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    • you mean:   Has halifax broke rules registering this default - Halifax Bank and Bank of Scotland - Consumer Action Group
    • urm..have we missed the obvious here: (including the scamming fleecer that charges for advice and defence and more for court and WS writing . i have it on good authority his total costs run to £320 for court appearance as a Mackenzie friend) and which is a templated boiler defence on numerous sites on the internet for FREE just inserted the mugs details ...ruddy scammer!    the WS clearly states at para 11: maximum parking 4hrs the sign at their payment machine in their ws (pdf p20) clearly state upto 6hrs. AND states Free Parking Mon/sat - 4:30PM/8:00PM   their NTK/POC states:  Period of Parking: From: 15/06/2019 at 12:28:47 To: 15/06/2019 at 19:11:37 Reason for Issue: Overstaying Maximum stay Period   so you did NOT exceed what you are charged with : that being over a maximum stay of 4hrs as it was free after 4:30pm - that makes the parking period that can be counted as 4hrs 1min 13 secs, as there is a statutory grace period of atleast 10mins ...game over
    • Hi    I have a default on my account from bank of Scotland.     I had a account with them for a number or years.  A payment came out of my account which I didn't recognise and they refunded me.  They then took the money back.  Leaving my account in the negative balance.  I buried my head in the sand and eventually it defaulted .    It turns out the payment I didn't recognise was mine the company just used a different name. I never said this to bank of Scotland I just ignored there letters.    My question is,  is there default allowed. My bank account was a cash card account which is giving to anyone due to my credit rating . There was no credit facilities available such as overdraft or cheque book. It was simply a basic account to receive and withdraw funds.   On that bases I don't think I ever entered Into a credit agreement . The funds owed to bank of Scotland is b3cause of a disputed amount .
    • OK - thanks. I will take your advice and see what happens.   After all, I did pay them, they are the ones that returned the money and I can prove that. Next month the standing order will be automatically paid again so we will see if they return it again.   In the meantime I will sit tight and wait to see if they write to me. I refuse to deal with them by phone and have told them that in the past so they may be trying to force me to call them to arrange a higher payment but as the judge told them all those years ago, once they take it to court the courts decision is final and they have no right to any other agreement.   I truly appreciate your help. Thanks.
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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!
       
       
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Capstone/drydens CCJ -old HBoS card - now findout it was SB'd at time of CCJ


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Hi,

In around1999-2000 i had a card with BoS, which was defaulted on around the start 2001.(balance around £1650 )

 

I initially made £1 token payments through the CAB,

this lasted only around 6 months,when i stopped paying.

 

After being threatened with a statutory demand in 2008

i began paying Capquest £10 a month from 29th OCT 2008. (the balance stated then was £1900.00)

I kept this up until 30 Sept 2009.

 

In Dec 2013 they took me to court and got a CCJ for £10 a month which ive had to pay since.

(balance had become £2760.00 ?)

 

My question is

 

,is there anything i can do about this as i believe it was most likely Statute Barred by late 2008

and from what i realise now it probably shouldnt have gone to court

.

Thanks

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stop payments..force it back to court?

write to the claimant - tell them you now realise the debt was SB'd ask them to cancel it?

 

 

not sure

 

 

I expect andyorch will pop in soon.

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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Hi

 

There must be a clear 6 years gap of no payment or acknowledgement either after default and before issuance of the court claim.

 

Default start 0f 2001..

 

Made payments of £1 for 6 months (July 2001)

 

Made payments of £10.00pm from Oct 29th 2008 - 30th Sept 2009

 

7 years gap

 

Dec 2013 claim issued/Judgment debt already statute barred.

 

So you can make application to set a side the judgment based on the fact that it was already statute barred at the time of claim.

Go to the Legal Library and download form N244...the fee is £155 with a hearing and you will have to submit a SB defence/reasons also with your application.

 

Also you require a refund of payments made Oct 29th 2008 - 30th Sept 2009

 

Regards

 

Andy

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