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    • like you dont reply at all what the debt looks like a loan  who was the oc? is it on your credit file? what is the defaulted date?   i will guess you've already sent a CCA request etc? why if it wasn't a letter of claim did you ever bother responding?   then we'll get this off to it's own topic as you quite rightly say its off topic and shouldn't be in this thread   dx  
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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
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Erudio - Sent me my slc CCA - now Court Claim


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hi Will because it states the deferment processing from that date on the statement, thats what it normally says when a deferment is applied to the account? Dx100uk did you see something different as to last reference to deferment? the only thing i can see in their letters to me is that my last deferment was 2008

 

Thanks DX100uk and thanks Andy, unfortunately the DN upload missed the top of the page when i scanned it, the one from erudio application to the courts shows 13 oct 2016, is this the one you are referring to as my posts are different to yours? presuming this is the one you are referring to from my post 123 on wednesday 12.44

 

Please see rescanned DN

Scannable Document on 4 Dec 2020 at 13_12_42.png.pdf

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hi guys so just opened my post and thankfully no rubber stamp! Hearing date march 2021, documents to be submitted electronically   Andy much obliged for this, again thank you guys for the su

So ready to post this defence. Having looked at what you wrote for the other thread:   ----------------------------------- 1 The Claimant's claim was issued on (insert date).  2 T

15 minutes ago, patterns said:

hi Will because it states the deferment processing from that date on the statement, thats what it normally says when a deferment is applied to the account?

 

It might be worth finding out exactly what date you deferred your loan from in 2013. If you look at the statement, it shows the same entry on 10th May 2013. And if you check the document you posted in #137, it shows a very blurred statement showing the same entry on a date in 2014. All three entries state 'Deferral - Repayment Due Processing'.

Edited by Will Goodfellow
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Thanks DX100uk and thanks Andy, unfortunately the DN upload missed the top of the page when i scanned it, the one from erudio application to the courts shows 13 oct 2016, is this the one you are referring to as my posts are different to yours? presuming this is the one you are referring to from my post 123 on wednesday 12.44

 

:sad: dam

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1 minute ago, Andyorch said:

 

:sad: dam

Yep massive dam, i was excited for a moment

How about this? If they state my last deferment was Oct 2008 then that was my last deferment?

I cant see anywhere else where it states my last deferment was otherwise

 

 

Scannable Document on 4 Dec 2020 at 13_12_42.png.pdf

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thats better 

so we do have a DN date now.

 

but the sentence for your org defence of:

 

3.The Default Notice was issued dd/mm/yyyy and served several months/years after the initial breach thus the cause of action delayed by X months + years and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

.......

 

should cover that..

 

and i'm not 100% sure a debt buyer can even issue a DN either, esp one that gives a longer than 14 days remedy time,

 

i think this is more relevant than normal cases, as SLC as far as i'm aware still manage the admin of these loans even though they have been sold on, as your access to their online portal is left active and people still today send their SLC deferment forms direct to SLC via it and pay via it...even though the debt has been sold.

 

 

 

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 indeed DX100 i read about that and i continued to follow protocol allowed in regards to defement which by their own admission continually ignored for multiple years

 

You think i should add this about the debt buyer being able to issue a DN or leave as is? i can only see 3rd party websitees stating only a lender can issue a DN but not anything direct

 

hoping to post this today as im aware im already a bit late but hoping the current climate and recent lockdown will permit some leniancy

Edited by patterns
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87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

(c)to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

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Make the changes as advised in my post # 153 and then we can tweak it further if needs be.

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Possibly......anyway yes that's okay up to point 4 :-D  I will be tweaking thereon 

 

Just an important note about the DN and a DCA issuing it......in this instance the debt was only deferred so the original creditor had never issued a DN . Its very rare this happens and to some extent what DX states is true ...its very rare a DCA can or would be able to issue a DN as 99.9% of debts are already terminated by the OC at assignment. 

 

.

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I suppose we still dont have a date or anything further from the court as to when this will be determined ?

 

I wont be able to draft your statement until Monday at the earliest.

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No indeed but i think you advised to send it asap regardless?

 

Thats understandable thank you again a few days wont matter hopefully. They made application 11 nov 2020 so im outside the 7 days you mentioned, but it fell in lockdown so hoping there is some flexibility with this due to the current climate

 

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Erudio has evidence that your loan was still being deferred in 2014, it's on the statment which was sent to you. Regarding the default notice being delayed until 2016, Erudio could argue that as you submitted CCA requests and information under 31.4, raised a complaint and disputed the debt, it couldn't issue a default under Section 78 of the CCA. Once it had complied, a default notice was then issued.

 

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement

 

Which is why the interest was frozen.

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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

 

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

 

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how about a cheeky dig at... if the last deferment was stated by them as 2008..is this not now SB'd?

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 guys so just opened my post and thankfully no rubber stamp! Hearing date march 2021, documents to be submitted electronically

 

Andy much obliged for this, again thank you guys for the support and donation made

 

Presuming to await erudio electronic bundle before i submmit anything further? shall i upload all documents received by CC?

Edited by patterns
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Nothing else to come.....there is no bundle in this type of application....but yes please upload the latest Court Order for reference.

 

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

 

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

 

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