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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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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

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I was on repayment plan with Uncle Buck paying £20.00/ Month and always on time, anything missed (3 payments already)

 

now I received this email

 

We have reviewed your account and currently our recommendation will be to either instruct an external debt collection agency to collect your outstanding debt or pass your details to an external litigation company who may instigate legal proceedings in the form of a County Court Judgement, Third Party Debt Order, Attachment of Earnings or Bailiff Enforcement.

 

You will receive further communication about the course of action we intend to take within the next 7 days.

 

We also have plenty of ways for you to make your missed payment.

The fastest way you can do this, is by using one of the options below:

 

Visit our payment portal here.

 

Or login to your customer login portal here.

 

Alternatively, you can telephone our automated payment line on 01959 543400 and choose option 2 and follow the instructions

 

If you would prefer to speak to a member of the team, all you need to do is call us on 01959 543400 and choose option 3.

 

We do not want to take this form of action, we would prefer you to speak to us and discuss a way forward so please contact us immediately.

 

You can also provide us with a copy of your income and expenditure via our website. It’s so simple, just visit our Budget Planner page and once completed we will be in contact.

 

Why they doing this if I was repaying?

Outstanding 180.00£ no problems never with my payments

Edited by dx100uk
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Why they doing this if I was repaying? Outstanding 180.00£ no problems never with my payments

 

What were the original loan terms ?

 

Have the terms been changed since ? E.g. You agreed a different repayment amount.

 

Unclebuck and similar companies don't manage these accounts for long. They lend the money and after a period get a DCA to collect payments due.

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

 

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

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I sent Formal Complaint Regarding Irresponsible Lending due to so many loans and big debt and finally we agreed to repayment plans

 

I had this email on the 27.04.2018

"Thank you for your recent email.

 

After reviewing all the information you have provided we are able to offer you a repayment arrangement of £20.00 per month which will be reviewed every 6 months.

 

All interest and charges will be frozen during the arrangement.

Please be aware that non-payment on the agreed date/s may result in the agreement being cancelled and then being subject to additional interest and charges as per your loan agreement.

 

To accept the offer, please confirm the following:

Is this affordable?

Confirm your pay date?

Confirm your pay frequency?

Finally if the card ending 0493 is still valid to process the payments?

 

Please respond within 7 days to confirm, failure to do so may result in further activities from our collections department.

 

Please advice

Edited by dx100uk
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You lodged a complaint about IRL and they came up with a £20 a month repayment plan?

 

 

Sounds awesome!!! If you're Uncle buck....why didn't they write this off?

 

 

Besides let them pass it on to a powerless DCA they won't be getting paid, and you can drop the payments down to £1 a month for the life of the debt, clowns.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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did you refer that to the FOS?

moved to the 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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YES, I did, I was complying to FOS but not this situation as I received email today that they cancelling my plan

 

I don't think they have cancelled any arrangement. It is just a clumsy handover from Unclebuck to a DCA.

 

Up to you. Just continue to pay what you agreed until paid off or you have another look at your overall debt situation by getting advice. If you have more debt than you can really service, perhaps you should be looking at what actions you can take.

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

 

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

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