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    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
    • I agree. They are putting you back in the position you'd have been if they'd said what they should have ( "We can upgrade you to Sky Q. You'll need a new dish to use Q. If you want to revert to the non-Q system in future it'd need to be a 'hybrid' dish that supports both".)   I don't think you can realistically expect more.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
    • yes they will and the contract if they request a further hearing.   .......................   n244 .......   i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.   i do believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.   i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.   i claim the cost of my set aside fee from the claimant should i be successful.    
    • Hi   1. Have all seven residents complained officially to the Local Authority of the overgrown conifers and had a response in writing?   2. Were the Local Authority informed that the several residents were employing a contractor to cut back their conifer trees due to them being overgrown?   I would also suggest asking the contractor that carried out the work if they could do a letter for you explaining the work they carried out and the advice given about trimming as they remain the LA property.  
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rjp1963

Landmark Mortgages - posted debt file to Experian

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Some history

- I had a mortgage with Northern Rock,

which was then transferred to NRAM

and now to Landmark mortgages.

 

Today I checked my Experian report, and Landmark Mortgages have posted an arrears file going back 5 years without notifying me.

 

Sometime ago I was unable to pay my mortgage fully so have a 19K arrears which I am now negotiating with them to make a repayment plan

- for the last year or so the mortgage payment has been made monthly via Standing Order for the full amount plus a small over payment so the arrears are declining.

 

My question?

Whilst the arrears were accumulated with NRAM as I paid via standing order no credit file was ever posted to Experian

- Now this file had been posted my score this month has declined to very poor 355 score.

How can I address with Landmark?

 

Surely they cannot just post a file to Experian like this when I have no signed credit agreement with Landmark?

 

Haven't they bought the debt from NRAM?

 

All advice gladly accepted

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well sadly they can if no previous reported default was ever showing for your mortgage?

but if at anytime someone has already reported a default then NO THEY CANT .

 

they inherited all rights of the original lender when they bought the mortgage

though you should have had letters of assignment telling you its being sold on?

 

 

as for you overall situation

i'd be getting an sar running and get all the statements from day one.

 

 

as I bet you've all manner of unlawful reclaimable charges [fees]

like

arrears

letters

phone calls

debt management

 

 

and probably all manner of unnecessary insurances? like life/PPI/contents etc etc?

they only thing you MUST have in place is buildings.

and that's only if you didn't already have it?

 

 

have a read of this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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