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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • 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.
        • Haha
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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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Debt letter from Lantern - Possibly statute barred - next steps?


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I have received a letter today from Latern (formerly Motor Mile Finance) about some old short term loans from around 2012. This really is out of the blue, I've heard nothing from them for as long as I can recall and this letter was actually sent to my previous address but was re-directed.

 

It is quite a jovial letter, it reads "So, dust off the BBQ, enjoy the sun and take this opportunity to clear your debts before winter approaches". They're offering up to 60% reduction.

 

This is a summary of the debts:

Quick Quid £512 - Last payment date: not shown

Northway £838.88 - Last payment date: not shown

Think Finance (UK) Ltd t/a 1 MONTH LOAN: £350 - Last payment date 19/06/2012

 

At least one of the debts (probably all) are 6 years since last payment / taking out the credit so are possible statute barred. None of these debts appear on any of my credit records (Experian / Equifax / Noddle / MSE credit club)

 

1. What is the best approach with these to avoid acknowledging but ensuring it doesn't escalate to CCJ for example?

 

2. The address on the letter is my previous address (moved 1 month ago) and the debts relate to an address before that one. Should I do anything about this? I have a postal redirect in place for next 6 months but don't want a door knock at old address because the new tenants know me and my new address.

 

Note that since these bad days of pay day loans in 2012, I have taken responsibility for my finances. I'm a long time YNAB user and have my finances under microscopic control. I have no CCJ's but I do have a some defaults from 3 years ago that are now either satisfied or in a steady arrangement. I'm on the way to cleaning myself up so I don't want to make an error and set myself back.

 

Any advice is welcome.

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SB is a complete defence if it goes to court. To prevent a Backdoor CCJ - Update your address with them - This is not accepting liability of the debt.

Just stops them from playing backdoor CCJ :)

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yep

those are discount offers

so probable SB'd now.

 

just remember a DCA is NOT A BAILIFFS

and have

ZERO legal powers

 

if you could findout they are SB's that would be a BIG bonus

as you could send our SB letter for each one and kill them dead.

 

ring the original lender?

look at old Bank account statements ?

 

have a try to findout before you send anything to them

 

moved to the MMF forum

  • Confused 1

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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Many thanks for taking the time to reply.

 

fkofilee: Thanks, when the time comes to correspond with them I will update the address but I have decided not to engage with them right now as per the next post. My postal redirection will pick up any further correspondence.

 

dx100uk: I've done some digging and actually found I have a lot of information. I had 6 pay day lenders on the go totalling £3300 in 2010. I've managed to find some old spreadsheets, letters and partial downloads of bank statements. It appears I had a meltdown in April 2010 and wrote a letter to all 6 payday lenders stating I was in a financial crisis and put in a formal CCA request. I also switched bank accounts to stop any further payments to these lenders.

 

What I have found is:

Quick quid - last payment 26/03/2010

Northway was Pounds Til Payday (The Maltese based one) - last payment 26/03/2010

1 Month Loan - last payment 30/03/2010 however Lantern say 19/06/2012 so I may have made a later payment to stall or prevent action.

 

I think the reason I didn't pay any of the above was because they ignored my CCA request at the time or didn't engage with me.

 

I was also with Wonga in this era but cleared that debt and actually got a refund when they had the FCA investigation. Another lender was Cash Choice and that was cleared in full around 2010 as well.

 

PRA group also caught up with me about a month ago for the 6th pay day loan from that era with MEM Finance. I immediately issued a CCA request and have had an acknowledgement with collections put on hold and my £1 returned. The difference with that one is that I did make some payments as recently as 2015 so it is not in the SB league but I'm hoping they can't find the CCA.

 

I've decided to put a SAR into the 3 original creditors to get some hard facts about the debts and dates so I can pursue the SB route. In the meantime I will ignore Latern but I may send a "prove-it" letter to stall them if they appear to be getting enthusiastic about taking any action.

 

Thanks again for your advice, I will update when I next get some correspondence.

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No don't send anything yet

 

No harm starting an IRL complaint to each lender mind

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 don't send anything yet

I assume you mean sending anything to Latern? - If so, yes will refrain for now.

I also assume that the SAR to the original lenders is ok and won't cause any issue such as acknowledgement of the debt?

 

No harm starting an IRL complaint to each lender mind

Yes I will look into this. I've read some examples of these on the forum and I do fear that they will claim my self-declared income / outgoings at the time didn't suggest irresponsible lending but I may have some mileage in the fact that I had rolled these loans over for about 3-4 months suggest difficulty. I expect to get that confirmed with the SAR.

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Dont need sar- wont hurt no...

But send each lender. an irl complaint regardless!!

 

Its nothing to do with affordability...its to do with lending responsibly!!

If you already had numerous loans and default s they should not have done it

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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I'm worried that an IRL complaint will acknowledge the debt so I'm holding off on that one,

I think I've got a good chance of SB to just wipe the debt so I'm doing the SAR first and will take it from there.

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You cant reset nor unbar a barred debt by sending a complaint!!

Where did you read that rubbish!

Get on with it!

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 cant reset nor unbar a barred debt by sending a complaint!!

Where did you read that rubbish!

 

Ok, I understand. I didn't read it anywhere, just didn't want to poke the tiger, it had been asleep for 6-8 years and initially I wasn't interested in a refund, just a debt wipe.

 

Get on with it!

 

Thanks for your advice but I feel less haste at this stage is a better approach.

 

I imagine a properly prepared IRL has more chance of success and with that in mind I've spent the last hour reading about IRL's on this forum. I realise that I have insufficient records to put a coherent complaint together.

 

So I'm still doing the SAR first to ensure I have as much detail as I can. I'm even going to SAR the 2 lenders I paid in full at the time in preparation for an IRL. I'm fairly certain I rolled the various loans over between at least 5 and as much as 12 times or more. I can put a better IRL together with all the facts and will do it to all 6 lenders.

 

SAR's are printed and going in the post recorded delivery tomorrow. Also doing a SAR to the bank account used at the time to get bank statements for my reference because I have no records of my income / outgoings at that time but I remember enough to know I was in a real squeeze with lots of other commitments and debts that will show up.

 

Thanks for kicking me in the right direction even if I do sound stubborn about doing it my way.

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send sar's via 1st class and get free proof of posting from any PO counter.

that's all you need, proof it was sent. don't waste money on recorded

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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