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    • 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.        
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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

ignored claimform - Vanquis Credit card debt order of payment received


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Hi

 

My mother in law passed away recently

 

during this time I got a claim form for a credit card.

I had too much going on and still do and couldnt respond to claim form.

Default judgement

 

Claimant then asking for £50 to pay instalments each month on £600 debt by 19th of last month, couldn't pay, didn't even think about this.

 

Court have now ordered I pay full balance by Monday 06/11/2017 or will pass to bailiffs

 

I can't afford this and can't bare the thought of escalating debt collector charges too.

 

I am not sure what to do

 

Can't even bring myself to speak to the claimant, never have done.

 

The debt was with vanquish credit card on high rates with quite a few £12 late payment charges.

 

They have the last 2 letters of surname the wrong way round same on the actual account itself.

 

Not sure if this is in any way relevant.

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Hi

 

My mother in law passed away recently

 

during this time I got a claim form for a credit card.

I had too much going on and still do and couldnt respond to claim form.

Default judgement

 

Claimant then asking for £50 to pay instalments each month on £600 debt by 19th of last month, couldn't pay, didn't even think about this.

 

Court have now ordered I pay full balance by Monday 06/11/2017 or will pass to bailiffs

 

I can't afford this and can't bare the thought of escalating debt collector charges too.

 

I am not sure what to do

 

Can't even bring myself to speak to the claimant, never have done.

 

The debt was with vanquish credit card on high rates with quite a few £12 late payment charges.

 

They have the last 2 letters of surname the wrong way round same on the actual account itself.

 

Not sure if this is in any way relevant.

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what do the orders say, was there an instalment order.

did the last order give the option to object.

one poss option could be a time order application.

another could be a further realistic instalments application, or perhaps a set aside if applicable.

not sure as your post is bit vague on the full circs.

but, you'll need to act quickly.

IMO

:-):rant:

 

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Sorry.

 

Notice of issue of warrant

 

I have ordered to make a payment to the court on Monday. There's no option to dispute this.

 

The original default judgement included a instalment option.

 

I have my my mother in laws death certificate of this helps

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ok, so you need to try and get the the warrant suspended, and try for a realistic instalment order or set aside if applicable. form n245

a bit late, but it ould still be done

IMO

:-):rant:

 

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How would I set this aside.

 

Do you think I should speak to the claimant and ask them to withdraw if I agree to a payment plan?

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cant see you being able to get this set aside if you ignored the claimform totally.

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 failed to attend the first hearing and failed to submit a defence so Court rightly issued a Default Judgement against you. No offer/payment was subs made, so Co rightly applied for full payment of outstanding debt.

Co may yet consider a sig down payment & binding repayment plan. This is your 'last chance saloon.

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How would I set this aside.

 

Do you think I should speak to the claimant and ask them to withdraw if I agree to a payment plan?

agree with the guys, a set aside doesn't look like a way forward.

you could try and see if the claimant will agree to a suspension of the warrant application.

if suspended, you'll then have to stick to the payments ordered otherwise the warrant will kick back in.

IMO

:-):rant:

 

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think your idea the best Ford

stick a variation order in by an N245

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
Hi

 

My mother in law passed away recently

 

during this time I got a claim form for a credit card.

I had too much going on and still do and couldnt respond to claim form.

Default judgement

 

Claimant then asking for £50 to pay instalments each month on £600 debt by 19th of last month, couldn't pay, didn't even think about this.

 

Court have now ordered I pay full balance by Monday 06/11/2017 or will pass to bailiffs

 

I can't afford this and can't bare the thought of escalating debt collector charges too.

 

I am not sure what to do

 

Can't even bring myself to speak to the claimant, never have done.

 

The debt was with vanquish credit card on high rates with quite a few £12 late payment charges.

 

They have the last 2 letters of surname the wrong way round same on the actual account itself.

 

Not sure if this is in any way relevant.

 

Do you have a solid defence? If so, you might try for a discretionary set-aside (CPR 13.3). Even so, the court might not allow the set-aside as you could have / should have defended the claim.

Otherwise, follow the advice you've had.

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fair point. even if the family bereavement was accepted as a reason for not dealing with the claim, there might not be much in going for a set aside if there is no realistic defence as you say. apart from perhaps trying to avoid a ccj via a tomlin, if it was set aside. but, then any tomlin wld need to be adhered to. and, if not set aside, then poss stung for hearing costs re. etc.?

IMO

:-):rant:

 

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