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    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
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    • 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
    • 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
      • 33 replies

MMF contacting me again after repaying debt - Resolved


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Motormouth removed a shed load of defaults in April, i had 2

 

I believe they got one hell of a slap by the ICO

 

They were recording default status when they purchased the accounts, not when the original creditor defaulted them

 

They were recording my pay day loans as student loans

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Kinda makes sense then Fkofilee and obiter.... never knew that obiter, thax both... Still no reply from e mail I sent, guess will take days eh.... will post when/if hear more from them, back to reading this 18 page report to check all okay....

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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UP DATE.... received E Mail timed 17.26 from MMF

 

 

Thank you for your email. Please accept our apologies, your account Is closed and no further contact will be made. should you require further information please do not hesitate to contact me. from Danielle Shearman Risk and Compliance Manager Motormile Finance UK Ltd......

 

 

Cheers all.....

Edited by shywazz
correct spelling

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Really glad I keep ALL correspondence, otherwise I would have had NO proof of there letters from years ago showing full and final paid.... e mail printed as no dough might be needed at some point... cheers

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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MMF are still actually quite bad, but have certainly stirred away from their old persistent practices... Wonder if them expanding and bringing in Denise Crossley changed that

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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  • 9 months later...

Just food for thought really,

 

 

Am repaying a debt through Motormile Finance which I started over 6 years ago, old threads are on site..

This debt although now less than 400 quid which is great, fell off my credit report this month, hurray.

.. just have to get rest paid off now.

 

 

... Got a E mail last night, they have under taken another small debt,

looks like an old pay day loan for less than 600 quid,

I will dig ALL my paperwork out to find exact debt...

 

they e mailed stating I now have two open accounts and the monthly payment that I pay,

WILL be SPLIT between repaying both debts, what woohoo, can this be done, surely not..

 

 

. The monthly remittance is to pay the debt I am aware off NOT to be split

between one I know little about and possibly arguable,

 

 

IF the next payment is split between the two debts,

then surely that would result in admitting the debt,

since my debts are now 6 plus years old,

and been paying off for same amount off time,

 

 

I think this is a very CHEEKY Tactic and will get people admitting to debts they now aware off.

 

 

I'm okay contacting them in writing etc just wondered if anyone else has had such a bare faced cheek tactic been sent to them... known or unknown....

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Youre being cash cowed. BIG time. MMF have total and complete disregard for regulation and law.

 

Have you ever CCA'd MMF

 

regarding the payment. They cannot tell you which debt it is paid towards. YOU dictate what debt the payment is for. NOT them.

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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Also, i hope you havent allowed them to add on any collection fee's, interest or charges to your debts.

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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They cant do that....thats misappropriation of payments...you must tell them that you are not authorising payment to any another alleged debt and that your payment must go direct to account xxxxxx. in reference to agreement number xxxxxxxxx

 

If they do split any payment you should cease payment immediately .

 

Regards

 

Andy

We could do with some help from you.

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it looks like they want to make the other debts "live" so they can go after you. It might be worth seeing if this is "churning" in financial legal terminology, because if it is it is illegal.

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Certainly looks like churning, unilaterally allocating a payment to multiple (alleged) debts.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Certainly looks like churning, unilaterally allocating a payment to multiple (alleged) debts.

 

 

Going to be devils advocate here... Payments made by SO to said DCA, Reference is that of one account. You have 12 months worth of payments with that reference allocated to said account but DCA splits them when it isn't allowed to.

 

Would I be right in thinking that legal action Could be possible against a DCA.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Have decided to wait for written letter to drop on mat before taking any action,

made the last payment on the debt that has now finished.

 

 

until they WRITE regarding this other debt I am going to do nothing.

 

 

Sure postie will deliver something in due course. will up date as and when I hear from them.

 

 

Looked on my credit file and it does show on they, must have been added lately as check weekly,

 

 

however was defaulted in Sept 2010 so I'm guessing they are going to chase before the 6 year dead line.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Original default must have dropped off by now, and they can't re-default it so to speak, am with sillygirl, should be SB so report to fos.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Well as a follow up, Nothing in the post has arrived about this debt, so am still going to wait before making any move myself. As for the other debts separate threads, that I have been paying, I have finally plucked up the courage and bought five £10 postal orders and am in the process of writing out the CCA's to them all. I know I have been paying these five debt's for six years now, and all drop from my credit files this year.... But am now in process of CCA's to these collection companies. Quite nervous of what the post man will bring me mind, and nervous in stopping monthly payments while I await replies. But will put monthly payments to one side for when replies received and got checked on here, then can give payments to them if all okayed by the team on here. Will keep up dated.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Sorry meant I am writing to do a SAR not CCA

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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