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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
      • 33 replies

unknown Arrows/restons CCJ - Now N56 Statement of Means


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I have completed an N56 Statement of means form for a debt in my name.

 

I have a letter from Restons stating that they note I am married but have detailed no income for my spouse and to fully assess my offer of repayment they need to have sight of the whole household income. Is this true?

 

The debt has nothing to do with my husband.

 

I should also note that the court has thrown this out as I am self employed, earning little or no income.

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Have you a running thread on the full story already?

Rectums will always try it on

Did you lose the claim then?

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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Thread moved to Financial Legal Issues.

 

Yes you must list the household income in total ...but only yours is taken into account on the final calculation.

 

Regards

 

Andy

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Thank you Andy.

 

I have no previous thread on this as I had no knowledge of it.

 

The claim is for Arrow Global?

Apparently I had a CCJ for this, which I was not aware of.

 

It dates back to 2009 apparently ,

I have nothing on my credit file, but obviously it would have disappeared by now.

 

I only moved house last year, and still have a redirection on the mail from my old house, but have never received any communication regarding this.

 

Out of the blue in early December I received an N56 from the court seeking an attachment of earning for a debt of just over £6,000.

 

It looked pretty scary as in, if you don't reply you could be arrested.

 

I replied, stating I was self employed, provided details of my income from my self employment and a note to say, I have no idea what this is about.

 

I then got a further communication from the court to say that as I was self employed there would be no further action from them.

 

I then received a letter from Restons over the Christmas period stating that if I don't supply them with my husbands income details they will apply to the court for enforcement by way of a Warrant of Control.

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Ah ...good job you explained so you have already done the N56 and as you are self employed...its useless.......under no circumstances must you reveal anything to Restons.

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

 

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

 

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urm..outside of 6yrs?

they cant enforce it?

 

 

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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What Month from 2009 did they attain judgment ?

 

How much was the Judgment for ?

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

 

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

 

If you want advice on your Topic please PM me a link to your thread

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OK called the court. The Judgement was granted by default in June 2010, by default, and for £6900.

 

How does this effect anything ? And what should I say to restons. They say in the letter they will apply for a warrant of control.

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Well its over 6 years since the judgment so if they wish to execute by way of a Warrant of Control they will have to make application with hearing (£255) to request permission and explain why they have left it for this long period to execute the judgment.

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable.

 

The term “action” only applies to the commencement of fresh proceedings on a judgment,

it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old.

 

In a particular case of Warrants of Execution/Control, these must be renewed after 12 months if they have not been enforced.

 

Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Regards

 

Andy

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

 

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

 

If you want advice on your Topic please PM me a link to your thread

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why?

 

 

I suggest you go read andy's reply again...carefully!!:-)

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 would

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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Simply wait and see if they wish to pay £255 and make an application...the court will inform you if so.....otherwise...ignore them.

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

 

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

 

If you want advice on your Topic please PM me a link to your thread

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  • 1 year later...

that's good!!

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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