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    • When a Debt Collection Agency (DCA) is assigned the debt after purchasing from the original creditors, they will add the debt to the credit record replacing the previous entry from the original creditors . The debt should be less than 6 years old from the date you defaulted making payments.   When you receive letters from a DCA, they should state the name of the original creditors you had the credit card, loan, overdraft or other debt with.   Do you still have the letters from the DCA's ?  If so, please provide details of the DCA, the original creditor named and the debt amount. If not, your online Credit Record history should contain information.   Never throw away any letters you receive from DCA's or Banks etc where they concern debts you owe. The letters may contain useful information.   Have you moved address since getting into debt ?  Did you provide your new address to all companies you owed money to ?
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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  • Recommended Topics

Arrows/restons HSBC Unsecured managed loan - now Masquerading as Overdraft.


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Hi guys,

 

Really feeling a bit as though I'm in over my head and could do with a bit of help from you. Without going into masses of detail straight off the bat, the background is:-

 

In 2005, I got into difficulty and my bank wrapped up all my credit card debt, overdraft, and loan into a 'managed loan', total of which was circa £10K.

 

Fast forward to 2011, I was again in trouble, had an accident in August 2010 in which I broke both legs, which was the start of the slippery slope and to cut a long story short, I defaulted on this loan, of which there was £3193.00 outstanding.

 

Also took a parachute account and left my current account, which was £59.00 O/D.

 

Various letters received over the years but I've now had one from a notable Solicitors which appear frequently on these pages. Claiming £3252.00 for an overdraft, how convenient.

 

I sent a letter back requesting that they comply with pre-action protocol and stating that as I have never had an overdraft even approaching that amount, could they provide the detail.

 

They have responded basically telling me to review my own paperwork etc.

 

Can you help me please?

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First of all you should be telling us which bank/lender this is. Also who are the solicitors?

 

You should send off an SAR immediately to the bank/lender and hope to get all relevant documentation which they hold on you.

 

Do this immediately because it will take 40 days.

 

I suggest that you write the solicitors and confirm that you never had an overdraft and any loan which you might have had would have been in the form of a formal unsecured loan.

 

Tell them that if they propose to take court action that they will have to supply the information you require in any event and that if they failed to give it to you now then you will draw this to the attention of the court who were at the very least take it into consideration when considering the question of costs.

 

Tell the solicitors also that in anticipation of their refusal to cooperate you have sent an SAR to the clients in order to get all the relevant documentation which you expect will confirm the position.

 

Tell the solicitors that in the meantime your enclosing £1 statutory fee and that you require them to provide you with a copy of the CCA within 12 days.

 

I'm afraid that until you give us more information about the situation, we are really fumbling about. You should certainly tell us the identities of the people you are dealing with – or are you trying to protect them?

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Hi Bankfodder,

 

Firstly, it was HSBC, the DCA is Arrow, and the Solicitors is Restons. Because HSBC wrapped up all my debt into this managed loan, I wasn't allowed to have an overdraft. So the a/c number they are quoting was my old current a/c with no overdraft and was only £59.00 in debit because they added charges when I abandoned it.

 

What they are quoting in their letters to me is the current a/c number (which is not the loan a/c number) and claiming this loan as an overdraft. I have sent them a letter requesting that they follow pre-action protocol and provide me with the detail, but they've basically thrown it back to me. Can I post their reply here anywhere?

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aha the old HSBC managed loan debacle.

 

lots of very good threads here already

they merge everything into a loan

then a few months later dump it into an overdraft and sell it on..

 

you can scan up the letters to pdf

follow the upload Clickme guide

 

don't be afraid of rectums

we eat them for breakfast here

 

shame you sent that PAP letter..

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 you have a claimform?

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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std rubbish from rectums then.

 

 

you need to get an sar off to HSBC pronto

 

 

and if you use our search CAG box in the top red toolbar

and get yourself up to speed on HSBC managed loans

 

 

we've beaten them several times on these ML debts.

 

 

they purposefully use the OD account number to get around the CCA.

 

 

which is why the sar will be important to prove how the OD get so high.

what are they claiming £?

 

 

shame you sent that PAP letter

you've given them a target now

 

 

its always best NOT to enter into ANY pointless letter tennis with any DCA or their fake/tame solicitors

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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They're claiming £3252.00, of which £3193.00 is the managed loan.

 

I'm not sure what you mean that I've given them a target now?

 

Surely, they are guilty of non-compliance with PAP and telling downright lies?

 

In claiming that the account relates to an OD that I didn't have.

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but that's not for you to decide

its for a judge IF they issue a claim.

 

 

because you think its wrong

does make their PAP wrong.

 

 

99% of letters powerless DCA's and their fake/tame solicitors send out are to gander a resonse

- you fell for it.

 

 

no DCA has any legal powers

thy ARE NOT BAILIFFs

 

 

they have no more powers than you or I

- that's is if we think someone owes us money we can issue a claimform.

that's ALL they can do...

 

 

and ofcourse you've tipped them off upon your probable defence

so they'll now know to obfusecate things accordingly 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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Sar asap hsbc

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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