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    • My personal view is that if you break down the work into various parts and treat each one is a breach of contract then each claim would refer to different set of facts. However, I take the point you're making. In terms of tracking down his assets – I'm afraid the only thing I can suggest which I think I've already suggested above is that you get the addresses of any properties fees associated with and run them through the land registry website and see what that brings. There is a small fee for each search. If you find that all of the properties are in the names of his wife or other relatives, and I think that you had better understand that you are dealing with somebody who knows their way round, and is very calculating about what they do and how they can avoid liabilities. Do you have any kind of bank details for him? You might be able to get an order against his bank account – assuming that it is still live. At the very least, if you wanted to cause a bit of discomfort then if you tried running a few very small claims simply to get judgements which would then remain unsatisfied and which would at least impact is credit file. Not a very nice way to go about things – but but at least it's another way of bringing some pressure to bear. It's too late now but I think that you may be didn't embark on this in the best way. I would certainly wanted to see his insurance documents and also to contact the insurers to begin with to make sure that they would cover these kinds of problems – although as I have said, I don't expect they would have done.
    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
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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.
       
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BEWARE FAKE REFUND CHEQUES from CAPITA Debt Collections


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Today received a FAKE £50 refund cheque *apparently* from sainsburys bank regarding a debt I had way back when.

They have no idea I live here now as the debt was incurred in another part of the country.

 

The cheque appears to come from sainsburys and is a goodwill gesture because they overcharged in debt fees.

Its suggest they have asked Direct Collections to credit my outstanding debt account

and have themselves sent me this £50 cheque as a goodwill gesture.

Its pure fabrication and no doubt highly illegal too.

I have had no contact with anyone since leaving previous address.

 

No doubt you try to cash the fake cheque and they know you exist where they think you are now

when they receive notice of the failed deposit or if you use the contact details therein.

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If you could PDF that upload MaverickUK2014 (then we can see it) :wink:

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So how did they get the chq to you if they have no idea where you live?

 

Why is the chq fake?

 

Is this not just compo for illegal charges way back when?

 

They will know you exist anyway, no need for you to not bank the chq because of that. A simple credit chq would confirm that.

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I don't think Sainsburys would lend their name to a scheme like this and if it was done without their

express permission whomever did it would find themselves in court pretty damn quick.

 

Regards to all

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Does not make any sense. Why not issue a £10 cheque ? If it is fake, then the Banks receiving them to cash in, will not be very happy.

 

If it is real, when the cheque is cashed, it would go back to the issuing Bank who would then have the full details of the account it was paid into. Could be a way of finding out a debtors bank account info.

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They are not fake. I think Sainsburys has been refunding some charges recently, I have seen a few threads about this elsewhere.

I honestly dont think there s any issue, even then if you cash it then, you wont have anything happen?

 

They cant abuse the system like Conniff said. Seriously take a step back and look at what youve written. If youve had that back take it :)

 

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It wont be fake pr they would end up in a criminal court. Your bank is not allowed to hand over your account details, just say that it has been cashed. The issuer cant even get a court order to obtain the details.

What it really means is that they owe you more money than this and this is all they can be bothered to do to calculate how much is actually owed, ie: pluck a number from the air

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Morning all, First time Poster ..

 

Same as the opening post, i received exactly the same letter this mornnig from capita relating to a loan i had with sainsburys back in 2002, offerig me a £50 refund on charges.

 

i stupidly took a loan out while going through a messy divorce and then ended up in rehab for drug and alcohol addiction after 2o years working as a pencil neck scrote in the city( halcyon days..)..i havent had any contact with sainsburys since oct 2006 re the loan, as ive moved address at least four times since 2006. havent a clue how they have my address but i would have thought that as ive had no contact with them for nearly ten years the debt would be statue barred?.

 

now back with my life on track being a house housband and keeping my nose clean. this is the last thing i need. im not going to bank it but will return it with unknown at this address as this sounds as dodgy as a fifteen pound note , legaly speaking and susoect practice.

 

any advice appreciated , apoligies if i went on a bit.

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thanks mate, i havent made a payment since sept/oct 2006 when things went really pear shaped , and i havent had any personal contact in the form of letters or telephone calls with sainsburys since that date either. it was for an unsecured loan.

 

thanks again.

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Unless there is already a ccj on it, then there is absolutely nothing that can be done except write and ask nicely.

 

If they think this is a way of you admitting the debt and bringing it back to life, then they are wrong, it doesn't matter if you write to them saying you do and wave a pound note in front of them saying 'come and get it', there is still nothing they can do legally to make you pay.

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Hmmm if someone was offering me money out of thin air, I would be asking why.

 

If it was a Bank, Id be saying, Why does me accepting this £50 help them?

 

Then I would be thinking that If i accepted this it might be a full and final settlement of something. What if the £50 does not take into account everything they should be paying back.

 

for £10 I would be doing a full subject access request. If there are charges there is also prob interest charged on those charges. Something that often gets forgotten about. What if that £50 is actually worth £500?

 

I do not like giving the banks free money

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You're not labouring the point, that's what we are here for.

 

You can check on http://www.trustonline.org.uk/index.php/search-yourself which checks the court service (£4) or by looking at one of the credit reference agency (£2 by post), but it only remains on both for 6 years.

 

So it will have had to have been within the last six years to show up.

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Thanks very much, i feel a bit better now. not very nice this morning to have to rake up the past and get terrible anxiety all over again from that period of my life.

 

i will follow your advice to find out if there's a ccj

 

thanks again.

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As it has been said, they are probaly doing this to try and purge themselves of any real responsibility to a large number of people and save themselves a lot of effort for a little amount of cash . If you have the paperwork you could probably ask them for a lot more if you paid charges and fees but it isnt a trick to prove a debt, it is avoiding a bigger bill by simple means.

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thanks erics brother, i havent got the original paperwork , things were a bit hazy around ten years ago due to my mental and physical health..

 

a of water under the bridge since then. i think the loan was for about £10,000 and i do remember before things went south , that after paying the loan for about 4 years (2002-2006) at about £200-£250 per month , i had paid about 50p of the total or something ridiculous .

 

im probably just being cynical, but i find it odd after all these years i should get a letter out of the blue like the opening poster at the same time. i did wonder if capita are justlaunching/ trying a new ploy to chase debts which are in this case nearly ten years old since last payment/contact.

 

a big thank you to this forum for your advice as im utterly clueless in fiscal matters.

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  • 2 weeks later...

I received the £50 cheque on the 11th June 2015, suspicious, never cashed, today (28/07/15) I received a letter from Capita asking me to please cash the cheque. They are now demanding that I accept their money ? Mine was Bank of Scotland related, though I've never had a debt with them. Mike

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These cheques are very likely compensation for not doing something they should or doing something they shouldn't have. Almost certainly it will have been agreed with the Financial Conduct authority. So cash the cheques.

 

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Can you post up the letter asking you to cash the cheque and the one where they're demanding you cash it

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..

 

 

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I received the £50 cheque on the 11th June 2015, suspicious, never cashed, today (28/07/15) I received a letter from Capita asking me to please cash the cheque. They are now demanding that I accept their money ? Mine was Bank of Scotland related, though I've never had a debt with them. Mike

You dont need to have had any debt, it is for misselling you PPI or a bundled account and is designed to compensate you for your losses without haveing to calculate what they were. I have said that apart from an administrative convenience I think they are doing it to force a settlement at a lower amount to save them money where no claim has yet been made.

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