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    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
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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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    • 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
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Received this in the post today

 

Along with my original CCA letter.

Any advice? I dont know what details they have as I have moved a number of times since then.

If it was a credit card I would have thought capquest would have the details

 

Just double checked on my Noodle account.

It is listed in my closed accounts (if it is that one)

and is shown as settled in Dec 2010 with no missed payments.

 

Edit: it cant be that one on the account as my card limit was £1000 and have been paying £6.52 for years and my outstanding balance is shown as £1211.14 and the account is settled properly.

 

Edit 2: Is it worth doing a SAR with CapQuest to see what they have on file and amounts?

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Who are you paying?

 

If it is a powerless DCA such as [email protected] then STOP!

 

Primarily because you're paying something that you have no idea what its for?

 

Blindly stumping up money because a powerless clown outfit has told you to, is simply burning money.

 

If you have no idea what you're paying for, then STOP. Demand that they prove you actually owe this.

 

You're being cash cowed, and they know it.

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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Oh dear, you've been royally shafted!

 

You seriously need to get rid of Gregory Pennington, and demand back all of the fees you have paid them.

 

These companies are only in it for your money, STOP paying GP, demand back all of their fees, and demand to see the entire history of ALL the payments they 'claim' to have made to these creditors.

 

PLEASE, stop throwing your money away.

 

I appreciate that it might have seemed a good idea at the time, but seriously, outfits like GP are only out to make profit from you.

 

If any of your creditors contact you in the future, then come back and tell us what they said, if your credit file is clear, then it is highly likely that you either didn't owe the money in the first place, or it is now so old, that they have dropped off your credit file (6 years from date it was placed on your file).

 

And if it is the latter, then the money you have been gifting GP has gone into their pocket.

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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oh god not the grabbing penny's

 

 

fleeced blind.

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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Oh dear, you've been royally shafted!

 

You seriously need to get rid of Gregory Pennington, and demand back all of the fees you have paid them.

 

These companies are only in it for your money, STOP paying GP, demand back all of their fees, and demand to see the entire history of ALL the payments they 'claim' to have made to these creditors.

 

PLEASE, stop throwing your money away.

 

I appreciate that it might have seemed a good idea at the time, but seriously, outfits like GP are only out to make profit from you.

 

If any of your creditors contact you in the future, then come back and tell us what they said, if your credit file is clear, then it is highly likely that you either didn't owe the money in the first place, or it is now so old, that they have dropped off your credit file (6 years from date it was placed on your file).

 

And if it is the latter, then the money you have been gifting GP has gone into their pocket.

 

I stopped paying Gregory Pennington a number of months ago now as I came to that conclusion.

I am not going to make another payment to CapQuest and we shall see where we go from there.

 

 

I did a CCA and the letter from post one is what I received in reply

- which I dont know if I should just ignore.

 

Like I said the only thing on my credit file for Halifax is a credit card with a max balance of £1000

 

Halifax Credit Card 31/12/2010 Settled

 

It also shows as no missed payments.

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have you a capquest ref number

 

 

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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so did you not use that in the CCA request you sent to cabot?

 

 

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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I think i'd be inclined to copy that lot

and post it to crapbot...

 

covering letter stating that even Halifax have no clue

what supposed debt you have fleeced me on for XXyrs.

 

should you fail to honour my CCA request within a further 14 days

I hereby demand all my payments back.

 

............

 

sadly you'll prob find this with many of your debts

blindly paid through the greedy pennies..

 

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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How does this sound?

 

Dear Sir/Madam

 

I am writing with reference to the above account.

 

 

On 27/05/2016 i sent you a CCA request.

You forwarded my request to Halifax.

Please see the enclosed copy of their reply.

 

 

As you have failed the request and are unable to prove any information, I demand ALL my money repaying.

as you don't even appear to know what the debt is originally for.

 

 

I remind you I am still waiting for a response under the Consumer Credit Act 1974 (sections 77-79).

I will be kind and give you a further 14 days to supply me with the requested docu-mentation.

 

I look forward to hearing from you.

I will NOT deal with this matter via the telephone only via post.

 

Yours faithfully

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please don't ever use the word basically in a letter

its very bad English even in the spoken word. should be banned!

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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try it now

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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  • 1 month later...

Just had a letter from capquest saying

"thank you for your recent communication

we have been advised by our client that they have issues the documentation requested under the Consumer Credit Act 1974 directly to you. Please contact us to confirm that you have received the documentation"

 

I have not had anything other than the letter from Halifax as above. I am sure I am just looking for confirmation that I just need to ignore this.

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Defo ignore them now.

 

Shallowfax have failed,

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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  • 2 months later...

Hi,

I have sent a few requests to Halfiax using the number on the letter they sent me to notify me they are transferring my debt from capquest to wescot

 

It says

I refer to your recent letter, however unfortunately I am unable to locate an agreement using the information supplied.

 

If you have not already done so already, can you provide me with the following

  • Type of Account
  • Full address details (including all previous addresses)
  • Any Change of Name
  • Date Account opened
  • Agreement Number

 

You may be able to obtain this from any bank statements displaying the direct debit associated with the agreement.

 

I apologise for any inconvenience caused and enclose your original documentation.

 

This is the same response as last time. I am assuming they don't have the details considering I am using the same refrence number they are chasing me under plus they have my address as they have sent me a statement.

I also sent an SAR to them which looks like its been forwarded to the customer services.

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What exactly have you sent, it isn't clear?

 

They have 40 days to send you your SAR.

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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keep to one thread eh..

 

then we'll know what you are going on about please

 

threads merged

 

 

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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so did you get your moneyback from the fleecers greedy penny's were paying?

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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