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    • It takes a long time to agree trade deals because there are so many aspects to consider.    UK companies trade with US consumers including US Government every day of the year, with the previous trade arrangements still in place.   There is no hurry to agree a new trade deal. It takes thousands of civil servants in both Governments to go into every aspect and they just don't have the people available to do this work.    
    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
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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

Letter of Notice of Intent to Register Default from Thesis


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Hi Silverfox i also think that the OP was indicating that SB was their current thinking and i have been through this myself very recently, i too am talking about pre98 loans and just want the OP to be aware that if Link are threatening then just ignore as they are a very dishonest bunch of parasites imo. But if the OP has been deferring then this i believe is "Acknowledgment". I would wait until dx, Andy or such like who are experts in my experience clarify though as my experience is only my own.

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Then just ignore link is my advice, if they ever do manage to get you on phone? Just say "In writing only" and put down telephone.

 

Once you are 100% sure 6yrs have lapsed then send SB template letter.

 

PS: It might be worth your while sending a SAR to SLC as the SLC have obviously sold this outstanding amount to Link and do not let Link scare you with court action as they are not the original creditor. Its all just part of their devious, dishonest and frankly illegal activities to get people to pay and remember they are just a DCA and not baliffs and have very limited powers although they will lie to you otherwise!

Edited by WarrenBuffet
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You mean Thesis?

 

Just to elucidate further, I came on here for some advice when all this was happening and had them send me out copies of the loan twice, and there was/still is a question mark over whether it is a valid since some of the writing on the copies they provided was illegible.

 

So I have to write to them after the 6 years stating that I no longer recognise this debt or something like that?

 

I have a bit of experience at dealing with debt collectors and I know how they work, they will try to scare you when in fact they are most likely bluffing/unlikely to actually do anything about it since they probably only bought the debt for a few quid anyway. They rely on the ones who cave in and pay to keep their profit margins up.

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Link and Thesis are the same company, just before Christmas i called link and there answered the phone stating "Hello Thesis" before correcting herself to "Sorry Link".

 

As regards 6 yrs once you are sure then send the "i do not recognise this debt" and follow the procedure ........ Job done.

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  • 1 year later...

They've been chasing me for about 8 years now for a default on just over a year of Student Loans when I failed to send in the deferment form.

 

Up until last year though I was sending in the form and getting the loan (or the rest of it) deferred, however each year was becoming more and more of a chore. I had to hassle them to send out the letter confirming deferment and last year they just didn't bother to send a form out to me at all, so I though sod them.

 

Been getting the same letter from Thesis for years, but now this one is threatening to take me to court if I don't pay up.

 

Should I just ignore it? I'm guessing it's just an attempt to scare me and they have no real powers to do anything, right?

 

They also got my address wrong, I have told SLC about this many times, but still they get my address wrong.

 

I wrote to SLC about 8 years ago and asked for copies of the agreement, and the copies they sent were partly illegible in some parts.

 

Oh yeah, the loan was taken out pre-1998 and I live in Scotland. It's about two years now since I last acknowledged this debt, so I was thinking I can't be bothered with this hassle every year with getting them to send the form out etc, I'll just sit on it and wait for another 3 years to pass.

 

As far as I am aware I have never acknowledged this debt with Thesis, or in any case I have certainly not acknowledged this debt with Thesis for over 6 years. The debt they are chasing me for is more now though as the default amount has risen in the last because I failed to defer.

 

I'd be happy to pay this pending a commensurate income, but they haven't played fair with me, and as far as I'm concerned this was summer money I should have been getting from welfare anyway as I started the Uni the year the tories scrapped this for students.

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Thesis are link dca in sheep's clothing

 

Wouldn't worry too much about this

 

If you have a read up on thesis here

You'll soon get the idea

 

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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In sheep's clothing? Is that the right metaphor for a DCA that's nothing to worry about?

 

I was just going along the lines, they've not taken any action against me in 8 years so.... but this is the first time (in a while anyway) they've threatened me with court action.

 

If they're not going to send out the deferment form, then how can I defer?

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Use the SLC one

Can be downloaded

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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If I do that then I'm acknowledging the debt.

 

Are you recommending that I do that? I'm just thinking that they don't seem to actually do anything, and if I wait another three years and just ignore them, probably move house soon hopefully then it'll all just go away.

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Well you've done so every year to date

So makes no odds

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 haven't though, as I explained last year they didn't send the form out,

around the same time as everything in my life went south

and I sustained an injury to one of my upper limbs.

 

This is perhaps why Thesis appear to be upping the game.

 

I haven't sent in a deferment form for over two years, because I got tired of them not sending the form out

and then I have to go to the library to print one out,

then get the job centre to stamp it,

then send it by recorded delivery, then several weeks later

I have to hassle them to send the confirmation letter out.

 

I'm also on WTC now trying to run my own business

so I'm not sure where I stand with deferring

or how I go to show that I am eligible.

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ok well old style loans can become SB'd after 6yrs.

 

 

so let it run?

 

 

I doubt that letter says will anywhere

and they cant I expect default or more importantly

that it will show now on CRa files.

 

 

let it run.

 

 

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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It does say 'Court action will then follow unless...' in one paragraph.

 

Default notice served under section 87(1) of the CCA 1974.

 

Do they own the debt now ? If not, then they cannot send out a default notice in their own name ?

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Scan the letters up

 

Sounds like usual link willy waving

 

Upload

 

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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willy waving.

 

 

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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Thesis own a portion on the old style loan book now, so they can send out a s87 default notice in their name and register a default with the CRAs just the same as SLC could. I've seen defaults from them on the CRAs, so I know this is not necessarily a 'bluff'.

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Thesis own a portion on the old style loan book now, so they can send out a s87 default notice in their name and register a default with the CRAs just the same as SLC could. I've seen defaults from them on the CRAs, so I know this is not necessarily a 'bluff'.

 

Are you saying then they might own this debt with the SLC now, because I failed to defer they sold it on?

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There were two letters. Hope the upload works and it's in the right format.

 

They is what you would expect. They can terminate the agreements and demand the whole balance back if you don't make up the arrears.

 

They do say "WILL" on the the court action, but whether they do or not is anyone's guess. Link Financial sometimes do go to court though, so you should not rule it out..

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Are you saying then they might own this debt with the SLC now, because I failed to defer they sold it on?

 

No. They were sold on years ago in one of the previous sales of large sections of the student loans book to the private sector.

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