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    • Thank you Andyorch, I was confused for a moment there, I started to search for the section I needed from the CCA.... then I realised you meant you had tweaked it. Tired eyes! I will leave it all for tonight, and go back over everything in the morning with a fresh mind and set of eyes.
    • Okay thanks....just a slight tweak on your point 4...its important to state which section of the CCA1974 and to let them know that until compliance...they cant enforce.   Rest is fine.   Andy
    • Thank you for that Andyorch, I had originally abbreviated the particulars, I have now corrected them to match exactly what is written on the claim form.   Particulars of Claim   1. The claim is for the sum of £1016.54 due by defendant under an agreement regulated by Consumer Credit Act 1974 for a Vanquis account with an account reference of XXX.   2. The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been compiled with.   3.The debt legally assigned to the claimant on 23-09-19, notice of which has been given to the defendant.   4. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £81.32.   The claimant claims the sum of £1097.86   Defence   The defendant contends that the Particulars of Claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on the CPRr16.5(3) in relation to any allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. Paragraph 2 is noted, although I do not recall ever receiving a default notice, or notice of arrears, pursuant to section 87(1) CCA 1974.   3. Paragraph 3 is noted, again, I do not recall ever receiving this notice pursuant to section 136 of the law of property Act 1925.   4. On receipt of the claim form the defendant sent for on 26/03/2021 via royal mail a request pursuant to sec78 of the Credit Consumer Act 1974  a copy of this agreement. The claimant has failed to respond and therefore in default of the request is unable to enforce the alleged agreement until its compliance.   5. On receipt of the claim form, the defendant sent a CPR13'14 request on 26/03/2021 via royal mail. An acknowledgment was received, but no documents have been received.    6. It is therefore not accepted with regards to the defendant owing any monies to the claimant and the claimant is put to strict proof to;    a) Show the defendant has entered an agreement, and b) Show how the defendant has reached the amount claimed for, and c) Show or evidence service of a default notice/notice of sums of arrears d) Show how the claimant has the legal right, either under statute or equity to issue claim   By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed of any relief.    
    • I've unapproved your previous post  lookinforinfo ......   Andy
    • You are right. I am so sorry. Well done for putting me right. I do not know what I was thinking of when I posted that. 
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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I have not long join this forum, I think it is brilliant, and very informative.

Could I just request that the space for putting threads is very narrow,

and it does make it rather difficult if a contributor wishes to write a lengthy article.

Thanks sorry to be a pain in the neck.

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I have not long join this forum, I think it is brilliant, and very informative.

Could I just request that the space for putting threads is very narrow,

and it does make it rather difficult if a contributor wishes to write a lengthy article.

Thanks sorry to be a pain in the neck.

 

Hi,

Not sure what you mean but if it is that the box you type in doesn't give you enough room, that is incorrect. You can put as much as you like. I don't know if there is a maximum as I have posted lenghty posts and never reached it

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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if you mean the title box

well that's because it wont be read as it will be off the screen if more than about 25 #chrs

 

 

use a shorter title/

 

 

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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I have not long join this forum, .

 

 

You joined in July 2012 ?

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