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    • Apologies for the delay. Didn’t see your post.   Case was paused  and has finally been withdrawn as they were unable to comply with my Section 77 request.   Many thanks for your help and guidance. It proved invaluable.      
    • 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.  
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marley100

debt acknowledgment??

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good evening all,

 

I am close to the end of a six year default by Natwest on an "alledged" loan. They have been unable to locate the original credit agreement rendering it unenforcable.

 

I have been reading about the 6 year time limit but am usure on a certain aspect. It states that the 6 years can start again if a payment has been made or if you have acknowledged the debt in writing. I would be grateful if someone could clarify what constitutes "acknowledged". I last wrote a without prejudice letter to them in November 2010. I stated in the letter that i am writing on conjunctio to their previous letter regarding an alledged loan. Does this constitute acknowledgment? and if so does that mean that the time starts from the date of this letter.

 

No payment has been made for over 6 years. I am considering sending them a statute barred letter but am worried that this may also be taken as acknowledgment?

 

Any advice would be greatly received.

 

Many thanks.

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You'll need to give more detail about the letter you wrote


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Hi,

 

The letter was dated 11th Nov 2010 and without prejudice. and related to asking them under what authority they are passing my details to a third party (credit reference agency) and asking them to stop this activity. I referred to the loan as an alledged loan.

 

Thanks

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Hi

Can you tell us if it is the original creditor(nat west) or a debt collection company who have made the recent enquiry ?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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It is Natwest. however, I recieved the normal 'you still owe this money' letter from RBS today. It was from their debt management operations dept.

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Was this a fixed sum loan ?

 

If so when did the term of the agreement expire ?

 

You say that they cannot supply a copy of the agreement , does this mean that you have asked them for a copy before, was this via a section 77 request?

 

Sorry for all the questions, just trying to get a clear picture.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi,

 

Yes it was a fixed sum loan Taken out in July 2007 for a period of 96 months. Yes, a section 7 request mas made in July 2009.

 

Thank you for your time.

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Any chance you can post a copy of this letter?


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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Thanks, was the loan secured and was it for over or under 25K.

 

Also can you clarify, was the request for information made under section 7 of the data protection act or section 77 of the consumer credit act. ie.

Did it cost you £10 or just £1 ?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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the loan was not secured and it was under 25K and it was made under section 77 of the CCA

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Just a couple more questions, when was your last payment on the loan and did you receive a default notice at any time, if so do you have a date ?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi,

 

The last payment was september 2009 and yes I received a default notice dated November 2009. Deafault actually registered Feb 2010

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OK thanks for all that

 

The fact that they have not responded to your section 77 requests renders the agreement temporarily unenforceable under section 77(4) of the consumer credit act. ( That is until they produce a true copy). the fact that it was for under 25K means that it was regulated under the CCA so this would apply.

 

The loan itself will be subject to section 5 of the statute of limitations 1980 and the period between the cause of action and the commencement of proceedings cannot be more than 6 years. Ther COA is generally accepted to be the last payment although sometimes they will say it is the default notice date, you seem to be clear in any case.

 

To reset the COA there must be a written "unequivocal"acknowledgment or payment made in the intervening period,(section 29 of he sol) a payment after this period will not count. From what you've said your note in 2010 would not count although as BF says it would be as well for us to have a look and make sure.

 

If I were you I would send the SB letter with the proviso of the last paragraph.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thank you so much for your advice. I will send you the letters for further consideration. I will try and do this tomorrow.

 

Thank you once again. you have been very helpful.

 

Best regards.

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