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    • Mediation has been set for this coming Thursday 
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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
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Cabot old Vanquiscard CCJ - now Warrant of Control


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Sorry for the short notice and need for help, a family medical emergency kept me away from and I've arrived back to a letter from Worthing County Court.

 

The court have issued a Notice of Issue of Warrant of Control over a debt with Creditor of Cabot Financial.

 

After total panic I've done some searching through my papers and the following is as brief an account as I can give of what I think has happened.

 

Several years ago we had financial troubles and got a credit card (Vanquis) which gradually crept up and up with them constantly increasing the credit limit.

It ended up at about £3400.

When our problems spiralled I buried my head in the sand and didn't pay.

 

Move forward a few years,

not over 6,

 

I and others were being bullied by a boss.

The stress of this caused me to become extremely ill with stress and depression.

 

It was going through the Union and looked favourable that I would get helped but events illy my mental health was so bad I just quite the job and the union case just to put an end to it.

 

During this time I am ashamed to admit I pretty much became a recluse and stopped functioning.

I suspect at some point around then Vanquis sold the debt to Cabot, who got a CCJ.

 

There is probably paperwork, I don't have any to hand and I didn't go to court.

 

With sheer force of will, I somehow managed to get well again.

It's been slow going but in March I was finally able to return to a job part time, money is tight but I'm gradually paying off any debts that happened.

 

But now I am terrified that next week the court will send in bailiffs over this debt which the stigma and stress of, is surely going to send me back into oblivion.

 

It says I can go for a N245 form? I want to do this but need help.

 

I want time to pay back every penny, but it won't be masses of £ at once as I simply can't do it.

 

What can I do?

Edited by dx100uk
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Are you currently on benefits or low income ?

 

Is the debt amount correct ?

 

It might be worth getting hold of all records from Vanquis e.g. Bank statements, to see whether it is worth asking for a set aside of the CCJ.

 

If you are on benefits or very low income you can apply for exemption of any court fee for making such a set aside application.

We could do with some help from you.

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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

 

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We get a bit of children tax credit but we wouldn't fall into a low enough category for any help I don't think.

 

I have to get a N245 into the court by Monday I assume.

 

the letter is dated 14th June but I've only received it today.

 

So I don't think I have time to go into asking for account details, would I?

Edited by dx100uk
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you can do both send vanquis and sar its free

get that N245 running.

 

don't worry to much about court bailiffs

they are not like the TV lot [HCEO] and are not on commission

 

once he is aware theres an n245 en route you wont here from him again

there no forced entry on consumer debt anyway.

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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That's good to hear, I assumed they would try to break in. The problem as well is I'd likely be at work so the only person home would be my teenage daughter and it would terrify her.

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Speak to your daughter about this.

Tell her not to unlock/open the door without checking who is at the door.

 

If it is a bailiff then she just need to inform them you are not in and an application has been made to the court.

 

But if you get the form submitted to the court and advise the bailiff company they may put this on hold.

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

 

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its a court bailiff the court will advise the bailiff

 

thread title updated

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

But if I have to pay by Monday or they will send out a bailiff and the court don't get the letter until Monday, will someone turn up in the meantime?

 

There is no way I'd put my daughter through answering the door and talking about this to anyone, she's only young.

 

Are they likely to grant me a monthly plan? It's the only way I could pay it back.

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she doesnt have to answer the door

simply ignore them.

 

stop believing what yo see on tv like cant pay we'll take it away prog

these are a bailiff sent by the court.

they are your friend not your enemy.

 

yes on the n245 is where you offer monthly payment.

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

I'm completing the N245 and getting confused. In income I've put my salary, I also get child benefit and small tax credit but my daughter is about to finish college so this amount will drop soon.

 

So 1 - do I put current or new amount.

2- it says "others in my home give me" so do I include spouse income?

 

There is nowhere else to put the spouse income but if I don't list that then what do I put for outgoing so as they are the bigger earner

 

Thanks

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You inc it yes

But it doesnt form part of your income.

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

I've put all income and total family expenditure which isn't leaving much, but I've been honest with my figures.

 

I've offered everything that's spare.

 

I just hope it's enough.

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Email

Enquiries: enquiries-worthingcc@hmcts.gsi.gov.uk

 

Enquiries: 01903 221 920

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

 

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how much have you offered?

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
how much have you offered?

£29 and that is pretty much taking every spare penny after bills and living.

 

As we are trying to get back on our feet.

 

As my health improves I hope to find more hours of work but now this is it.

 

I'm guessing they will turn it down?

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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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Share on other sites

Submit it anyway...we cant advise on whether they will or not...I dont think they have much option but to accept.

 

 

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 thread please PM me a link to your thread

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I would offer

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... 

Link to post
Share on other sites
I would offer

 

Oh I see. Although it's taking pretty much what I have spare each much I want to get as much of it paid off as I can. Im trying to see whether I can get back money I have leant to family a couple of years ago to give me a little to offer as an initial payment too.

 

I wish I had never gotten involved with Vanquis. The interest rate was absolutely jaw dropping anyway and I was the classic case of them constantly raising the credit limit. Still lesson leanred...

 

I've submitted the form and now I am a nervous wreck waiting for the response.

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have you allowed for emergencies in your I & E its better to offer £15 than £30 if that really puts you on the edge

 

Yes, I've allowed myself £20 in there under housekeeping. I want to explain to them that I hope this will eventually go up once I'm well enough to find full time work again. Even if they could accept this for the first few months.

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