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    • Really sorry to hear about you suffering from COVID.   Don't worry, there is time before 4pm Monday.   The reason we recommend a short defence is so as to not play all your cards too early.  Later on down the line the defence can be fleshed out with the Witness Statement.  For example, "no contract was formed" in the defence can then in the WS become why a contract wasn't formed - rubbish signage, the keeper wasn't the driver, no locus standi, the fleecers had no Planning Permission, bye-laws, etc.  Less is more.   Simple Simon (the owner of VCS) has an appalling record of losing airport bye-law cases, even when the driver didn't break down - let alone in your case!   If you feel up to it, look up VCS or Excel airport cases in our PPC Successes thread (start from the last page and move back) for a suitable defence.  If you don't feel up to it, I'm sure one of us will find time before 4pm on Monday.    Just one thing - have you got proof of the breakdown, such as evidence of payment that you got the alternator replaced?
    • My partner recently joined Step Change and is in the process of setting up a debt management plan. She is concerned about one of the questions she answered though i.e. Have you been on debt management plan previously?   She did 'no' but in fact was on one with CCCS about 20 years ago. She told me that at that time she was told by CCCS that they couldn't help her if she had been on one previously. She settled all the debts with the creditors back then.   Why do StepChange ask that question and would it prevent someone getting on a DMP today?   Surely if the debts were that old i.e. more than 6 years old, and she paid them off under the DMP, there would be no record of the DMP in any case?
    • did you ever goto the ICO PW?   you say you have evidence of termination in B/W then with the rules of that time the A/C should have been defaulted within 3-6mts.   dx  
    • do the questionnaire 1st please  you've a few days  defence is not due till/by 4pm monday. (as you got an extra day over xmas.)   leave the scans till you have time   info 1st please
    • Wow, thank you dx100uk for super quick reply. Will read guide and upload now.
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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
      • 1 reply
    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Debt Managers chasing old Mothercare card account from Newday


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This company has been contacting me recently since they have acquired one of my debts from Lowell

-Newday Ltd, who in turn bought the debt from Mothercare CArds. THe amount is £310.76

 

They have called, texted and sent letters.

I have not answered their calls, replied to their text messages or letters by post.

 

 

However, about four weeks ago they had sent a letter stating that they will settle for a payment of £124.30 and the debt marked as "partially satisfied" in my credit file.

 

I realise that I have to tackle this at some point, because I did, after all, use my MOthercare CArd.

But should I accept this offer? Or do they have any tricks up their sleeve with which theyre luring me into their offer?

 

I understand that the partially satisfied note will show for 6 years but will they chase me for the remaining amount after I've accepted their settlement?

 

Please advise?

 

Thank you, in advance!

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Tell them that it is to be marked - settled - or nothing.

Have you checked for charges?

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is the debt already defaulted?

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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