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    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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

SabreSheep Vs Natwest + Moorcroft / ** Satisfactory Conclusion **


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That is very poor administration isn't it :(

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yup. The other case is running smoothly. A cynic in me smells a rat lol

 

Just hope Natwest do not mistake these 2 orders as a sign im wobbling. They would be sadly mistaken

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Order received today

 

1) Claim allocated to SCT

2a) Case referred to Mediation Service

b) Parties must co-operate and respond to Mediator

c) Mediator to respond to court in writing the outcome and/or progress of the mediation by 4pm 13th October

d) i) Having consiered papers in the case the court beleives case is suitable for mnediation......

d) ii) To accept offer of mediation both parties should contact HMCTS within 7 days of this order

 

3) The parties are encouraged always to try and settle the case by negotiation. They are also encouraged to contact each other with a view to trying to settle the case or narrow the issues. Court must be informed immediatly if the case is settled.

4) Hearing fee refunded in full is the court receives notcie in writing at least 7 days before the hearing date that the case is settled or discontinued.

5) On conclusion of the mediation process the parties shall each file proposed directions.

 

-------------------------------------------

 

So bearing in mind 3) Any suggestions ?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi SS,

 

Not sure what you mean about item 3.

 

But item 2. d(ii) says you should contact HMCTS to accept the offer of mediation.

 

:-)

We could do with some help from you

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Hi SS,

 

Not sure what you mean about item 3.

 

But item 2. d(ii) says you should contact HMCTS to accept the offer of mediation.

 

:-)

 

 

I have twice now accepted mediation :)

 

As for narrowing the issues do you think I should request the banks costs for each breach in order to try and narrow the issues?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi SS,

 

I think you should contact the court as required and confirm (again) that you are willing to go through mediation.

 

Let the mediator lead the way the process should proceed.

 

:-)

We could do with some help from you

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Responding to your PM

 

 

We now have a new sticky in the Legal Forums ...ADR Alternative Dispute Resolution.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)(1-Viewing)-nbsp

 

Regards

 

Andy

We could do with some help from you.

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Thanks Slick.

 

After I phones the Mediation team I also sent them a email reconfirming my contact details and desire to mediate. Also attached my scanned copy of the N180 that had got lost. So as far as mediation goes ive complied so far.

 

Thanks Andy, will have a look at the thread.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 3 weeks later...

Mediation appointment 3rd Nov.

 

As for my subject access request - despite them saying they were processing it now (it was delayed due to human error) 3 weeks on it still has not arrived.

 

Worth a complaint to the ICO?

 

As for my complaints against NW for 1) Not informing me they referred my account to Moorcroft - They say Triton sent a letter but they can find no trace and it does not matter anyway.

 

No mention on the fact that they denied to Moorcroft that there was legal action in progress BUT have now recalled the account.

 

Is that worth a comaplint to the FCA /FOS and if so any advice on wording?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Is that, your SAR has been delayed for 3 weeks longer than the 40 statutory calendar days, Sabre ? If so, then yes, a complaint to the Information commissioner is a good idea.

 

 

 

As for my complaints against NW for 1) Not informing me they referred my account to Moorcroft - They say Triton sent a letter but they can find no trace and it does not matter anyway.

 

No mention on the fact that they denied to Moorcroft that there was legal action in progress BUT have now recalled the account.

 

 

As for the above, I am not sure what would be best done about that. So what they are saying is.. that they can confirm that Triton sent a letter advising the account had been assigned but do not have a record of it by way of copy letter (unlikely they would have one) or a record on the communication log ?

 

Why do they consider it to be an irrelevant point ?

 

As for denying to Moorcroft that litigation was in place, that is misleading. Whether or not the FOS would do anything is another matter :(

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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CitB

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Complaint lodged with ICO re SAR

 

Compalint Lodged with FCA re Natwest and Moorcroft.

 

Left to do: Complaint re Natwest to FOS for their behavior in denying court action was happening to Moorcroft

 

PLUS side

 

Account has formally been recalled from Moorcroft

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 3 weeks later...

Ok doing prep for the mediation on the 3rd. Thought Id start with their defense and work out the issues. According to them;

 

1) I am to prove clauses that the charges were taken under.

2) Which Charges were taken and under which Clause

3) I have to prove why they are disproportionatly High

4) Why are they unfair terms under 1(E) Sch 2

5) They claim that the above is not relivent as they are payment for services and therefore not to be judged by fairness

6) Why I am claiming relief form statute of limitations, they claim not to understand the relivence of 32(1) ©

7) They do not understand the relivence of Sepra Metals case. I have to Plead why this is relivent.

 

Some of the above is easy. I can refer them to the CCA request they complied with which answers Question 1)

2) iS dealt via way of statements, the spreadsheet and the cca response.

4) I believe this is in reference to CURRENT ACCOUNTS and not in fact CREDIT CARDS like this.

3 5 6 ) I just have to understand the cases and argue forthwith.

 

Comments?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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ICO is writing to Natwest to forward my complaint re Failed SAR

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Ok result of Mediation : Unsuccessful

 

They have refused to accept that the charges are unlawful

 

They say the burden of proof is on me to prove they are unlawful

 

They did offer to wipe my balance to zero as a commercial decision but refused to pay the further £2000 interest in restitution.

 

So How do I make sure the burden of proof is on them to prove their costs vs the charges if they keep refusing to give me those costs? HELP :D

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi SS,

 

You must now decide if you want to proceed with the claim.

 

The court bundle will deal with the evidence that you need to produce to show that the penalty charges are unlawful.

 

Were you given Court Directions as to how to proceed should Mediation fail.

 

:-)

We could do with some help from you

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HI SS

 

I will proceed with the claim.

 

The court directions were for mediation to occur and for us to write to each other to try and narrow the differences and for the mediation team to report back.

 

NW are saying I have to prove the charges are disproportionate. How do I prove that if they will not reveal their costs. They are saying the burden of proof is on me..

The only way to do that would be for them to reveal their costs.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi SS,

 

You should hear from the court with further Directions after the failed Mediation. If you've not heard from them within 2 weeks, call to see what happens next.

 

The Basic Court Bundle includes information about the likely costs that a bank may incur in dealing with a customer's failed payment. You'll ask the bank to disclose the breakdown of their costs in dealing with your transgression as part of the litigation.

 

Their failure to do this will hopefully be useful in winning your case.

 

:-)

We could do with some help from you

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OK as advised by the court on tuesday I sent a letter to the court saying mediation had failed and re submitted my proposed directions noting that the defendent objected to myself and the court soley on the basis that we had both agreed to mediation and should give it a go first and then submit draft directions. This was served on the defendent as well.

 

Today A letter arrived special delivery. Contents of which cannot at this point be divulged. I am liking its contents :) More in due course IF I can

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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well done

 

 

great result.

 

 

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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Excellent news - will amend thread to reflect a satisfactory outcome :)

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi SS,

 

Confidentiality Clause so you can say no more ?? I assume the bank has settled in full including charges and compound interest on top, probably.

 

In which case, my hearty congratulations (probably) !! :-D

 

:-)

Edited by slick132
typo

We could do with some help from you

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