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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
    • FAW counts Red Flag limousines, used by China's communist party leaders, among its products. View the full article
    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
    • never get a cca for a debt of that age when was the last payment date?   dx  
    • i have shrunk the uploads earlier as they exceeded in total your upload limit try now in pdf.   BTW: the file a few posts up renamed burlington comms is very damning for them they knew they had done wrong having just read it.   now this subject needs addressing and sorting. where has all your available income been going for the last 12mts...why has this debt not been paid and why did you resort to even taking out an LBL in 1st place..usually its as a result of shear desperation and financial mismanagement as you could not get money elsewhere ...why ?   this debt is a priority ...2nd to everything other that what keeps a roof over your head like mortgage , rent. CTAX. gas/electric.   mobile phone/sky/broadband/credit cards/OD's/catalogue debts or accounts and anything else you payout for needs to be either cancelled or dropped to <£5PCM..they can't do anything to your roof or your car.   spill the beans..why were you in such a whole in 2018 that you ever had to goto these sharks and expose yourself to this grief..          
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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
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MBNA Debt - With Aktiv Kapital - HELP!!


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Hello All,

 

I posted some time ago about some potential debt issues and was advised to get my current credit report and then post in the corresponding forum for that debt. I have done that, and now I really need to know how to solve it. ANY help would be greatly appreciated!

 

Basically, I have four things on my credit file which are defaulted and I need to get rid of one way or another. One of them is MBNA.

 

Credit Card from MBNA - with Aktiv Kapital

  • Current Balance £17xx
  • Default/Delinquent Balance £22xx
  • Default Date 11/2009
  • Opening Date 03/2007

 

I need to clear my credit file and really start rebuilding properly. What is the best way to do this and get rid of this & sort it out finally? I have a steady job now and in a better position to sort this out.

 

Any help is greatly appreciated - thank you so much.

Edited by itsallover
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ok next step is get an sar off to MBNA and get all the statements

 

lets look for PENALT charges & PPI.

 

as it stands here...

the whole debt will vanish off the file on the defaults 6th birthday

does not mean its not then owed, but that's the bottom line.

 

paying this debt off, will not, in most cases

result in it clearing or improving your rating any quicker.

 

there are some debt owners that will remove the default upon a F&F offer

AK is not usually one of them.

 

get the info 1st via sar

lets see what cards we are playing with first

 

have you ever sent AK a CCA request?

 

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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ok next step is get an sar off to MBNA and get all the statements

 

lets look for PENALT charges & PPI.

 

as it stands here...

the whole debt will vanish off the file on the defaults 6th birthday

does not mean its not then owed, but that's the bottom line.

 

paying this debt off, will not, in most cases

result in it clearing or improving your rating any quicker.

 

there are some debt owners that will remove the default upon a F&F offer

AK is not usually one of them.

 

get the info 1st via sar

lets see what cards we are playing with first

 

have you ever sent AK a CCA request?

 

dx

 

I have not sent them an SAR or CCA request.

 

I am prepared to do either if it helps. Which is best to send first, or should I send both at the same time?

 

Many thanks,

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get them done

 

ak cca don't sign it

 

mbna sar sign it

 

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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