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    • Yes, you've successfully defended the action, which means that Link will have to produce a Witness Statement and have the gonads to see you in court.   They can't just get a default judgement.
    • Hi Andy Yes, its a question of what the court will enforce. the section 98 and 76 terminations are none default terminations. It is unlikely a court would give the creditor a judgement if they did not offer some kind of arrangement in the first instance. They did permit the overdraft.   You are right in saying it is not as cut and dried as in say a running account agreement where there was an agreed repayment schedule on the terminated agreement.    
    • One little thought that may help alleviate that pressure. Remember that, after you've filed your Tax Return, you have 12 months (to 31 Jan 2022) to re-open/amend it, claim any more expenses overlooked - or fix any other errors - and re-submit the corrected Return online. So long as your re-submission does NOT trigger additional tax/N.I. bills then the re-submission itself won't cause any fines or penalties. Get the Return filed as accurately as you can, and pay whatever tax/N.I. is due, by the end of this month THEN, if necessary, reopen the Return to amend/re-submit asap after that. Good luck with it all.
    • This could well be a Letter Before Action.  Please redact your personal details and then upload it.
    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
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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

Elderly father with large credit card debts due to gambling - worried about mother's position


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My father is now quite elderly and unwell.

 

He has gambled heavily for many years and has run up large credit card debts.

 

We don't know quite how large, but he has a number of cards and only pays off the minimum.

 

He is still gambling and I don't think he will stop.

 

My mother is very worried about what will happen should he pre-decease her.

 

The house is in joint ownership and the mortgage has been paid off.

 

We aren't really sure whether she would have to pay his credit card/gambling debts

and whether the house would form part of his estate, or pass directly to her.

 

We are wondering whether it would be sensible to try to put the house in her name only, should my father agree.

 

A possible complication is that the bank appear to have lost the house deeds.

 

I would be grateful for any authoritative advice.

 

I've read a few forum threads here and elsewhere, but I'm still not at all clear what the legal position is.

 

I know I'd certainly want to fight any judgement against my mother,

because she has worked hard all her life and constantly saved to try to safeguard herself.

 

Also I feel the credit card companies have acted irresponsibly,

allowing my father to borrow more and more,

when they must know very well that the borrowings are going straight to the bookmakers.

 

Thank you.

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even if they do get any judgements

 

it would only be a restriction,

 

no enforcement of sale.

 

changing the house to her sole name I think has a time limit attached to it

whereby within that time

his creditors could still get a restriction

 

not too sure, think its 3 or 7yrs?

 

irresponsible lending

 

might play a part here yes

 

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 concerned

 

Has your father been mis-sold PPI? that he can claim back with interest, 6 years plus, or has he had credit card charges added to his account again which he can claim back with interest, 6 years plus.

 

Numbers 1 and 2 in my signature.

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Hi Concernedson100

 

Do you know if your parents own their property as “joint tenants” or “tenants in common”?

 

If as “joint tenants” which is the most common/usual way then should your father predecease your mother the property would pass into her sole ownership, it would not form part of his estate and your late father’s creditors would have no claim on it.

 

This link may be worth a look

 

http://www.nidirect.gov.uk/dealing-with-a-deceased-persons-money-and-property

 

Nosnibor

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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