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    • The two companies are lowell and cabot.   I'll get the information and come back with it.   I did do quite a bit of 'Google' research before coming on here. There's a lot of confusing information out there they seem to tell you half the story.   Just so I'm clear. Bailiffs in my situation, if authorised by a court. Can enter the property through an unlocked door and seizure goods? Or can they not do that with a consumer credit ccj? Or point me in the right direction so I can read up on it.   Thank you for your help. It's good to finally speak to somebody who tells you how it is.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " (template removed - dx)
    • Hi dx   Post 23 letter has been hidden as has a name in it. I did read the thread and in post 7 saw mention of 'must complain within 3 years of being aware it was mis-sold' if this is what you are referring to? Also my policy is live currently.   I think you know this, but it seems the RBS/Halifax agent doesnt know, that 'I became aware it was mis-sold just before I raised my claim (2019) having read a media article'  as I dont think the PPi team showed them the original claim form maybe, who knows.   Expanding, sorry I missed the word PPi after 'loan' in my post you quoted and highlighted. To be clear, the life protector was not for a loan, but a mortgage, and that mortgage did have a mis-sold PPi on it which they have admitted and refunded.   If it helps, I have several mortgage offers here from 1999 and they say 'Minimum life cover to be assigned to the bank'    The odd thing here is, I started the mortgage and PPi in 1999 but it was 2003 this life assurance started. I do categorically recall being told it was something I had to have though.   Many thanks   E 
    • MP's are good for other things but for some reason are not very good for Council Tax.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
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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
      • 33 replies

Cabot/Mortimer claimform - Park motor/Blue Motor/Bluestone/five rivers old car HP 'debt'


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Hi All

 

Blumen Cheek.

 

I wrote to this bunch a few weeks ago requesting making lower payments etc

sent recorded

they signed and I have RM print out,

well all hell let loose 10 mins ago within the Mr household.

 

they took the money on the 24th?

 

can they do this,?

 

this has now left me short for other bills.

 

I am thinking that maybe they went for my throat because of my request to reduce payments?

 

I am going to cancell the dd today

and send a ' strong ' e-mail and another letter, are there any quotes I need to include.

 

Mr, Rather Angry

Regards..Mr Worried :)

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Dangers of DDs and using them - when in doubt don't. You can ask the bank to get the money paid on 24th returned if you can persuade them you have a genuine reason for doing this (i.e. in dispute with the company) - it is well worth a try.

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Hi cd

 

Well I called the bank and they said no,

 

 

I should have cancelled etc and they dont get involved in disputes,

 

 

I asked them why they had allowed a payment 5 days before it was due?

gave me a feeble excuse etc,

 

Since I mailed Blue Motor today ' am ' I have recieved 3 calls from them asking me to contact their 0845. number.

 

Mr, NOT SHOCKED BY TACTICS AT ALL.

Regards..Mr Worried :)

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Ring the bank again and quote the Direct Debit Guarantee at them - you had asked the company to vary the amount taken, which they did not do and if they took the money on the wrong date, you certainly have a solid case. If you get no joy with the phone monkey, ask for a supervisor.

 

Tell them that you will make a complaint but you want the funds returned in the mean time

 

Banks operate a direct debit guarantee. In this, if a customer disputes an amount that has gone out of their account by direct debit, they can contact their bank and ask for an immediate refund

 

 

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Hi cd

 

I was on the phone to them when your message came through, I told them that the company said they would not take this months payment as we had a dispute, the bank say cant get involved as I have nothing in writing and they knew nothing?

 

Mr

Regards..Mr Worried :)

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That is absolute rubbish - which bank is it? Remember, you are the customer. If tne company has taken the wrong amount on the wrong date - the bank must refund at your request.

 

 

http://www.bacs.co.uk/Bacs/Consumers/DirectDebit/Pages/DirectDebitGuarantee.aspx

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CO-OP. they said they are aware of the dd scheme but I had not informed them not to pay, there saying that they took the dd on the correct day. I will have to speak with Mrs W when she gets home cos ave not seen her since am.

Regards..Mr Worried :)

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Don't stress about it it - try tomorrow and ask for a supervisor/complaints department to get it resolved. They can reverse it and then you can then make a proper arrangement with the finance company.

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Please Double click the Star and leave a message if I have helped you

 

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  • 4 weeks later...

UPDATE UPDATE

 

Blue Motor agreed to reduce my payments for 1 month untill I provide them with THEIR I+E. lol. I asked them why they require this and they said so that we can see your spending!

 

I have no intention of giving them anything whatsoever.

 

Mr W

Regards..Mr Worried :)

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Update

 

Blue Motor have sent me an I+E to complete, do I have to do this? and if not then what are my reasons for withholding the info? as I wish to write to them.

 

Mr W

Regards..Mr Worried :)

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You do not have to provide an I and E, only a court can request this - tell them that you have examined your I and E using guidance from CAB, HMCS and National Debtline and that your circumstances only allow you to pay the amount of XXXX at this current time. Request a period of reduced payments until you can sort this out. A repayment arrangement is going to be better for them than trying to take action.

 

There is I and E info on CAG,CAB and National debtline website, take a look.

 

Is this an HP agreement as you need to take care to avoid repossession. An HP agreement is classed as a priority payment for I and E so you must look at it as such. However have you looked into applying for a time order? some info in the link below. Also may be worth contacting CAB - I do not approve of their debt management approach but they can be very helpful

 

http://www.consumeractiongroup.co.uk...The-Rest-Of-Us

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  • 7 months later...

WoW just had a visit from this mob, introduced himself etc, re my vehicle said he was acting on behalf of Park Finance ( never heard of them ) and they want arrears or he was taken vehicle.

 

So I told him to do so, he went red, huffed and puffed then ' pretended ' to call for a van to collect my vehicle, I said how much is your fee for calling out, I asked him about doorstep visits without an appointment, he replied we ignore all that rubbish and its not the law.

 

Told him to go away and I will not speak with him. ha stayed within my garden and had the phone to his ear, I offered him a car key and he just walked away.

 

Strange thing is this......I was only £700.00 in arrears and we were working on a repayment plan, then I dsar'd them ( Blue Motor ) then all of a sudden he appears.?

 

Waddya recon

 

Mr W

Regards..Mr Worried :)

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What sort of finance agreement is it - HP? how much of the agreement have you paid so far - is it more than a third?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 1 month later...

I had a hand written note through my door yesterday (so clear that my mother in law saw it when she brought my son home from school) asking me to call a John regarding my park motor finance agreement. this note was written on the back of a financial information form.

 

I am in arrears with Park, but the only letters I have received from them are monthly one stating that they have added a charge onto my account for being in arrears.

 

I am going to call him today and luckily I have some cash available to pay some arrears - but any advise?

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  • 2 weeks later...

Hi All

 

As Blue Motor hassle me more and more, even sending a rep to my home to do an I&E, my question is this...Can I apply for a .Time Order' ( sure thats the name ) myself,? to enable me to explain circumstances etc and hopefully obtain the reduced payments, I have paid more than 70% of the loan too.

 

Mr W

Regards..Mr Worried :)

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Mr Worried, some information below in respect of Time Orders. There is a link to National Debtline below where you can get more advice, or you could ask Sequenci to pop in on your thread. Just send him a pm with a link to your thread
:)

 

 

Time orders are a relatively little-known aspect to the Consumer Credit Act 1974 which allow a debtor an extended period of time to repay a credit agreement. They work by allowing a court to extend the time in which an agreement should be repaid, thus reducing the amount of the instalments. Supplementary provisions within the act go further still as they can reduce or vary interest and even suspend the repossession of property. Time orders are particularly effective in challenging high interest agreements such as payday loans and sub-prime secured loans. Another excellent aspect to time orders is that they can amend amount a creditor can claim in post-judgment contractual interest. This blog post barely scratches the surface when it comes to time orders, if you are keen on doing further research two cases that you may wish to investigate are First National Bank v Syed (1991) and Southern and District Finance v Barnes (1995).

 

 

When can a time order application be made and how much is an application?

It is possible to apply for a time order once there have been two missed payments on an agreement. These missed payments should trigger an arrears notice to be sent by the creditor. At this stage the debtor can give the creditor fourteen days notice of their intention to make the application. If an account has already been defaulted or terminated an application can be made straight away, there is no need to inform the creditor. It is also possible to make an application after the creditor has brought legal proceedings. Time orders can be relatively expensive, in some instances as much as £150. The fee depends on the point at which the application is made; it is possible to apply to the courts for a discount or exemption if the applicant meets the qualifying criteria, e.g. they receive a means-tested benefit such as income support.

 

A brief note about the application process and associated fees:

 

Unsecured credit (e.g. loans, overdrafts and credit cards)

 

If an application is made before court action, the form to complete is the N1, the fee is £150 (unless fee exemption/discount is possible). The applicant will need to provide the court with a copy of the letter that was sent to the creditor giving 14 days notice. If an application is made after default/termination then the letter will not be needed, the same form is used with the same fee. If legal action has been bought an application can be requested either on the N9A form (free!) or by completing the
N244
link3.gif
(£75) at any time.

 

Regulated secured loans

For secured loans the form to complete is the N440 (£150) if the loan has been called in. If legal action has already commenced a time order can be requested - either as part of the defence via the N11M (complete box 6) (free!); or via the N244 (£75) as part of the proceedings.

 

Hire-purchase / conditional sale agreements

Prior to proceedings an application can be made once an arrears notice has been served, the form to complete is the N1 (£150). If an application is made pre-default/termination the applicant would need to give the lender 14 days notice in writing first. Once defaulted a letter need not be sent. If court action has been brought a time order can be requested by completing the N9C form (free!). If the return of goods order has already been granted an application can still be made via the N244 form (£75).

 

For further information in relation to the time order process/fees take a look at this
National Debtline fact-sheet
.

 

Why would the court make a time order?

It is important to understand that a time order application is only likely to be successful if it can be demonstrated that the reason for requesting one is financial difficulties. The courts will also usually want to see that the situation is likely to improve at some point in the future. A Time order may not be granted on a permanent basis, it could be that the original instalment amount will have to be reverted to in the future. A court is more likely to consider making a time order a permanent fixture if the nature of the credit agreement is particularly onerous. On balance, it is likely that a court will decide to make a time order provided that it is ‘just’ to do so.

 

 

To give you an idea of they can do, here are a few scenarios when a time order could be requested:

 

• An owner of a vehicle on hire-purchase has defaulted on their agreement and the lender is able to repossess without the need of a court order.

• An individual has fallen out of work and can not longer meet their payday loan which has a very high interest rate.

• A homeowner has defaulted on their Consumer Credit Act regulated secured loan and the lender wishes to repossess.

• A vehicle secured under a bill of sale arrangement is likely to be repossessed due to the arrangement defaulting.

• A regulated creditor is looking at making the debtor bankrupt.

 

Although the actual time order itself is only a relatively small part of the process it opens the doors for other areas of the act to be considered at the same time. The fact that the courts can ‘open up’ the credit agreement to amend the interest rate holds huge significance, especially as more and more short-term loans are offering exorbitant interest rates. More recently the 2006 amendments to the 1974 act have given the courts even greater powers to investigate unfair relationships and to amend agreements if they feel it is right to do so. It’s likely that these new powers allow the courts greater scope to amend agreements on a more permanent basis compared to the more temporary time order route.

 

If you are keen on making an application for a time order please beware that some judges may not be up-to-speed with the process or the effects (no real surprise there then). Preparation is key to any court process, if you are in doubt with how an application works please seek further support and assistance – either via this forum or via a trained money adviser or solicitor. If you are keen to find out more about the more technical aspects of time orders please feel free to drop me a line.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sorry about the way the previous post has formatted. It is the book ad squishing everything over :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CB,

 

Thanks for the information. I have decieded to write Blue and explain situation and ask for their assistance, if they dont play ball then I will apply for a TO.

 

Ta Much

 

Mr

Regards..Mr Worried :)

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  • 8 months later...

I took the vehicle from the road over 6 month ago, and have not paid any payments for 16 month,

lots of calls and threats from Blue etc,

 

 

I have just had the vehicle MOT'D and along with various quotes from other mechanics etc the best price to sort MOT is circa £900. which I dont have.

 

Now Blue call every 2 days blah blah, Why have they allowed 16 month without a payment?

 

I prob have a few choices,

 

1..Surrender the Vehicle???? consequences??

2..Time order from the courts? ( no use for vehicle as no work )

3.. Make an arrangement for the outstanding 3k (aprox) to reduce payments???

4..SAR them as the garage where was purchased fiddled the figures to 'push it through' and they have racked up loads of charges.

So where do I start on this one, should I chat on the phone with them, although I know thats not the thing to do.

 

Mr Confused.

Regards..Mr Worried :)

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  • 1 year later...

Hi All, hope your well.

 

I have a hp agreement with Blue Motor and 2 yr ago I stopped paying etc re no work blah blah, Blue offered no assistance and so I ignored them, I now have a letter from Bluestone credit management advising me that five rivers purchased the hp agreement from Blue Motor and they appointed Bluestone as asset managers ?????

 

Question is amongst all this confusion is......Who do I speak to? what do I ask for? cca or dsar?

 

They ring 5 times per day etc, need to request they stop calling etc.

 

Mr

Regards..Mr Worried :)

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your are not alone

 

there are a few like threads of recent here

 

the CCa goes to whomever in demanding money off you

or

 

when they do,

 

sar if you need all the statements goes to the OC..

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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