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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
      • 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

Cabot/Restons MBNA Card CCJ and i didnt know i had it. ***Resolved***


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they've had over 4.5yrs 'to do something'.

don't be fooled that they didn't knoww where you were at the time of the CCJ..

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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All a solicitor is, is a guy with a library of books on law, he picks up the book relating to their clients case and reads up on it.   Then charges the earth for doing so, IMHO solicitors are as us

Thanks, the fees changed on 3rd August to £14. I paid over the phone and they confirmed it was the new fee for N245.

As the judgment must be more than £5K if the court fee was £410.....I would be submitting an application to get a monthly payment in place( N245) ...then you wont have any worries if and when the Bailiffs will come knocking.

 

Andy

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The info from the court is in post 24 and all i ever received

. It doesn't state how to pay so I’m assuming they can ask the full amount.

Are you saying I should try and resolve? 


There is also a link to Cabot website which I haven’t accessed but indicates that a payment plan can be agreed electronically or a reduced settlement amount. Is that not an option? 

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As it approaches 6 years its obvious they will execute the judgment for that amount.....if you make application to vary the payment first they cant execute further.

 

Put it through the court not Cabot...then its rubber sealed....fee is £50

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It came from Northampton bulk, is that where i return?

Also on the document it asks for the warrant number and local number, the only  numbers i can see in the documentation is a case number and the account reference number do i use these?

 

i believe the fee is being reduced to £14 from 3rd August.

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Yes if it was a default judgment.

 

Claim number.

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I have submitted the form to the Northampton County Court.

Just to confirm the fee for this is now £14 if any others are doing the same.

 

In the meantime i have received another letter from Cabot this time referring to an Abbey National overdraft of £1200 from 2007.

I know for a fact that any account i had with Abbey was closed that year as it is the time i entered a joint dmp with my ex.

 

I also know 100% that no payments have been made since July 2013.

Any payments that were made prior to this did not come from my account.

 

Am i right in thinking overdraft debt is treated differently to credit card debt?

also do i wait until they submit some form of detail about the debt or do i make a request?

there is nothing in the letter, just the usual we want to work with you.

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Bless them not (Cabot haha) trying it on , see if what ever they send next?   Abbey National? long time gone.     Statute of Limitations act comes into force ?  dependant on your location & last contact with them,     

 

 

Limitation Act 1980 - Wikipedia

Edited by Old Cogger
:mad2::-x:jaw::sad:
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Thanks,

my communication only started with them recently when i discovered the CCJ which was the main purpose of the thread and subject to N245 which i have submitted.

 

No details at all about Abbey just a reference number and as you say Abbey became Santander in 2010 long after i had closed my account with them.

 

I will wait for the next letter...................

I'm sure it will be along soon but I'm tempted to ignore all communication around this unless something specific arrives.

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Ignore......not sure how you got away with a fee of £14 fro the N245......its £50 as per HMRC fees.

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So it has......thanks for the heads up

 

• Application to vary (amend/change) a judgment (or order), suspend enforcement or suspend a warrant of possession or stay a High Court Writ. £14

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf

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  • 4 weeks later...

N245 was successful ?

We could do with some help from you.

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:thumb:  Topic title updated.

We could do with some help from you.

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  • Andyorch changed the title to Cabot/Restons MBNA Card CCJ and i didnt know i had it. ***Resolved***

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