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    • Have you put a formal claim into Hermes? I think you should put formal claims into Hermes in respect of each one. I suggest that you leave it about five days apart so that they are treated completely separately. Hermes of course will refuse to compensate you – but then we will help you begin a legal action against them. Once again, I think that your best interests will be served by claiming and suing for only one of them – and then the second one separately once you have the result of the first one. We will help you all the way – but you need to start off by reading around the stories on the sub- forum about Hermes complaints and actions against Hermes. You need to understand the mediation process – and there are lots of good summaries on the sub- forum. Also you should read around on this website about the steps involved bringing a small claim in the County Court. Begin the claims process with Hermes so that you get a denial of liability – and then we will go to the next step.
    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format
    • As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name .
    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
    • Well reading the bullet points is essential. If you think that the bullet points are a correct account of what happened and you are prepared to stand by this account and even eventually sign a statement of truth – in the event that this goes to court – then it is worth going forward. If you think that this is not a correct account then probably we have to stop. If you have received documents from the van driver's insurance then it may be correct not to respond to them at the moment – but we would like to know what those documents are. I'm amazed that your own insurers haven't sent you any formal documents. As I've already said, send them the SAR straightaway. Also I think that separately you should phone them tomorrow and ask them what's going on and tell them that you want documents relating to their finding that you should be held liable for the accident. See what they say about this. They may say that they are not prepared to disclose documents to you. Once again, I've already suggested elsewhere that you should read our customer services guide and implement the advice there. This is essential. My prediction is that if you want to deal with this then you will have to sue the van driver in the County Court for negligent driving. This will be a small claim and so the outlay to you would be relatively minor and you would not have to pay the other side's costs in the event that you lost. I would expect that your outlay would be only about £200. If you won then that would change everything in terms of getting compensation for your car and also in respect of the cost of repairs for the damage vehicles. Also, it would assist on your other thread in dealing with the extortionate price that you been required to pay for the car – which I think we've already indicated is a complete scam. I think you had better start learning not to trust anyone. You can trust us – but you have to make your own judgement on that score – that there is certainly no one else that you can trust in this. Would you eventually be prepared to take a small claim in the County Court? If you have no experience of this then talk to 1 or two people but also read up on this website about the steps involved taking a small claim in the County Court. It's straightforward but you need to know the steps in advance. You will not need a lawyer – but if you did decide to get a lawyer then it will be very expensive and you won't get the money back even if you win.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • 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
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lowell backdoor Cat debt CCJ - now court bailiffs?, how much will this harm my future?


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Hi I am so stressed out.

I've been at a University address since recently and came home to parents house to discover i have had a CCJ filed against me last month for an old catalogue debt and have been ordered to pay £50 per month with the first payment due in the next few days.

 

I don't dispute the debt I just have no money and as I have now just completed my final year at Uni I am technically unemployed.

 

I will be moving back in with parents very soon and am worried a bailiff will be paying me a visit and cause great embarrasment and distress to them.

 

I've done some preliminary research but it looks very complex to me.

Whether I apply for it to be set aside, or ask a court to change the amount, it all involves paying a fee which I don't have.

I think in order to get help with fees you have to be on JSA/unemployment benefit? I don't want to do this.

 

Just wondering what is likely to happen now?

The amount of the debt is "only" around £300ish but I can't afford anything until I get a job.

 

If the bailiff comes and I don't let him in,

I know they can't force entry as long as doors are locked etc but what is the worst they can do?

Can I just ignore him completely?

Any advice greatly appreciated

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Hi and Welcome to CAG

 

If you are happy to accept the Judgment and will ing to pay ..you convert it a more affordable payment arrangement through the court,

 

Using the N245...the fee is £50 unless your exempt.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-160c-Court-Fees-are-you-exempt.-**Correct-as-at-April-2018**

 

Thread moved the appropriate forum

 

Regards

 

Andy

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Thanks Andy.

 

Just as I feared unless you're officially on a unemployed benefit or receiving help with something, it looks like I'm not eligble for help :-(

 

Does anyone know a way around this?

 

To clarify;

I'm living with parents,

just finished uni,

unemployed,

no money,

deep into an overdraft and don't wish to claim JSA or anything.

 

What can I do?

 

EDIT: Just realised something at the bottom of that topic.

The county court this was claimed via was Northampton so wouldn't be eligble anyway?

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Ask the Bank of Mum & Dad ...or speak to the claimant and arrange a payment plan...most prefer to do it through the n245 rather than direct...because its court approved and if not through the court the claimant will contacting you every week to see if you can increase payment.

We could do with some help from you.

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Unfortunately that bank is not an option, and my payment plan offer to them will likely to be £1 or £2 per month (until I get a job).

 

I'm just wondering if there is there any motivation for them to entertain my "offer" when they already have a CCJ instructing me to pay £50 per month?

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As its already been set as monthly payment you could consider a redetermination..this is free if done within 14 days of the date of judgment.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

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Your not re read post # 4.

 

Make them an offer...far better than not attempting anything.

We could do with some help from you.

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True I just know from past experience what these debt collection people/agencies are like.

Most of them are just trying to do a job, no doubt under pressure from their superiors with targets etc but their compassion for people struggling always seems very low.

 

I will contact them and try and make a token offer until I gain employment, but what if they reject it and just go through their script of referring me to organisations that can help? Just make the token payment anyway?

 

I'm sure whatever I say or offer "enforcement action" is probably inevitable :-(:-(

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Well as per your thread title...given as your unemployed...I assume no assets.....no savings....not much they can do..whether you pay or not.

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Am I correct in saying that a bailiff can't be used when the debt is regulated under the CCA?

 

Only HCEO Sham not court Bailiffs

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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...see post #29 in your link

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The Judgment creditor can accept less than than the Court Judgment amount set..( it was the claimant that set amount when they requested judgment)..so not a problem.

 

If we knew who the DCA was we could hazzard a gues as to whether there is history of them ever doing it on a CCA agreement.

 

I would ask for conformation in writing that you have agreed this payment plan....just in case.

 

Lastly the fee to execute a warrant is currently £77.00 MCOL and £110.00 manually

 

Andy

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Thanks a lot Andy

The creditor is Lowell I know they have a bad reputation but it seemed like the woman on the phone was really genuine, but doesnt mean to say she doesnt have more unforgiving superiors.

 

Yes she said I'll be getting payment plan through the post. I really doubt its going to explicitly state "if you continue this payment plan, we won't enforce the debt" as it would mean I could take over 10 years paying it off haha, hardly worth it for them when they have the CCJ?

 

 

So £25 to apply for the CCJ, and £77 to enforce it? Thats almost certainly more than they paid for the debt isn't it?

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Not heard of Lowell executing CCJs with Court Bailiffs.....and they wont for a judgment of £300

We could do with some help from you.

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Excellent thanks for the reassurance.

In any case they would have to send a letter giving me 7 days notice ahead of the first visit, right?

 

I have quite a few debts with them, this was for the lowest amount. Do you think its likely they purposely chose to pursue a CCJ for this one to see what my reaction would be and if I would immediately pay up? As if I did, I'm sure they would apply a CCJ on the other accounts too to get the money ASAP?

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Doubt it...what would be the point...they know theres no gold in there hills...now you have informed them with regards to this judgment.

We could do with some help from you.

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Like most things on the internet I've seen a lot of conflicting information about this and was wondering if anyone could actually categorically clarify what the deal is?

 

I've recently got my first ever CCJ and am worried sick about the future and what it could prevent me doing.

I don't plan on working in finance, but i've seen things and even topics on here i've searched (from 2012) that suggest it has prevented people from doing jobs you wouldn't think of all because the company performed a credit check.

 

The no mortgage thing isn't a big deal to me, but i'm seriously considering a career in the civil service or the police force and am worried this could be held against me?

 

Some say a CCJ isn't much worse than a default, but it is right? Much worse?

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Depends on the individual circumstances...your assets your employment..your future aspirations....and where your at at this particular time in your life.

 

As in your case tom as we conversed considerably today

 

Your unemployed at present....so no effect cant attach to your earnings and in future unless you wish to work in the finance/legal industry..not a problem.

 

You reside with Mum & Dad... so they cant get a charging order or force sale your property.

 

You have no savings or assets....so they cant make you bankrupt or use a third party debt order.

 

The Judgment only shows on your file for 6 years then falls off...no trace.

 

 

Someone else....who is say asset rich cash poor..it could be bad all the above could apply..

 

Someone else...who is keeping their head above water ...just..it could be devastating ..they could have charging order placed on their property or even forced to sell...attachment to their earnings etc etc

 

So different for everyone....and their particular circumstances

 

Can be a lot worse than a default...subject to the individual

We could do with some help from you.

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