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    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
    • Hello and welcome to CAG.   People will be along later to advise you, please bear with us until they're able to get here.   In the meantime, I suggest you edit your attachment because you've left your name on it. Please check it carefully and remove anything that can identify you.   HB
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£60k secured loan - Picture>Picture Finance Ltd>Target>Webb, now IDEM.


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Hi

 

I would like to send a letter to my loan company offering them an increased payment monthly to clear off the arrears on my account.

 

 

I have completed a budget sheet and will include this with my letter.

 

Is there a template I can use, or can someone help me with the wording please.

 

 

I have received default notices and i think the lender is taking legal action and looking to repossess.

 

 

I want to stop this if possible please.

 

Thanks.

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  • 5 months later...

I have a huge secured loan with Picture.

I cannot recall ever having received a statement from them.

 

 

I owe almost 3K in arrears and still have approx 40K left to pay on the loan

(I have been paying £800 per month for 5 years now)

 

Should I be receiving statements or at least something to show me how much I am paying to the debt,

and how much i am paying as interest, etc?

 

 

I know I can write to them, but the last time I did this,

all they sent me was a redemption figure which seemed to me to be excessive.

 

I recently wrote to them asking for all the information they hold SAR,

and they sent me a disc with scanned copies of the loan agreement a

nd letters and emails that had passed back and forth between us.

 

 

Also included were a few internal emails form one dept to another

asking if they would be likely to get the outstanding amount owed if they went for repossession.

 

I'm about at the end of my tether with this loan.

 

 

.I don't know if I can survive for another 5 years since my wages have just been frozen for 3 years,

 

 

but the cost of day to day living keeps rising.

 

 

I have aged 20 years in the past 5 and I probably won't even live long enough to see the end of this loan in 5 years :(

 

 

Sorry for the whinging...not feeling too good today.

Edited by sgianthebard
spelling errors
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Don't be too down-hearted about the no reply situation.

 

 

The forums are more active at the week-ends usually.

 

 

To answer your question, if you sent them a SAR, then they should have provided you with a statement

along with all the stuff they did give you, as it pertains to you.

 

 

If you didn't receive a statement, then the SAR is incomplete.

 

 

I read somewhere that companies that you have financial agreements with must provide statements at least once a year.

 

For example, Lowlife's put on their 'statements', that they have an obligation to send statements annually,

(they quote 2006 amendments to the Consumer Credit Act).

 

If this is for unsecured debt, then I would presume that the same would apply with a secured one.

 

I hope this helps answer your question.

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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  • 1 month later...

Thanks Acerbic.

 

 

Seems like the SAR is incomplete then as it didn't include statements.

 

 

All I did receive, in fact, was a CD with a password to access the data on it.

 

 

Data consisted of scanned copies of the loan agreement,

letters I had written to Picture,

and a couple of internal memos asking each other if they were likely to have success if hey pursued repossession.

 

This all sounds dodgy as hell to me but I don't know what to do about it...

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Hi there

 

I have a similar problem

....selling our house due to serious debt,

got a settlement figure for our secured loan which is 12k more than we took out,

even though we have paid 24k off in the last 4 years!!

 

 

I posted my thread on the Barclays forum as that is who the loan is with

and I got a really good reply which allerted me to the fact that I have NEVER received a statement for this loan!!

 

 

It's a nightmare, we are selling the house to pay this loan off and to start again...now we won't have much money left!

 

 

I have just got off the phone from Barclays and they have said that as the loan was taken out in 2007 they don't have to send out statements...only loans from 2008!

 

 

I have also filed a complaint with them about being missold PPI....hopefully at least I will get that back.

 

 

I am not sure if my post has been helpful to you, but at least you know you are not alone....I will let you know how I get on.

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  • 3 years later...
I've just checked my credit file using Noddle and I can see no record of a secured loan I have (it's in default and arrears) appearing there.

 

What does this mean?

 

Whoever the loan is with are not reporting it to Noodle, better checking with Experian or Equifax.

Not all lenders report to all 3 CRA's.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 4 weeks later...

To cut a long story short:

 

10 years ago, I took out a joint loan for £60,000 with my (at the time) wife with Picture, secured on our home.

 

Since taking out the loan, financial problems (including a divorce) have caused me to accumulate arrears on the loan.

 

The loan has moved from Picture>Picture Finance Ltd>Target>Webb>IDEM.

 

IDEM have now issued a default notice saying I have £20,000 arrears and still owe £38,000 on the loan.

 

The loan term was due to end December this year.

 

I have requested, and received SAR from IDEM and now have a copy of the original agreement and all statements since the loan inception.

 

Interest plus charges have continue to accrue as I missed payments, and mathematically, it looks like I do owe the sums claimed.

 

Do I have a next step other than go to court and plead for mercy and a payment plan?

 

(there is no PPI and claiming back the charges is not my immediate concern)

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  • 3 months later...

Keeping this as short as possible at the moment. I can go into further detail about tackling this in a different way on a different thread.

 

Before I look at possible other options, can I get opinions on the following please:

 

 

10 years ago, I took out a secured loan with Picture for £60k to be paid back over 120 months.

The apr was 6.9%.

I have calculated that the total to be paid back at that rate would be £79,221

 

I have missed payments and accrued charges and additional interest.

 

 

A letter I received from IDEM told me that although I have paid almost £80k on this loan, I still owe over £36k

 

I have now received a calling up notice.

 

I want to make a f&f and I think that as I have already paid more than the total due, an additional £36,000 is unreasonable.

 

 

I know that because of missed payments, extra interest will have accrued, but what would be a reasonable f&f that the courts might agree to?

 

Thanks

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can you not put in a claim for all the fixed sum arrears charges

and any other fixed 'penalty' charges

 

 

letter

missed/late payments

phone calls

debt management.

 

 

etc etc

 

 

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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Yes dx, I could claim for all the fixed sum arrears charges and any other fixed penalty charges. But if I'm going to try to negotiate a reasonable settlement with them, it might be better to tackle this (initially) in a way that is not combative.

 

That's why I'm asking if anyone has an opinion on whether this method will be a better way to go than to dive straight in claiming back charges etc.

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and get short changed probably

 

 

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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Why not dive in. They seem to have no issues doing it to you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Because diving in claiming back charges will not look good in the eyes of the court if this company declines my offer of a f&f.

 

 

I have to make it clear to the court (in the event that it goes there) that I have tried my best to negotiate reasonably with them to settle this.

Then it is THEY who will get harsh words from the court for not being reasonable.

 

If I go at them for charges etc then in the court's eyes I will have approached them in a hostile manner and the company can them claim to be the reasonable victims.

 

I have been going to the courts and sitting in the public area watching how much of a difference it makes

when one side is seen as trying to be reasonable compared to being hostile.

 

 

I can tell you for a matter of fact that the demeanour of the claimant and defendant

and the manner in which they have conducted themselves in negotiations has far more weight in the court's decisions than any point of law.

 

 

Decisions are always at the discretion of the court, and even citing a precedent will not get you a better result. Sad, but true.

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who says reclaiming is unreasonable

 

 

I would view it as the correct thing to do.

 

 

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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Claiming unreasonable charges back is never seen as unreasonable. Also getting that ball rolling may make them more willing to discuss a F&F that is more palatable to you.

It is easier to enter a rich man than for a camel to pass a needle

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I am fully aware that I can claim back charges. That is not the issue I was asking opinions on:

I can go into further detail about tackling this in a different way on a different thread.

 

Before I look at possible other options, can I get opinions on the following please:

 

I'm looking for opinions on this:

10 years ago, I took out a secured loan with Picture for £60k to be paid back over 120 months.

The apr was 6.9%.

I have calculated that the total to be paid back at that rate would be £79,221

 

I have missed payments and accrued charges and additional interest.

 

 

A letter I received from IDEM told me that although I have paid almost £80k on this loan, I still owe over £36k

 

I have now received a calling up notice.

 

I want to make a f&f and I think that as I have already paid more than the total due, an additional £36,000 is unreasonable.

 

 

I know that because of missed payments, extra interest will have accrued, but what would be a reasonable f&f that the courts might agree to?

 

If I want opinions/advice on claiming charges back, I will ask for that, but for the moment I wish to concentrate on the above please.

 

Thank You for your input which I do appreciate, and apologies if I sound brusque, but I did explain all of this in a previous post.

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  • 3 weeks later...

I sent a letter explaining the reasons for the arrears and I made a F&F offer. It has been rejected. The company want me to fill out an income/expenditure form to see what affordable repayments can be made.

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  • 5 months later...

UPDATE:

 

I am now in a position to offer all (or almost all) of the arrears on this account.

I can start to make the regular monthly payments once I have cleared the arrears

, and the loan term will expire in December this year.

 

However, due to the arrears,

IDEM have continued to charge interest and will say that I still owe them about £20,000.

Some of this (a VERY small portion) will be charges which are possibly able to be claimed back)

, but the main part is interest on the outstanding loan piling up due to the arrears.

 

Now, I recall reading somewhere that the courts will not issue a repossession order on interest or charges, only on arrears.

So if I clear my arrears, and don't accrue any more until the loan term is complete,

is my house safe from repossession?

 

 

Thanks

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IDEM are a dca who is 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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to be honest something has to be wrong here somewhere

 

 

why would someone sell a £60k loan on?

 

 

is the charge still showing?

 

 

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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