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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Hi All,

 

Apologies if I am repeating a previous thread but I am after some urgent advice.

 

I have 4 DCA's that I was dealing with through a DMC. I have a lump sum available and have stopped using the DMC now and have been talking with the DCA's directly, I have came to agreements of partial settlements with 2 of them but as of yet I haven't paid anything to them.

 

I have been reading these forums and realise what I should have done is send a CCA request to them all before arranging partial settlements. My question is what happens if it turns out they have no legal right to collect my debt, the debts are no longer on my credit file. Can I simply refuse to pay them and write the debt off?

 

Thank you in advance,

Mike

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If the debts aren't on credit file and the DCA's do not have legal right to collect money from you then do you have to pay?

 

I am in a situation where I was on a DMP and I have come off that now, I have discussed partial settlements with DCA companies but realise I should have requested CCA agreement first before talking about partial settlements with them.

 

Where do I stand with this?

 

Cheers,

Mike

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there is no point in doing a PS

 

it does not help you at all

 

esp if the debt IS NOT

on your CRA file

 

it is not harming you.

 

I question you wisdom here

 

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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While we dont condone debt avoidance, Im more inclined to say if it doesnt appear on your credit profile then dont bother. The benefits to you are none... Apart from having a DCA off your back.

DX is right but also im inclined to agree about your wisdom here

 

We could do with some help from you.

 

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Thanks for the replies,

in regards to my wisdom I am just keen to ensure that I am doing things properly

without meanin to come across naively.

 

The debts aren't large

all of them less than £500 apart from one.

 

 

If either of you was in my position what would you do?

 

 

Is it worth sending a CCA request?

 

 

I don't want to get to a situation where the DCA orders a CCJ against me

/sends bailiffs out but at the same time

 

 

I am not sure if they would go that far for debts that aren't worth that much.

 

Please advise.

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For sure they wont be able to send bailiffs unless they have first issued a claim, they win their case and you fail to settle the judgment debt.

 

Are these debts all pre 2007

Were there any charges applied

Was there any PPI attached.

 

I think the fact that you have been making payments via a DMC and you have also requested a settlement amount, might mean that they will pursue if you dont pay.

 

Do you have any assets, your own home, ferrari, etc ?

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bailiffs?

 

 

DCA's are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

pers I'd be sending each one a CCA request

 

 

as long as they are not for bank account 'debts'

 

 

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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If these debts are off your credit file and you do want to pay them a small full and final may save you money in the long run. However if there is no ccj and they are pre 2007 I would be inclined to send a cca request first.

 

 

Just a request to any mods, if a post is moved can you set up a redirect . I saw the question tagged onto an old thread

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no way of doing that with an individual post

that gets moved to the OP's existing thread

 

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

No bank account debts, 3 loans and a credit card, no ppi attached and as far as I am aware no charges. Some maybe pre 2007, some may not but what is the importance of that?

 

Amounts £780, £600, £390 and £180 round about. I don't have any assets apart from a car.

 

I am just keen to find out the best way of dealing with this, based on these comments it seems I would be best advised to send a CCA request to them?

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yep CCA time then.

 

when were your last payments to these?

 

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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I've literally just come off my DMP,

paid off the debts on my credit file in the past week.

 

I think my last payment to the 4 DCA's was about 4 - 6 weeks ago so it's fairly fresh.

 

I have spoken to two of them this week about partial settlements

but before I took it any further I wanted advice which in hindsight I should have done the other way around.

 

It was the attitude of the DCA's that led me to seek advice

 

I could tell from speaking to them it was a bit farcical,

 

some young kid on the phone trying to close me for any partial settlement he/she could,

I could tell a mile off they were on some sort of commission.

 

How much will the fact I have recently been in contact with them affect how likely it is they will pursue me?

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not a lot

the fact will be the payments

 

that acks the debt in a way

 

but without an enforceable credit agreement

 

they'll be stuffed

 

I would think they've already made what they paid for the debt anyhow.

 

sadly like 100'000's of other people

you got spoofed by the web they weave and their mates at that DMC too.

 

whom as always NEVER carryout any legality checks

just want their cut.

 

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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  • 2 weeks later...

Hi,

 

I have sent off the CCA requests, all but Moorcroft have said that they have sent off for them and it takes 40 days to receive them.

 

Moorcroft instructed me to send my CCA request directly to my creditor which I have but

 

in addition to this Moorcroft keep ringing me because obviously they haven't received a payment from me.

 

Shall I just ignore them and cease contact or advise them that I have sent the CCA request to the original creditor

 

and I won't be dealing with them until that is resolved?

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how did Moorcroft tell you to send them to their client?

 

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

who are moorcrofts client

 

they wont be the owners

 

poss send them the failure to comply to the CCA request letter

 

unless THEY suppy you with a copy of the CCA

they can be ignored

 

its NOT for YOu to do THEIR JOB.

 

they should have gotten the CCA not you.

 

dx

 

 

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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I am very wary of the concept of partial settlements, never done it myself but past threads abound where the DCA settled then simply sells the balance to another DCA to then chase you for it.

 

If you went that road you would need it in writing that they would't do that and even then some might try it on. DO NOT expect honesty or integrity from a DCA or you will be let down for sure.

 

David

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  • 2 weeks later...

Hi,

 

Blair, Oliver & Scott have forwarded my CCA request to Halifax

who have written to me to tell me they do not have a valid account number for me to trace my account

and can I provide information such as Full address, name, DOB and date account opened if I do not have the account number, which I don't.

 

5 days later they have sent me what looks to be a automatically generated letter chasing me for payment for the account

that I sent the CCA request for which they said they couldn't trace.

 

What would you advise to do here?

 

This debt is not on my credit file and is worth a few hundred pounds.

 

I am reluctant to provide them with anything more than they have,

to me it seems like they're being lazy or something more sinister is going on and they're trying to trip me up.

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you are learning

 

DCA's and their fake/tame solicitor will pull anytrick

to try and spoof you into payment.

 

if whomever want money out of you

cant produce an enforceablr agreement, then they are stuffed.

 

even if Halifax produce a CCA , it you that have asked for it not them.

 

pers i'd be ignoring them

 

unless/until THEY produce the CCA.

 

if Halifax do so to you, you don't tell them!

 

the only thing you don't ignore is legal paperwork like an SD or a claimform.

 

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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if they are unable to find any account details, what have they been assigning your payments to? also it would be very difficult to bring an account to court if they don't even have an account number to match against your details.

 

 

give them nowt, tell them less, as said previously the CCA process is set in statute, it is the cornerstone of their entire industry, if they really don't know how it works, then maybe they should consider another career.

 

 

Once you've sent the CCA requests, they have three options,

 

 

a. get you the document you have a legal right to have (from them)

b. tell you that they don't have it, or can't find it

c. return the account from whence it came and leave you alone until the document is found, or until the debt becomes statute barred

Hope this helps

 

 

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  • 2 weeks later...

Moorcroft have today sent somebody to my house although I wasn't in.

 

It is for a debt I have with Halifax where by I have sent Halifax a CCA request and they haven't replied.

 

I had originally sent my CCA request to Moorcroft who informed me that I would need to send it on to Halifax.

 

Is there a standard template letter I can send to Moorcroft you can recommend to me to stop them from coming out

and pursuing me until the CCA request is sent to me from Halifax.

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Is there a standard template letter I can send to Moorcroft you can recommend to me to stop them from coming out

and pursuing me until the CCA request is sent to me from Halifax.

 

Yes you can amend this one to suit...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387366-Harassment-amp-Threat-of-Doorstep-Visit-(update-21.04.2014)

 

Moorcroft will be collecting on behalf of Halifax and as you know by now you do not have to deal with Moorcroft in any shape or form.

 

All the time your CCA request is outstanding then there can be no enforcement via the courts.

 

A DCA acting on behalf of someone else is impotent.

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