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    • Hi.   Have you sent an SAR to the Revenue?   HB
    • Okay thanks. You can either bring a contract action against Parcel2Go or against Hermes. Additionally you could bring a negligence action against Hermes because clearly the telephone was in their care and they at the very least acted negligently – and I suppose it would be possible to say that somebody in their employ may have acted dishonestly. If you sue Hermes in contract they will try to say that your contract is with Parcel2Go – and that would be correct. However you would then rely upon the Contracts (Rights of Third Parties) Act which confers upon you as a beneficiary of the contract all the rights of a contracting party. You would not enjoy these rights if you are specifically excluded by the contract between Parcel2Go and Hermes – but we have no evidence that this has ever happened so far. Even if you were excluded as a beneficiary of the contract, you would still be entitled to bring an action in negligence. It might be more straightforward to go for Parcel2Go – but in this instance there seems to be some clear evidence of dishonesty. I'm assuming that you can gather written evidence of this activation – the fact that the warranty has been started and that this is a clear indication that the phone has been activated by someone. Because of that embarrassment factor – that element of dishonesty somewhere in the Hermes chain – I would be tempted to sue Hermes directly, relying on the Third Parties Act and bringing evidence of the deliberate tampering with the parcel before the judge if it went that far. Generally speaking Hermes will put up their hands when threatened with court action for a small sum. I think for some of £500 they would probably normally force you to a hearing – but I think that in this case as you seem to have good evidence that there has been some deliberate intervention by somebody working for Hermes, I think that it is very likely that eventually Hermes would back down – and they would do well to do so and start cleaning up their own backyard. I don't know if there are any distinction features about your telephone – but I suggest that you start keeping an eye on eBay. So you decide. You can bring a contract action against Parcel2Go – who will also say that you didn't have an insurance. Or you can bring an action against Hermes who will say that you had no contract with them and you had no insurance. In respect of the no insurance your position would be that if they want insurance against negligence or contractual breaches or against the misdeeds of dishonest employees then they should insure themselves. You have paid the delivery fee and you expect them to carry out the delivery. This argument would apply whether you are suing Parcel2Go or suing Hermes. I suggest that you send an initial letter of complaint. Give them 7 to 10 days. I have no doubt that they will knock you back – then you issue the letter of claim. If you never done this before then you should spend a little bit of time looking through this forum at the steps involved in bringing a small claim in the County Court. It's not difficult but you should be aware of the steps so that you have confidence in what you are doing. When you send the letter of claim – you will given 14 days before bringing a legal action. If you don't really intend to do that then don't send the letter. Don't bluff. You send the letter of claim and on day 15 you issue the good news. In the intervening 14 days, register with moneyclaim and start preparing your claim. You can save your work as you go. Let us see the draft claim before you click it off. Your risk factors include – loss of claim fee, loss of hearing fee if they push you to a hearing, time and money spent travelling – probably to your local court. All of these risk factors are relevant in the event that you lose. If you win then you will get all your money back plus the value of the phone and you will also claim 8% interest on the value of the phone – which is a pretty good rate nowadays. Your chances of success, in my view, are better than 85%. I see that a suggestion has just been made by 🇮🇲 in Exile 😄  that you should try and get a crime reference number. Good idea.  
    • If you think you have clear evidence of theft, I assume you have reported this crime to the police?  (I don't expect the police to be at all interested in this, but you ought to be able to get some sort of crime reference number which may be of assistance later).  If I were the carrier I'd be asking you this question, and if you haven't reported it, I'd want to know why you haven't.  (I'm not sure "Well I know the police won't do anything" would be a satisfactory answer.)   I tend to agree with BankFodder that you, the customer, shouldn't have to pay for insurance to cover the carrier performing the contract as agreed - that should be their problem.  Difficulty is you may have to go to court to get your money back - and the court may not agree.   I see you've just posted while I'm typing.  So you have reliable proof that the 'phone was activated while supposedly in transit?  And you could get something in writing (maybe even a witness statement if necessary) from your purchaser that the package had been tampered with?  Then I'd go back to the carrier(s) with this evidence (plus a crime reference number form the police) and say you want the value of the 'phone back.  (Did you declare it's value at any point, and do you have proof of what you paid for it?)   If they don't play ball, then for £500+ I'd be considering suing them.  I'm not saying you'd win, but what's to lose?   (just a couple of thoughts.  Do you have proof of what you sent?  Did you either video it or do you have a receipt or anything saying what the parcel you consigned weighed?  eg if it weighed, say, 750g when you sent it but was empty on receipt, that indicates it was "missing" on arrival.)
    • Looking for some advice regarding dealing with the Debt Collection Department at Trafford dealing with an 'over payment' from 2005/2006/2009/2010 totaling over £8000.00.    Was in discussion with HMRC back in Early 2017.  Their last letter being April when they listed the years they were claiming for and stating the reason it was an over payment was because we hadn't signed and returned some declaration in 2005 + 2006 + 2009 + 2010.  My last letter to them stating it really wasn't an over payment they were just claiming back every penny we have ever been issued because of 4 unsigned forms went unanswered by them.  Nothing else from them until last month came the letter from the debt collection department.   I immediately issued a letter stating I didn't agree with the amount being claimed. I didn't think it was an over payment.  We were entitled to the money that they had 'awarded' us and to contact the previous person I had been dealing with three years ago.  I requested they obtain copies of all correspondence from 2017 and send me a copy.   On 02/04/2020 I received a telephone call from Trafford to say thank you for the letter, they couldn't obtain the documentation I had asked for, I had to do that myself and then could send to them and due to the virus they were suspending collection of this amount.  The person on the phone couldn't advise me how long it would be suspended for.  I asked him to put it in writing advising me they couldn't get the docs I have requested and that it was temporarily suspended. On 03/04/2020 I received a letter to advise they were applying to my employer to instruct them to adhere to the attachment of earnings order and deduct a percentage of my wage and send to them.  It had a copy of the letter inside addressed to my employers. On 06/04/2020 I received a letter thanking me for my letter of the 17th March.  They attached a sheet detailing the over payments that they were claiming.  Confirmed they could not request the previous correspondence and I should request this direct from HMRC.  In the event of a dispute I had to contact HMRC.  They wouldn't suspend collection until advised by HMRC but under the circumstances they arr temporarily suspending recovery action.  They will write to me soon about paying it back.   2005 £821.53     2006 £1635.14     2009 £390.76     2010 £1298.62   My husband has received an identical letter with the same figures on.   I am unsure what to do now.  I don't  want to sit on it until they start up the recovery again.   Do I now contact HMRC and continue to argue this out with them? Can they legally take money from my wages even though I am disputing this? Does me not signing a form constitute them being able to recover everything I have been paid?   My youngest child left school in 2016 and I never claimed for 2007 + 2008  + 2011 + 2012 + 2013 + 2014 + 2015.   Can anyone advise me of where I go from here? Thanks in advance of any help anyone can give me  
    • OK will try to be succinct. Old prop mgmt agent acting behalf of RTM company messed about last year with bills and could not all 4 leaseholders to agree on their charges. I paid first half of year and was awaiting news re remaining bill. At end of year had letter stating they were stepping down.   January 2020 new agent in charge. Bill for whole year sent, plus arrears. Service charges are due twice yearly, not in one lump, as per the lease. They billed for whole year. I queried it. In the meantime I had some emails requesting payment. In January I decided just to pay the arrears in one payment ( plus an extra £100 on top as part payment for new charges, ) and set up a monthly standing order to pay the rest. The payment was set to start in Feb, but for some reason the bank didnt pay it until march, so I rectified it in March by paying that one one plus one extra. I informed them of this. Payments have been accepted and they have sent a revised statement this week showing such- after I sent them proof I had paid 3 times already.   Come June, I would be fully up to date with all previous bills, they should then send the June- December service charge bill. They keep insisting on payment asap.   In March whilst payments were going on and after the lump sum + 2 payments had been met, they say they sent a letter requesting a payment plan even though one was already in place. I did not get that letter. In March they sent it to the sols for debt collection- I got a letter from the sols + their own £250 charges stitched on. I have not replied to them yet. I have replied to the agent stating I won't be paying via the sols and that payments are still set to continue.   Ultimately, even with the new service charge coming in June, by August the bill I will be paid anyway. I feel their demands are totally unreasonable, given noone can work at present anyway. I have a letter prepared for the sols in reply but i'll wait as long as possible before sending as I have 30 days to reply and by then all arrears will all be paid, plus part of the upcoming bill. The lease is very old and there is no mention of debt collection charges at all. It states the lease service charge is paid in advance at end of June and end of Dec every year.
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petersmith80uk

Hillesden Securities Limited /MBNA Claim Help needed with defence!

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Hi there,

 

I'm putting together a defence for a claim for ~£1000 issued 14/12/15 and I'm a bit stuck - any help would be greatly appreciated! Unfortunately had my head in the sand but now trying to get things sorted.

 

I've done the acknowledgement of service and have followed guidance to request details via CCA letter on the 19/12/15.

 

I've sent the £1 statutory fee to Mortimer with the CCA letter, which they've taken and replied to (24/12/15) saying they've asked for the documentation from their client (Hillesden).

 

The claim is being made by Hillesden Securities Limited, for a debt they have allegedly purchased from MBNA. Mortimer clarke solicitors are acting on their behalf.

 

Since Mortimer's response on the 24th, nothing has been received by either Mortimer or Hillesden.

 

So now that the time is approaching to file a defence, I'm attempting to cobble something together :???:

 

So far I have:

 

1. Defendant received the claim XXXXXXXX from the Northampton County Court on 16/12/2015.

 

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3. This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

 

4. It is denied that the Defendant has entered into an agreement with Claimant.

 

5. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant’s position with regards the claim.

 

6. The particulars of claim are vague and fail to specify anything identifying the account that the Claimant refers to.

 

7. The Claimants statement of case states that the account was assigned from MBNA to Claimant. The Defendant has no record of receiving notice of this alleged assignment.

 

8. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

9. On the 19/12/15 The Defendant sent a request for inspection of documents with reference to the Claimant statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor, Mortimer Clarke Solicitors. Defendant requested the Claimant provide copies of the Agreement, Default Notice and Deed of Assignment pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

10. Claimant has not sent any of these documents to Defendant.

 

11. Claimant has declined to send a true copy of the deed of assignment.

 

12. The Claimant’s Solicitor has taken payment of the statutory £1 fee and not in any circumstance set aside for any alleged debt.

 

13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

15. The Defendant requests the court order the Claimant to provide the necessary documentation in order for the Defendant to fully plead the Defendant’s case else the Claim should stand struck out.

 

16. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the Defendant’s defence, and would ask that the Claimant bear the costs of the amendment.

 

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

 

Any guidance would be greatly appreciated!

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Thread moved to Financial Legal Issues

 

If you could read the following link and copy and paste your responses here to enable the best advice on proceeding with your claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy


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Sorry Andy, here we go:

 

Name of the Claimant ? Hillesden Securities Limited.

 

Date of issue: 14/12/15

 

What is the claim for: An agreement between MBNA and the defendant on or around 15/10/2007 ('the agreement') MBNA agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due and the Agreement was terminated. The Agreement was assigned to the Claimant. The claimant therefore claims 1000

 

What is the value of the claim? £1000

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? The particulars say 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Not the original creditor. This debt seems to have been sold on

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? No idea of what account this is.

 

What was the date of your last payment? No idea of what account this is.

 

Was there a dispute with the original creditor that remains unresolved? No idea of what account this is.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? N/A

 

 

I've had credit cards underwritten by MBNA in the past but never directly with MBNA. So its hard to pin point. The particulars of the claim is too vague, sorry!

Edited by petersmith80uk
Typo

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Peter did you actually send a separate section 78 request and fee ?

 

9. On the 19/12/15 The Defendant sent a request for inspection of documents with reference to the Claimant statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor, Mortimer Clarke Solicitors. Defendant requested the Claimant provide copies of the Agreement, Default Notice and Deed of Assignment pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

Andy


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Hi Andy,

 

No, I sent one letter which requested the documents along with the fee. Think I may need to re-word that bit..

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So nothing like the following ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

With regards to the proposed defence above...I would ditch that as most of it is twaddle...what date is your defence due?


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Hi Andy,

 

I thought my deference was due 28th. However, it appears I've made an error in counting the days. So it looks like I'm past due now....

 

Given the issue date was 14th December 2015. 33 days would land me on January 18th 2016?

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15th Jan actually ..or 16th allowing for Christmas Day


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Well, either way... I'm late! Wish I'd come to CAG sooner... live and learn.

 

So can I still file a defence now?

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If you are submitting vis a MCOL...try to log in now and see if will take you to the enter defence stage....then post back here.


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Okay so we need to a defence submitted asap...give me a few mins.Keep your page logged into MCOL.


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Particulars of claim

 

1.An agreement between MBNA and the defendant on or around 15/10/2007 ('the agreement') MBNA agreed to issue the Defendant with a credit card.

2.The Defendant failed to make the minimum payments due and the Agreement was terminated.

3.The Agreement was assigned to the Claimant. The claimant therefore claims 1000

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2. The Defendant accepts that he has held an account with MBNA in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 request and a statement of account .

 

3. It is denied that I failed to make payments as I am not aware of what agreement the claimant purports to rely on.I requested copies of the documentation relied upon by way of a CPR 31.14 request dated XXXXXXX, the claimant has failed to supply any supporting documentation.

 

4. I am unaware of any assignment and it is denied that I have ever received any Notice of Assignment pursuant to The Law of Property Act 1925

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement on which the claim relies upon; and

 

b) show how the Defendant has reached the amount claimed for; and

 

c) show how the Claimant has the legal right either under statute or equity to issue a claim.

 

6. As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law and Property Act.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

One very fast defence...complete the date of your CPR 31.14 (marked in Red) request and post ASAP a fresh Section 78 request as per the link above.

 

Regards

 

Andy


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Amazing, thank you so much!

 

Do I need to put the particulars of the claim at the top of the defence?

 

Just to check you mean this link:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

Thanks again!

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Amazing, thank you so much!

 

Do I need to put the particulars of the claim at the top of the defence? No thats so I know what I am responding to in drafting a defence

 

Just to check you mean this link: Yes

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

Thanks again!

 

Regards


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Thanks Andy, I've submitted the defence.

 

Given I've already paid the statutory £1 fee, I assume I should omit that from the letter. Or shall replace it with the fact they've already take payment or send another £1 cheque?

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Send another for the sake of £1 this time postal order no signatures....only allows further complications.


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Ok will do.

 

Thanks so much for all your support with this. I shall update when I hear more!

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