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    • Hello, I'm reading this as I have a similar problem - booking.com are refusing a refund and the accommodation are not replying to my emails. I have found the details for the CEO of booking.com but not the UK director of customer services. Please could you share this with me? Thanks. 
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    • Dispute with Vodafone and get copy invoices last invoice 2016 no balance on old number I have invoices upto nov16 showing no balance brought forward just before upgraded.   you say above you have all the bills that state a zero balance up until nov2016 are they in the SAR return too,? and all the ones after nov 2016?   the account number in the poc is this the same number as on those bills you have? and the number on the pages of the comms log you uploaded? as the comms log appears to show payments were being made right through the period you say the bills you have all show £0? then being transferred to other invoice numbers  , do these invoice numbers the payments were transferred too match the invoice numbers show £0 balance you have?          
    • no go back and read my guide earlier CAREFULLY...
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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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uncle buck/moriaty law (the claimants) served me with an N279 notice of discontinuance in February

which i thought was the end but today uncle buck have gave me the usual threats about what will

happen if i dont pay... yep you guessed it!! court action..

 

i am wondering why they discontinued in the first place.

 

best regards

regards

hunterandthehunted

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  • 2 weeks later...
Well they cant do court action again from my understanding. Im guessing this is an MMF debt passed to Mor Law?

Hi,

Actually it never went to a DCA, Moriarty law where the acting solicitors for uncle buck and on the discontinuation notice it says amount due £0.00.

 

As uncle buck are now stating that the account has been recalled and is still outstanding my worry is that they will

sell it to a DCA and the process will start all over again.

regards

hunterandthehunted

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no-one ever sells to a dca, that is the point. They pass it on but the dca is just a mouthpiece and cant do anything other than make noise

 

so after the discontinuation can the OC pass it on to another DCA and then go to court again.

if the answer is yes what is the point of the discontinuation apart from it can no longer become statute barred

regards

hunterandthehunted

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what is the point of the discontinuation apart from it can no longer become statute barred

 

Why?

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A notice of Discontinuance simply stops a ongoing claim..the claimant can represent the claim with permission of the court.

 

A notice of Discontinuance has no connection to statute barred.

 

A court claim can stop the clock on limitations.....if its discontinued then the clock starts to tick again from when it stopped.

 

Some DCA do buy debts...Lowell/Cabot/Moriarty/Arrow/1st Credit/Link/Hoist to name a few.

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A notice of Discontinuance simply stops a ongoing claim..the claimant can represent the claim with permission of the court.

 

A notice of Discontinuance has no connection to statute barred.

 

A court claim can stop the clock on limitations.....if its discontinued then the clock starts to tick again from when it stopped.

 

Some DCA do buy debts...Lowell/Cabot/Moriarty/Arrow/1st Credit/Link/Hoist to name a few.

 

hi andy,

i understand that the claimant needs permission from the court to represent the claim but are they allowed to pass on the debt or sell to another DCA thus allowing the DCA to start another claim without permission from the court.

 

yes so the statute barred clock has been reset... crafty buggers

regards

hunterandthehunted

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Yes they can still assign it on to another debt buyer..but I will state that I have never seen it happen on a discontinued claim...you may get chasers but thats all..they cant litigate..

  • Confused 1

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Yes they can still assign it on to another debt buyer..but I will state that I have never seen it happen on a discontinued claim...you may get chasers but thats all..they cant litigate..

 

thanks andy,

i will post back if another claim is made.

regards

hunterandthehunted

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hi andy,

i understand that the claimant needs permission from the court to represent the claim but are they allowed to pass on the debt or sell to another DCA thus allowing the DCA to start another claim without permission from the court.

 

yes so the statute barred clock has been reset... crafty buggers

 

No the sb clock is NOT reset read andy's post properly!!

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 pdl 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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  • 4 weeks later...

update...

 

just received this e-mail by uncle buck

 

Dear Mr...........

 

Goodbye

 

 

We would like to inform you that Uncle Buck Finance LLP have assigned the legal and beneficial rights, title and interest in respect of the above referenced account to Asset Collections & Investigations Limited.

 

Asset Collections & Investigations Limited are authorised and regulated by the Financial Conduct Authority (reference number: 708400). They will contact you shortly and provide you with the Notice of Assignment, confirming the purchase of your debt.

 

All future payments and correspondence regarding this account must be directed to Asset Collections & Investigations Limited using their contact details below:

 

 

Customer Portal: https://secure.assetcollections.uk

 

Email: [email protected]

 

Telephone: 0330 808 1580

 

Asset Collection & Investigations’ office is open 8:00am – 7.00pm Monday to Thursday and 8.00am – 5.30pm on Fridays.

 

Post Asset Collections & Investigations Limited (ACI), Unit 1 Neptune Court 49, Whitehills Business Park, Blackpool, Lancashire, FY4 5LZ

 

Regards

Collections Department

Uncle Buck

http://www.unclebuck.co.uk

regards

hunterandthehunted

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I have updated your thread title hunter.

 

Regards

 

Andy

We could do with some help from you.

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  • 5 months later...

update

 

just received a default notice from asset with the promise of court action if not remedied.

Are DCA's allowed to issue a default notice?, and shouldn't of uncle buck issued one before selling the debt on and if so is a second one legally allowed to be issued?

regards

hunterandthehunted

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already defaulted is it not?

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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already defaulted is it not?

 

yes but i am wondering once a claim is issued and i send the obligatory cpr request, could they rely on the latter DN as i suspect that they will not have the former DN which was obviously issued by uncle buck?

regards

hunterandthehunted

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urh?

 

the debt is already defaulted

 

bogpaper unless they change the registered defaulted date on your file which they cant

against ICO rules.

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 don't.

 

when did you take this account out?

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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strange its not showing on your credit file then

are you at the same address? still

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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No....nor default it....but if everything is tickety boo with the arrangement why assign it ?

 

Any account assigned to DCA must have broken down and been terminated...as a DCA can not offer live credit credit arrangements...only collect.

 

 

Andy

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 The National Consumer Service

 

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

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