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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
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Huge overdraft and fees I can't clear/afford - sold to cabot.


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At the beginning of 2013 I was in the midst of payday-loan hell, mainly due to gambling.

 

I have resolved all but one of those (who I am paying £2 a month to)

 

I lost my job in Jan 2011.

At some point Halifax allowed me to increase my overdraft from £3000 which I had from student account up to £5000.

 

I spoke to them at the time (or a couple of months later) about the fees (£100 a month) and they agreed to pause for 6 months due to no job. They then paused them again for another 6 months. I had not gained employment in this time.

 

After this period they would not freeze the fees which were £3/day.

I was still using the account and had some money coming in at points and they got their fees.

Sometimes I went over for a month or two so they charged more (£5/day for a maximuim of 100/month).

 

At some point last summer I spoke to them and they said they would hold the fees on the basis I would begin to repay the overdraft. I could not agree to £50/month and at the time I didn't want them to close the account and pass it to DCA because some people still had these details.

 

I made sure I stopped using this account.

The fees appeared to freeze for 2 months and I called to lower the overdraft to £4900.

This was my way to begin to repay it.

As soon as I did this they started adding fees again.

There were also some months they haven't added them (though they have this year) probably due to some error.

 

They have called me on and off and sometimes I answer and the conversation has been cutoff or whatever.

I have lately buried my head in the hand somewhat.

 

All I want is for them to freeze the fees as I have requested many times and I will lower it as and when I can

(I am working some at the moment, but still receiving housing benefit as it is not regular work)

and then not start adding the fees again when I do reduce it.

I would also like the most recent fees removed, if possible

 

What is my best play?

It was somewhat irresponsible lending but I'm not trying to get out of it

(though I wouldn't mind and could easily have done a DRO before and had it cleared!)

 

They currently don't have my correct address as I have moved and not told them,

though I can get post at the old address still.

Should I update them?

 

My balance is currently -5189

 

Thanks for any advice!

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Good old shallowfax.

 

TELL them don't ask, demand they stop all charges/fees etc, and at the same time reclaim ALL of the fees/charges they have levied on this overdraft, with added interest which should reduce the total owed somewhat and you can then begin to make payment toward it.

 

UNTIL, they agree to stop adding these charges, then they get £1 a month for the life of the debt, no ifs or buts, if they fail to play ball, then they lose.

 

Do not be afraid of powerless DCA's either, they can do nothing, less for sending out puerile missives which carry no weight, they're good for a laugh!

 

Send them this http://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty obtain ''Proof of posting'' which is free from the PO counter, and wait for them to respond.

 

Are you paying anything now?

 

What correspondence have they been sending you regarding this?

 

Check your credit file also, noddle is free.

 

If you have a DD set up with them you need to cancel it ASAP and ONLY ever pay using a standing order.

 

Keep a diary of events also, and keep everything in writing only, no phone.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I will compose the letter and send it them.

Should I let them have my current address?

 

I am not paying anything to them now, no.

No point until any charges are frozen/reversed in my opinion.

Should I get them to close the account or just freeze it

 

Only been getting the standard " your account is overdrawn by 100/200/300" (over my limit)

 

According to Noddle I am AA (behind agreed repayments by 1-2 months) only Feb 2016, July-Aug 2015 and Sep 2014.

Mainly due to money going in at points and this covering the fees.

This has now stopped.

 

Thanks for your help!

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Yes ensure they have your new address, this will stop them getting a CCJ by default.

 

However DO NOT give them any contact numbers, you don't need their harassment all hours of the day.

 

How long were you with them?

 

Once you've sent them that letter, be prepared for a ton of deforestation to land on your doormat, but it's nothing insurmountable, as their letters are mostly psychological rather than actual, once that is realised then their letters cease to have any effect.

 

This will most likely be flogged off to a powerless DCA, can't remember who had my shallowfax debt? But either way, they can do absolutely zero.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Well they've passed/sold it on to Moorcroft.

 

I don't really want to deal them but if they will take £10 a month or something I will.

 

I could also stick my head in the sand. They don't have my new address soon but it would be easily enough to find with a credit check I would suppose.

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Well they've passed/sold it on to Moorcroft.

 

I don't really want to deal them but if they will take £10 a month or something I will.

 

I could also stick my head in the sand. They don't have my new address soon but it would be easily enough to find with a credit check I would suppose.

 

Save your £10...Moorcroft don't litigate.

 

Andy

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[email protected] ha ha ha ha, don't you dare pay these crooks anything, certainly not £10 a month! That'll go straight into their profit pocket, they'll hold onto this for a few months, then flog it on to one of their equally powerless chums to harass you.

 

IGNORE any powerless DCA, deal direct with the bank re. the overdraft and get reclaiming all of their fees/charges including interest.

 

Start their complaints procedure, and escalate it as much as you need to, if necessary all the way to the ombudsman.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well I like those last 2 posts.

 

So I shall ignore moorcroft for now.

 

What is the gist of the letter I should send halifax, if I send them anything?

 

As far as I know the account hasn't even been defaulted if that makes any difference?

 

Noddle shows it as late payment/payment behind.

 

Thanks!

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 year later...

I totally didn't contact them at all.

I was getting phone calls from Moorcroft but they went silent eventually.

I moved and haven't heard about this until the other day when I got a letter from Credit Security Limited.

 

I ignored that but it made me think about it again.

 

I received a new letter saying

"Our client has indicated that they are prepared to accept a discount if you are able to make a lump sum payment.

This offer is subject to an affordabilitity check......"

 

They want me to pay just over £2k

 

They said If I took advantage of that offer they will update my credit record as Partially Satisfied" and a "nil" balance outstanding.

 

I am in a slightly better position than I was 2 years ago but it's still not perfect.

I was thinking if they would take 500-1000 I would manage to get that paid, but I receall reading that I should have it marked as "fully satisfied".

 

Should I deal with CSL or halifax directly?

Should I ask for a breakdown in charges over the specified period?

 

Any thoughts please?

 

Thanks!

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How long has it to remain showing on your credit files ?

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

 

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How long has it to remain showing on your credit files ?

 

I'm not 100% sure but according to the credit report the last payment status was April 2016 so i don't think they defaulted it until then.

 

I am going to do a SAR with them I think.

 

I just checked again and date of default wasn't until may 2016

 

Some other dates;

 

My initial OP was wrong; I lost my job Jan 2013.

 

I had reduced my overdraft from 3k to 1k in September 2012.

 

In Jan 2013 I increased it many times consecutively to 5000 and that's when the troubles started with the job then gambling, overdraft etc

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  • 2 years later...

Open

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  • 1 month later...

After no contact regarding trying to chase this debt, Halifax have sold this debt to Westcot.

 

It shows as defaulting/closed in 2015 so I am hoping to run the clock down until it is statute barred. Part of me has a feeling that it 


A couple of years ago Halifax contacted me (without me asking) and said they had been reviewing accounts and had treated me unfairly at the time so were making a refund of x amount of fees. An amount (i don't recall exactly what, 800£ or so) was paid to me via cheque and the rest was reduced off the owed amount by them.

I was wondering does that reset the 6 year clock do you think? I also have a feeling that they had the default registered/account active in 2016 (also the date I started this thread) and part of them "making things right" was moving the default to when it should have been in 2015. Last thing I want to do is in 6 months or whenever it is write to Westcot and say its SB and them to say it isn't because of the above and restarting the 6 years...

 


Cheers

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They have NOT sold the debt, (Wetcloths) we use to call them oppps  Wescott are only hopeful collection agents on commissions only if they collect, if not after many huff  puffs send it back to Halifax

:mad2::-x:jaw::sad:
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I received a notice of assignment and also it now shows on my credit report as being in wetcloth's name @Old Cogger

 

I have no intention to contact them any time soon just wondered if the fact halifax had been in touch with a partial refund to me and also the account restarted the statute barred clock

 

I'm so sorry its CABOT not westcot. My fault

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  • dx100uk changed the title to Huge overdraft and fees I can't clear/afford - sold to cabot.

so halifax thru moorcrap offered £2k to settle,

urm shows there is alot more there then to be gotten re unlawful fees then.

 

have you ever sent halifax an sar to get all the statements?

 

did you write to halifax with your new correct address all those tears ago?

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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They offered to settle for £2k at some point (when the debt was c. £5.2k). Since then they reduced the balance owed by £1500 and sent me a cheque for 400-800£ (I don't remember the amount) as a refund of some charges. They then recently sold the debt off.


They have my current address as do Cabot. I don't recall when they received this address but I've been here over 3 years now.

 

I did SAR them at some point for the statements.


To be fair the amount "owed" is probably not made up by fees now. I was just wondering if their payment to reduce the balance/my communication with them accepting a cheque from them would have reset the Statue Barred clock. If it didn't I reckon the new owners of the debt have until some point next year to do court action. This is one of many but I thought Halifax had written this one off in practice to be honest. They've just sold it now after no recovery activity in 4-5 years!

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If you have not, in writing, informed Halifax of your new correct address, pers i'd be informing cabot.

 

Its not acking the debt and can't reset sb.

Cabot are masters for backdoor ccj's.

 

 

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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They have my address. They sent me a cheque here  (and my SAR records if I recall correctly)

Cabot have also written to me here (which I have ignored fully)

 

I  have just logged into online banking because there are unused accounts and my address is correct on there.

 

 

Edited by paydayjoke
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Good

Safe till or if a letter of claim drops in

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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