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    • A huge amount of what you put is totally unnecessary. Surely we can summarise this into a small enough paragraph to allow it to fit into the basic moneyclaim limit? Also, I don't know where you get the defamation stuff from. Leave it out. It lacks credibility, just complicates your life. Deal with one issue at a time
    • Here are the Particulars of Claim for the OD:   Name of the Claimant ? Hoist finance UK holdings   Date of issue – 05 May 2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>   The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.     The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this CCJ claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No
    • Also, what is the actual name of this outfit and do they have a website or Facebook page?
    • Thanks for the heads up. Set your diary date for about 15 days and start checking the County Court site from about day 14 and the first moment that you can apply for a judgement, just go ahead. Don't hang around don't muck around just apply
    • Hi, I have read a few to be honest, but I didn't find something that was actually the same to me. Many stories involved 3 parties (i.e. customer got a parcel lost with Hermes as delivery company but bought in Ebay or other), other regarded only the full cover or standard delivery and other had a smaller value (i.e. £100) and they were happy to settle at the mediator point.   I might have missed some and I will look at it now in more details to see If I see something else similar.  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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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Hi

My son worked in Dubai until losing his job in January this year.

Like many others here he left the country rapidly due to bounced security cheque leaving behind a debt ( years rental loan) of approx. £11k

 

His Dubai bank account had money left in it and direct debit continued to service loan until April

He hoped he would get a job back here in Uk and continue paying it off

 

Unfortunately soon after securing a job here he underwent life saving surgery and was on sick pay for 8 weeks His contract was terminated and obviously he could no longer afford payments during this time

 

CDW contacted him wanting full settlement of now £ 19k

 

We sent them income expenditure which showed a negative balance ( he has no assets) but they have now sent a statutory demand for full amount

 

If he files for bankruptcy ( I'm assuming as he has no assets they will not bankrupt him ) will the Dubai debt be included in the UK bankruptcy

 

I would appreciate any advice you can give.

Thankyou in anticipation

Nicky

( worried mum)

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Yes the Dubai debt should be included. If your Son has no assets, then perhaps he should write back to CWD saying he would welcome them applying for his bankruptcy and for them to ensure the Dubai debt was properly dealt with in the bankuptcy.

 

I doubt CWD will be instructed by their Dubai clients to go ahead with bankruptcy, as it will cost them money, they would not get back.

 

If they don't make your Son bankrupt, it might be worth him looking into it. But he has to do this within 3 years of the Dubai debt being created, Limitations period in UEA is something like 20 years, meaning that if the debt is not cleared by bankruptcy if necessary, then the Dubai creditor has a very long time in which to try to enforce in a UK court.

 

There are companies out there who specialise in bankruptcy from abroad. If you search for that online, you will find one and they can provide helpful advice in this topic.

We could do with some help from you.

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Thankyou Uncle Bulgaria . I think bankruptcy is sadly the best option both for the short and long term future

To have the possibility of this hanging over his head for possibly 20 years is an awful thought

We will contact CDW as you advise

I assume we just let the statutory demand run its course ?( we have been given 18 days to "set aside" )

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The statutory demand is just a document CWD have issued and is not registered anywhere such as a court.

 

It gives them i believe 6 months to proceed with bankruptcy if they choose to do so.

 

So yes, your Son does not need to do anything, if he does not want to avoid bankruptcy, as it could relieve him of this debt.

 

The other issue which is odd,

is that creditors are now required to go for a CCJ first and only then if the CCJ is not paid,

other options including bankruptcy could then be followed up.

 

So makes me think they issued the SD to see if your Son would be panicked into borrowing money off familiy to pay the debt.

Edited by honeybee13
Change of username

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

 

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

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That wouldn't surprise me at all re the panic tactic

I read that too re CCJ first

Does seem a long winded way to reach the same conclusion :(

Thankyou again for your advice

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They can't issue an SD

Its fake ignore it. Out of jurisdiction

 

Neither can they issue a CCJ out of jurisdiction for UK courts

 

Its all to make you/him panic

 

You've sent I&e now ignore

 

Shame he paid whilst in the UK...

That's why they think they can mug him with a fake SD

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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If the UAE contract does not restrict rights to only use UAE courts, then a claimant can issue UK court claims.

 

See one case precedent that is used https://en.m.wikipedia.org/wiki/Maharanee_of_Baroda_v_Wildenstein

 

If the debtor is resident in the UK and the creditor is not restricted in bringing a UK court claim then they can do so.

Then it is open to argument.

 

Whether they can issue an SD and start bankruptcy proceedings without an unpaid CCJ would be subject to argument.

 

But of course the SD was issued to frighten the debtor.

 

If they have no money or assets, then the creditor would most likely lose money.

But that is their choice.

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

 

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

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All good

You don't need a CCJ to be in place for them to issue an SD

 

It . the SD form can be downloaded by anyone and filled in and sent off to a supposed debtor

 

in early 2000's was the UK dcas favourite trick to frighten UK debtors into thinking the were being taken to court

 

The truth is the court has nowt to do or know about the SD until or if the fleecers send it to the court

Which they never do in 99\100 cases

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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The UAE contract does not limit rights just to the Emirates.

CDW sent us the contract which shows that

 

You're right DX re scaring people

 

The SD does initially look like they are taking it to court and even name the court

giving us 18 days to have it set aside.

 

as shown below

Part A Appropriate Court for Setting Aside Demand

Rule 10.4(4) of the Insolvency Rules 2016 states that the appropriate court is the court to which you would have to present your own bankruptcy petition in accordance with Rule 10.48 (1).

 

In accordance with those rules on present information the appropriate court is:

***** County and Family Court *** Street ****

 

Any application by you to set aside this demand should be made to that court.

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CWD are not the original creditor so cannot bring an SD in their name

it must be the owner of the debt that files it or CWD must be operating on behalf of their client the owner.

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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  • 1 month later...

Just a quick update.

Son responded to CWD

to say he would not be contesting any bankruptcy action.

 

Not surprisingly have heard nothing more from them since :)

 

Will let you know if anything changes

 

Thanks all again for support / advice :-)

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Glad to help

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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  • 1 month later...
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