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    • @Tom Price   Thank you for your note, which is very helpful.   Did VCS cite the following cases?   1. VCS v Ward 2. Semark Jullien   VCS threw the two cases to me in the last minute at my previous hearing. The judge accepted the extra WS and adjourned my case for me to read/defend it. My case is going to be held on 30th March.   Thanks!      
    • Hi,   So, I received a letter today from a debt collection law firm threatening CCJ action on behalf of Volvo/Santander for a voluntary termination of a vehicle. (I did request Volvo/Santander that a complaints procedure be started as I think the terms of the contract were miss sold but alas, they ignored me and went straight to CCJ action via a debt collection law firm!).   I digress, anyway, so the letter was addressed to me, it included my original signed contract, but, there was another document inside. This document was another hire contract with some other person details on it!   It includes:   Their full name Their address and postcode Their handwritten signature Their email address Their mobile telephone number Their debt amount Their vehicle registration    Is this a breach of the data protection act? On the flip side, my details could be in the hands of someone else, who knows?    What should I do now, is this a trump card that I could use if this matter does actually go to court? I did intend to argue against this debt in the first place.   Any advice on this would be most grateful!   TIA         
    • Hi guys   I received a county court claim form on Thursday dated 18/02/2021 saying that the claimant (CABOT FINANCIAL (UK) is claiming for the sum of £2140.14 on behalf of  NEW DAY LTD RE MARBLES. but it requests all documents to be sent to MORTIMER CLARKE SOLICITORS.   Now i think i did have a marbles card a while ago although my partner says that that was a capital one card.   But either way i don't like the idea of these parasites chasing me for money for a debt they probably bought for £10.    From looking around here it seems that i should be sending them a CCA request and a CPR 31.14.   I've bought a £1 postal order.   Is there anything else i need to do?   Thanks for any help given
    • Yes that is an absolute must. Generally the Council has no wish to see people committed to prison for Council Tax debt. They want to see the debt recovered where it is properly due and the debtor has the ability to pay. If he hasn't that ability they will take into account the debtor's financial situation and make any arrangements they can. But only a court can remit some or all of the debt. The more you engage with the Council the easier this will be.
    • I think you'd need to have formally noted you were working under protest at the time. 
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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

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Hi This is the second post I have going at the moment but I really need to clarify.

 

Back in 2009 I took a second mortgage.

I had a fixed rate for 4 years then went to tracker.

 

After 4 yrs and credit crunch I said to the lender I would like to change my rate to be told I couldn't as it was a secured loan not a mortgage.

I stated no its a second mortgage and all my paperwork refers to it as a mortgage.

 

I now also own my own home Mortgage free (still own and selling the property with the second mortg,)

in my paperwork it states I can transfer the loan onto the new property.

 

I called them (The company who now own the second mortgage as it was sold which was in term and conditions apparently)

I was told because I don't have a mortgage on the home I live in now I cant transfer it.

 

They also say its a loan not a mortgage.

They also told me it was covered by European Mortgage which I said it was under £25k so covered by CCA.

 

I complained they agreed they were giving wrong information but I notice their paperwork no longer refer to it as a mortgage but loan.

 

What can I do

Is it a Mortgage or a loan.

If its a Mortgage then I could have reduced the interest rate years ago.

 

Are they pulling a fast one.

 

The settlement figure means I am just in neg equity

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moved to the mortages and secured loan forum from debt management companies forum.

 

and the company is?

 

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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your post contains a lot of confusing references that make it difficult to answer your question.

 

For example you refer to being mortgage free and later to a second company

( company who NOW own the second mortgage but dont say who either of them are and whether you received a proper assignment to the newco)

they certainly cant change the origianl terms so read them very carefully and see if anything the newco has said breaches that agreement.

 

so more detail needed,

how much was the loan/second mortgage for and what was the loan period?

 

Are you saying original mortgage now paid off but this one outstanding?

 

does the agreement allow the lender to claim penalties if the mortgage/loan rate is variable

 

What is the settlement figure as it cant be more than the original amount with a variable interest

because if it was a loan that had a fixed amount added to it

and then calculated as an apr over the lifetime of the loan this can never have a variable interest.

 

It looks like you will be complaining to the FCA and FOS about this

but get all your stuff sorted out first so you can be exact in waht you complain about.

 

lastly what is entered on the deeds of the property?

How the loan is expressed will tell us a great deal,

you may not have to pay them upon selling your house

and that will leave them chasing you with nothing to hold on to so you cann then argue at your leisure

Edited by honeybee13
Paras
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