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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
      • 33 replies

Co-op Current account/Personal Loan merged upon default.


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Ouch written acknowledgment... This is a toughie here. If there has been written acknowledgement then it COULD restart the SB clock.

 

I'm not sure... Check with the FOS, ask them not to send this letter to LOWELL...

The first letter i sent to the FOS didn't include any written acknowledgement. I then emailed the FOS, i have not put in writing i had a current account with them. Only to the FOS over the phone.

 

Why wouldn't they send it though. Bit tricky. I looked at old statements provided by Lowell, and last payment is June 2009.

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  • 11 months later...

So lowell have found me at my new address and started their standard letters shortly before xmas, and its like nothing has happened.

I'm ignoring the letters for a little while. Do i send them the "Letter to solicitors threatening legal action / in default of agreement request" letter?

I don't really want to inform them that the paperwork they supplied is for an old paid loan

 

Any advice is greatly appreciated.

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October 2009: The co-op didn't receive an income and expenditure form from Payplan and sent you a letter giving notice of your account being terminated.

 

tough the debt they are chasing is now statute barred.

 

 

ignore them

please don't start the letter tennis again.

 

 

if they are stupid enough to issue a claim

the SB defence will kill it dead.

 

 

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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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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Share on other sites
October 2009: The co-op didn't receive an income and expenditure form from Payplan and sent you a letter giving notice of your account being terminated.

 

tough the debt they are chasing is now statute barred.

 

 

ignore them

please don't start the letter tennis again.

 

 

if they are stupid enough to issue a claim

the SB defence will kill it dead.

 

 

dx

In the statement off FOS it said that further payment of £150 odd were covered by Wescott after the account being terminated. I looked at tmy bank statements online earlier, and the last payment to go to Wescott was May 2011.

 

Regarding that post, ive had a a read. The bit ive singled out is:

 

there is the possibility that the account-holder may be allowed to overdraw on the current account without a pre-arranged overdraft or exceed a pre-arranged overdraft limit, and

 

(b)if the account-holder did so, this would be a regulated consumer credit agreement.

 

So are we saying that them merging the loan with the O/D has created a whole new account?

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I don't think it was merged.

 

I suspect as my link indicates it was 2 sep accounts, one a loan, one the bank account

co-op simply used the same numbers. with diff prefixes.

 

all of my paperwork points to that.

 

may 2011 leaves a bit of a gap to SB date

 

but if they were stupid enough to issue a claim

i'm sure we could counter it.

 

pers i'd keep quiet.

 

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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Share on other sites
I don't think it was merged.

 

 

I suspect as my link indicates it was 2 sep accounts, one a loan, one the bank account

co-op simply used the same numbers. with diff prefixes.

 

 

all of my paperwork points to that.

 

 

may 2011 leaves a bit of a gap to SB date

 

 

but if they were stupid enough to issue a claim

i'm sure we could counter it.

 

 

pers i'd keep quiet.

 

 

dx

 

So what do you advise, just let the letters roll in and act if it gets serious?

They have issued no paperwork for the current account or that loan in question. Only old bank statements and a CCA for a loan that was paid in full.

IIRC its the same account number as the current account but with 2 extra digits on the end.

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yes that's correct

the co-op loans were the sortcode then account number then 2 extra digits

in the format below

 

sortcode [6] account number[8] then 2 random digits.

 

on the statements it shows...

 

sortcode

12-34-56

 

Account Number

12345678 12

 

on the left under your account name?

 

if so they are loan statements.

so they need a signed agreement to enforce

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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yes that's correct

the co-op loans were the sortcode then account number then 2 extra digits

in the format below

 

sortcode [6] account number[8] then 2 random digits.

 

on the statements it shows...

 

sortcode

12-34-56

 

Account Number

12345678 12

 

on the left under your account name?

 

if so they are loan statements.

so they need a signed agreement to enforce

No, the statements they served up were current account statements. Proper ones that you'd recieve in the post.

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so were the same format as above but didn't have the 2 extra digits after the account number

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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Share on other sites
so were the same format as above but didn't have the 2 extra digits after the account number

Thats correct.

The statements they sent match the account number they want the money for, inc the 2 extra digits.

The credit agreement they sent however, the 2 extra numbers are different.

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so you must have had 2 personal loans then

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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Share on other sites
so you must have had 2 personal loans then

I had several loans with them over the years (all repaid) however the final loan i couldn't repay due to loss of job.

Each of the the loans were the same account numbers as the current account plus 2 extra numbers.

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yes we know all that

already told you several times

 

 

so the statement s are for one of your loans

so

they require a signed agreement.

to enforce 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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  • 4 weeks later...

I will expect a letter from them tomorrow as they now seem to come every 2 weeks.

 

The credit application they sent, was for a loan that i've settled many years ago.

Do i let them know this?

 

I wrote to them in 2014 and let them know that the paperwork they sent had no relevance.

 

 

They went quiet for 18 months til now.

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me thinks they are trying to instigate letter tennis and spoof you.

 

 

I think if this ever got near a court, it would be quite easy to prove what they are sendin

does not cover a current account.

which is wha their claim is for...

 

 

just the stupid dca trying to spoof you by providing 'some sort'

of paperwork in an attempt to dupe into thinking the loan agreement, also covers

the current account it was merged into and you thus now owe it.

 

 

pers i'd sit on your hands now

 

 

until/unless they issue a claimform.

 

 

sadly I think that the letter tennis that's already been entered into

has been the cause of this 2 years of ping pong.

 

 

might have been better to have done nowt

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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