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    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
    • Nothing has been served since mediation. However when you read it it seems that they are to service it on me rather than prove the served it. There is also to time constraint on the order.    I've uploaded it redacted.  IMG_8644.pdf
    • Has the claimant served any documents on you as per the order of 2018 since mediation? 
    • Dates 19 Jan 2021   Rang the court, they said it was delayed and not transferred to them locally until last year and then Lowell chased them to process it and continue.  However I am really puzzled as if it went to court, should I not have received a Directions Form to complete?
    • Yes dx100uk. They are a management company (took over from Barratt Homes).  Their Debt Collectors are PDC.    The payments are for service charges to Firstport.  Now PDC want all the outstanding money,  plus fees. 
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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

Cabot/Mortimer claimform - Vanquis Card 'debt'***Claim Discontinued***


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scan it up

follow the upload

put ALL the pix in a word doc 1st [multipage]

 

 

as for the rest as post 48

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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Here is the document.

 

The following bits contain inaccurate information, which would be provided on application

 

Marital Status

Time in employment

Employment type

Job Title

Postcode

 

Middle name

 

The amount they are claiming, I believe is incorrect. The original letter they sent stated around £100 less.

 

Hope this info helps.

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That's toilet paper

 

Where the t&c's??

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 there

 

 

Just a thought but does the date at the top of the application paperwork match the date they state on the POC as the date that the application was supposed to have been taken out (22/07/2009) ?

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scan up the T&C's please

 

 

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

Here are the T&C photographed.

 

Obviously the claim is currently stayed as they never responded, plus I never received the alleged this paperwork until 3 months after the request was made. The screen print of the application was printed in July 2015, so taken them 7 weeks to send it to me!

 

Many thanks

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Spotted the deliberate mistake yet.....

 

How can they send you t&c from a date after you took the card out?

One page is 10/09

The rest 12/09?

 

Bog paper like the the online agreement

 

Is that the best they can do

From their filing cabinet of old stuff used to try and con the court!!

 

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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Hey i am in the same boat, i took out my card in jan 11 and my case was stayed, for the documents side they sent me the 02/10 T&C's, these are predated at least 13 months before i took out the card, you can read all about it here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447938-Cabot-Optima-Scottish-Small-Claims-Summons-Form-1a-2011-Vanquis-Card-debt/page2

 

I believe we have to write to them spotting the differences in the application and T&C's, as in mine there are two mistakes in the application, specifically the T&C's and my income, as for the T&C's there is lot of information which is missing. Giving them seven days to provide the correct paperwork, any thoughts on this??

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nope you don't do anything.

 

if they want to proceed you use these errors to your advantage.

 

the next move is the claimants/pursuer not yours.

 

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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Dx out of curiosity,

what happens to the documents they have agreed to provide in front of the court like other notices and agreements, PPI,

when our case comes for a hearing when they have not provided them?

 

 

what do you think the judge will view it as?

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best to keep to your own thread.

 

 

but if the judge specifically order a list of documents to ne produce

naming each one

then you point out to the judge this has not happened.

 

 

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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Thanks for spotting the error. Tbh I never noticed. I suppose a judge would take a dim view of this type of thing. Now this would become statue barred in approx 2 months. What happens regarding that?

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claimform stalls the SB clock

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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Ok. So when would the clock start ticking and would it put the x amount of months back on it?

 

Thanks

 

If the claim is discontinued or the claim was dismissed.

 

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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  • 4 weeks later...

Hi,

Now a month on and it is silent. I am unsure about if there are time limits for them to reactivate the claim or it is automatically dismissed/discontinued.

 

Can anybody shed any light on this please?

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Once you submit your defence, the claimant has 28 days (I think) to notify the court of their intentions, otherwise the claim becomes stayed (put on hold). They'll then have to pay a fee to un-stay it.

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And claims can be stayed months/years....so just forget it until/if you hear anything from the court.

 

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

 

If you want advice on your Topic please PM me a link to your thread

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  • 5 months later...

Excellent...it means the court process has finished.No it does not mean its statute barred Unless it was before thy issued the claim..to become statute barred there must be a period of 6 years without payment or acknolwdgement (5 in Scotland)

 

Well done on the result though...I will amend your thread title to reflect the outcome.

 

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

 

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

 

If you want advice on your Topic please PM me a link to your thread

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Thank you :) Does the clock restart as of now then? and can they sell it on for somebody else to try their luck?

 

Thanks guys for all your help with this :)

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AFAIK the clock simply stalled from the date of the claimform, till the date it was disc'd.

 

 

yes they can do what they like.

but the letter of disc'd speaks volumes

keep it safe

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

Yes the clock resumes...yes they can sell it on again...but you now know the procedure.:-)

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

 

If you want advice on your Topic please PM me a link to your thread

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