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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

Alliance & Leicester - Unsecured loan Legal Action


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Hi All,

 

I had two loans with A&L from 2005 - 2009.

The second consolidating the first,

where my payment record was good.

 

In 2008/9 I struggled with work and defaulted payments.

 

In no time, I had a CCJ and charging order on my home.

It was an unsecured loan so I really didn't think a Charging order could be obtained... Wrong.

 

Recently, I have noticed the effects of the CCJ trying to apply for a job!

This has motivated me to look again at the situation and seek what I can do about it now?

 

Shoosmiths acted on behalf of A&L and

I attend the county court but didn't offer a real defence to be fair and

since the CCJ I have been making regular reduced payments.

 

Having recently received a recent loan statement,

I realize I actually owe a couple of thousand more than than I did in 2009,

thanks to accumulated interest etc.

 

I can't see how this can be correct.

In the first instance, I would state that I had payment protection insurance,

without really realizing how to or when I could claim and of course the insurance broker never offered to tell me!

 

Now, I'm older and wiser, I wanted to see if I could redress the balance in my favour

in any way and if I could construe an argument in the form of the following:

 

Getting the CCJ over turned based on, missed sold PPI. i.e. If I had correct PPI,

I would have maintained payments, therefore no CCJ. No CCJ, S hoosmiths could not have obtained a charging order! Logic...

 

Finally,

can I apply to re-credit the interest I have been charged back to the loan account?

I thought interested should have been frozen following the CCJ

and agreement to buy, which I have paid without missing a single payment for 4 -5 years

 

Is anyone up for the challenge? I can give most of the info. Credit agreements, correspondence etc, just ask

 

From a £5K loan, I now owe over £14K and can't think about moving home because the equity will go to A&L.

Not to mention, during the same period of hardship,

my job seekers allowance was paid into my A&L account

and I couldn't even withdraw anything because,

they had it all because I was overdrawn...

 

So, please please, get in touch with some ideas.

No rush on this one, just progress would be great.

I think first step to SAR for both loans and get a figure to reclaim the useless PPI,

then move from there.

 

Help really appreciated

 

Thank you in advance

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Moved to your own thread Justso.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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was post judgemental interest mentioned on the CCJ then?

 

 

you should ONLY be paying the figure in the judgementbox

 

 

as for the PPI

 

 

get reclaiming!!

 

 

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 DX,

 

Im not totally sure. The Judement for claimant form I have, simply states:

 

The court has therefore decided the rate which you should pay. You must pay the Claimant £14,xxx.xx for the debt and interest to the date of judgement and £xxx.xx for costs. You must pay the claimant the total of £14,xxx.xx forthwith
The interim charging order applied for by Shoosmiths states the court orders that

1. The interest of the judgement debtor (my name) in the asset described in the schedule below stand charged with payment of £14,xxx.xx together with any further interest becoming due and the costs of the application.

 

I suppose I have answered my own question, but It really seems Shoosmiths just seen me coming and I never had representation because I never understood the implications.

 

It appears the Judgement was for me to pay the full amount, not in installments, one payment. I obviously couldn't so the charging order was given including the interest!!!

 

What can I do about it now, if anything?

 

If I reclaim the PPI, will it envoke A&L to demand full payment?

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PPI is a separate issue although it could be offset against the debt amount.

 

If the CCJ and Charging Order are from 2009 then there is very little you can do to remove them now.

 

What instalments could you afford to make?

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Hi Ganymede

 

Without being to personal, I don't have a great paying job now, and neither do I have much in the way of savings. To realistically pay off this in a reasonable time, say 6 years, I would have to pay in the region of £300 a month, a bit to much for my budget. The original loan repayments was £330 for £5K, over 5 years, but my circumstances were different when I took out the loan.

 

To maintain that amount, I would have to forsake a lot of everyday things for a long time.

 

You maybe right about not being able to do anything about the CCJ and Charging order now, but historically things can be changed and back dated! PPI for instance, or Wonga to mention todays news! So I got to believe there maybe options!

 

However, if the general consensus from members of the forum is nothing can be done, then I would at least like to claim back the PPI to reduce the overall debt. It hasn't helped cover repayments!!!

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You went to a trial and lost though didn't you?

 

You appeal, you do not apply to set aside. You're 5 years too late to appeal as well I'm afraid.

 

It may not be the news you were hoping for but it's the reality of your situation.

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Ganymede

 

Thanks for your response. Yes, I went to court, but I had no idea at the time, stupid I know, but I was in a very difficult situation. I really wish I had found this site back then :| and yes, leaving it for 5 years may appear to be very irresponsible, but let's just say I've had my eyes closed for far to long and now I want to take control of my finances again.

 

Moving forward, I need to find a way how to make this debt manageable and get rid of the charging order.

 

How do I set about appealing and do something about the interest? The amount I owe, has actually risen year on year!

 

I'm also trying to find out how the debt was so big to begin with...

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a ccj of 5yrs and a co no chance sadly

 

 

no its nothing like ppi or Wonga.

 

 

these benefits that went on charges?

if its from nov 2009, then bcobs

 

 

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
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