notice of assignment. Please help im desperate and dont really want to go to court and have an attachement of earnings charge etc.

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  • 4 weeks later...

Hi Guys really need help.

 

I post about my problem previously but the responses stopped.

 

Summary is below:

 

MBNA CCA 2005

Paid monthly amounts till April 2012

couldnt pay thereafter total amount was £6938

MBNA offered 3300 to settle but i didnt have the money

Aktiv kapital claim to have bought the debt.

They also offered 3300 to settle but i only had 2500 but they refused to negotiate.

They are now taking me to court.

 

I have submitted a defence the the Mould helped me prepare.

 

They have sent me some docs:

 

default notice

CCA

statements

Notice of assignment(this is letter from AK and not from MBNA)

 

I own my own home and am employed.

 

What can i do?

 

I spoke to a solicitor who said the judge is likely to side with AK and cant force AK to accept a lower offer.

 

I fear that they will put a charge on my house.

 

Please help

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Was the CCA compliant? They would need the original CCA plus all terms and conditions at inception, any changes, and at termination. Not to mention the full agreement.

 

You can show your finances to the court and ask them to make an order for a repayment plan based on your finances. The charge MIGHT get added as security, but as long as you keep up to date with repayments, then the charge will be removed when the debt is paid off.

 

Alsom, you need to be questioning why they have offered to settle for half the owed amount. It might simply be nothing at all, but a lot of the time with AK, it's because they dont hold the right paperwork, or the debt is full of charges, and they want you to pay before you realise it.

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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Scan it, edit out personal info and post it up in PDF format. If its unreadable, then its not compliant.

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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You need to convert it to PDF and upload it.

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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Is that all you recieved? If so, then it is not a compliant CCA and as such they couldnt enforce it in court, hence the massive discount. They could still get the CCJ against you, but they couldnt enforce it. Of course, its all down to the judge at the end of day, but theres little chance it would be enforced and AK know this. Also, this solicitor you went to, really needs retraining.

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 you need some specific help here. They shouldnt be able to enforce this debt as there is no compliant CCA. They are hoping you dont know this and are pushing their luck by taking it to court. I bet they even try and say they offered you a discount so its fairer to you. That is misleading the court.

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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Sit tight and someone will help you with that.

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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Threads merged ...please do not start new threads on the matter.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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If you dont get responses and it drops down the forum just bump your post and it will bring it back to the top.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Its not valid because you cant even read it....illegible is all you need to state.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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