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    • have you written evidence it was hacked?    
    • well you see the thing is that document could have come from anywhere here on CAG their filing cabinet then all they do it type your details in....no they wouldn't do that would they....   its supposed to come from the original creditor, and a correct return typically does have a tick box with your typed name by it and the IP address used and the time of it etc etc.   sadly cabot are masters and have alot of filing cabinets..... lots of claimform threads here on cat debts   is the address the correct one for time of sign up?   dx    
    • OK got access to the SLC portal and there is absolutely nothing there for the 1996 loan that Shoosmiths are dealing with, only a subsequent loan I took out in 2002.   What does that mean, if anything?
    • My son is in his 30's and he is very gullible.   The letter from his bank states " that they have contacted the retailer's bank and they believe the transaction to be yours. If you do not recognise this payment contact the retailer as they will be able to provide you with a more detailed information. Should you be able to provide further evidence to support that the transaction was neither made nor authorised by you, please contact us."   The bank also provided the delivery address and the name of the retailer.   How do you provide further evidence to support a transaction that was not authorised by you when the account was hacked through scammers?
    • So they have to basically provide full proof that I checked a box in agreement to validate that CCA? And at the minute it's basically just a piece of paper with my name and (old} address on it?   Is it worth putting in another IA a little nearer the time demanding this again? Stating that? Giving them enough time to legally comply, but not too much 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

SLC threatened Default on Sbd? loan - Paid £1000! can i get it back?


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I recently paid a £1000 debt to student loans - as they sent me a default notice - and I panicked as didn’t want my CRF damaged again - ( having now a clear record ) so paid immediately by debit card.......

 

I’ve just found out that they ( student loans ) should of not sent the default letter to me asking for immediate payment - as they would of known it was statute barred ?

 

Do I have case ? Or because I paid up I am stuffed - so too speak ?

 

Any info much appreciated ?

 

Thanks

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you mean SLC?

expand.

 

although statute barred makes no odds IF you are correct it IS

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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moved to the SLC forum

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

Yes student loans company

So in hindsight. The debt was statute barred when they sent letter threatening to default the account.

 

So I paid them without any research whatsoever in a blind panic.

 

As it was statute barred and they knew that fact but still sent a threatening letter - do I have a case too claim money back ?

 

Thanks

 

DX what does last comment mean ( sorry confused ) ? You state ‘ IS ‘ ?

 

Thanks

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how do you know its SB'd.??

 

doesnt matter though payment is considered a gift. even if SB'd

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

Limitation is a defence that can defeat a right of action (e.g. breach of contract).

 

A person/company can still ask you for the money even if the claim is SB, and try and sue you for it despite limitation passing, and it is up to you to raise a defence of SB.

 

It is why many creditors try and get back door CCJs etc when they know a claim is SB in the hopes people will not raise a limitation defence.

 

I cannot see how you could claim this money back - as i said SB doesn't mean they can't ask you for it, it just means you have a genuine legal reason why you don't have to pay it anymore

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how do you know its SB'd.??

 

doesnt matter though payment is considered a gift. even if SB'd

 

Because hadn’t paid or even acknowledged it in over 7 years

 

Thanks DX

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ok well as long as it was the old style pre 1998

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
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