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    • Well send off the letter of claim when you're ready. There's really no need to hang around. In terms of the particulars of claim – you don't need to send anything extra. Do not click any boxes.   I wasn't aware that you actually had to calculate the daily rate of interest. I'm giving a shout to my site team colleague @Andyorch
    • By the way, is there a telephone number for the mystery handset? Have you tried calling it?
    • Who made the complaint to the ICO? Did we recommend it? An uncharitable side of me wonders whether they aren't considering erasing all data in order to get rid of evidence of their bungling. Have you checked your credit file? I think you need to make sure the get copies of everything you can from anywhere just in case various records get cleaned up. I think should set about that straightaway although it's a nuisance. Keep a note of the time you spend doing it. Are you sure that the problems with Vodafone and also with Three were caused by your blighted credit file – blighted by virgin? Can we take it that your credit file before this was clear? I think it could be an idea to send an SAR to Vodafone and also to Three to see if they have any reference to the problem setting up your account with them and that those problems might have been caused by virgin. Your credit file also might show searches by Vodafone and also by Three. If there's anything else you can think of – then try to get the information.  
    • No they are not entitled to see payslips. Only if this ever went to Court and it was part of the Court process would this be required. So the information you provide needs to be accurate, in the remote possibility that your information is passed to a DCA who uses it in Court in the future.   Just enter all information onto your income/expenses sheet in Pounds Sterling.        
    • Hi, I am drafting the pro-rata letters and putting a income expenditure sheet together. One question, as I am overseas the expenditure currency is different to the debts. Are they entitled to see pay slips (also in anther currency which isnt indicated on the slips)?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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Prestiege Finance - Arrears / Possession Issues


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The hearing is for them to explain why they want to use the previous suspended order, it's not an eviction hearing and possession will not be ordered at their hearing. The judge will listen to their reasons and decide whether they can use the old order or that they have to start new possession proceedings.

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Ok - I am still a little confused - the original possession order was dated 15th March 2011 and so letter from their solicitor stated they were asking for permission to enforce the possession order due to the fact that it was over six years old.

 

Had a letter from the court dated 4th April 2017

 

1 in accordance with CPR 83.2.3(a) the Claimant has permission to enforce the possession order dated 15th March 2011 and be at liberty to issue a warrant of possession.

 

2 The possession order dated 15th March 2011 remains enforceable without the need for further leave or order of the Court for a period of 6 years from the date of this Order

 

3 The Order dated 21st March 2017 be set aside.

 

 

I then received a letter from their solicitor saying we have received our clients instructions to issue a warrant of possession . This means the Court will now allocate a date on which the bailiff will attend the property (letter dated 21st April 2017).

 

Then I have received this letter this letter saying that the application is listed for hearing.

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They will have realised that the original order is more than 6 years old and they cannot just use it straight away to seek possession, that is why they have applied to the court for permission.

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Ok it just seemed to me from the first court letter that they had been granted permission to enforce possession and that the next step was an eviction notice - it also seemed that was what was happening when I received their solicitors letter of 21st April - i was confused as to why there would be a hearing - I was expecting a straight out eviction notice

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I don't know how to explain it any different to what I have already posted - if you are still unsure give the court office a ring, they will be able to tell you what's happening (the court office staff are usually very nice).

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Sorry Ell-enn you are coming across clearly - I guess my confusion is coming from the fact that both the lender and the solicitor are intimating that eviction is imminent - from what you are saying they have to have permission as the original is over six years old and that is what the hearing is for - I assume this will be granted as although the amount of arrears is reducing I have missed payments and once granted then they will go for eviction.

 

I have been advised in the hearing letter that I should attend and I will but I sense that I won't have to say anything as I'm not really defending anything ? is that about right ?

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did you get that sar sent off?

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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You could submit a payment plan to the hearing and point out that the lender has waited a very long time to bring this back to court which is unnecessary.

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

 

 

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Its a different lender from the original possession hearing and a different one from when they tried to evict in 2014 - loan keeps getting passed on - these have only had it since December 2015 - arrears stood at £2321 when they took it on and by time I go to court on 22nd May they will be at £1370

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then nothing[previous court claims etc] is in their name and they can do stuff all?

 

are you being had here?

 

from a very old post..

 

Sorry no it was a consolidation loan taken out in 2009 with Ocean Money then transferred to Reliance and finally transferred to Prestige in December 2015 - one loan three different lenders have owned it

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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nice of you to let us know...

 

 

now, did you get the sar running today?

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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have you got the sar running yet?

 

 

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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Share on other sites
  • 2 weeks later...

and?

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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Share on other sites

No not as yet

- I need to see what happens on Monday first

- their solicitor has said Mondays hearing is to consider their clients request for a warrant of possession - upon the outcome of the hearing an eviction date may be set

- I am so sorry but I can't think about anything else till I get the hearing over with

- its on my mind constantly :(

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for more than a month now you been advised numerous times to get an sar running

that might have well provided useful information to blow the repo out the water.........

 

 

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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