Jump to content


  • Tweets

  • Posts

    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
    • A government-backed firm is looking for new ways to get people to put money aside for a "rainy day". View the full article
    • Hi 1983 and welcome to CAG   Bear with us as it gets quieter here over the weekend.   CCA requests will not be appropriate for the bank account overdrafts.   Before further suggestions are made about CCA requests from the creditors, can you give us approx opening dates for each of the 5 CC a/c's and the bank loan a/c.
  • Our picks

    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Please note that this topic has not had any new posts for the last 879 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Thanks for any help guys,

 

I am just going through old letters and paperwork to sort out and have just opened a letter from Collectica regarding an old HMCTS debt.

 

This must have been an old court hearing regarding somebody saying I hit them from behind.

 

I never did and in fact it was the car next to me speaking a language I could not understand that had hit the car.

There was no damage to any cars and I phoned the police at the time to make them aware.

 

We are going back some 7 years.

At the time There was a court hearing that I did not attend (I was going through a very difficult at the time with hospital and letters was the last thing on my mind)

 

upon coming out of hospital (1 month in) I attempted to sort the mess out and did a stat dec.

Rather silly but I got the date mixed up and missed the court date by 1 day.

 

fast forward and I have a letter from collectica

 

dated mid july 18

 

warrant of control and gives 14 days to contact them.

We are now 30 days ahead.

 

I know I should not be paying a single penny I never touched any car.

But that wont stand up aywhere and there is a 2k amount that I guess I just dont have a say in other than to pay it and shut up.

 

I am hoping for some advice in terms of perhaps setting up a payment plan and not to have baliffs turning up at the door.

 

thanks for any help guys it is much appreciated..

Link to post
Share on other sites

you sure this is for car damage and not a PI claim?

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

fine for what?

 

 

ring HMCTS and find out whats behind 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... 

Link to post
Share on other sites

You mention that the letter was dated approx a month ago. As you had not responded to Collectica to make a payment proposal within the 14 days, it would be usual for an enforcement visit to have made an enforcement visit by this time.

 

The only way to stop enforcement is to either pay or to approach your local magistrates court to request a hearing for a Statutory Declaration. The court MAY advise Collectica of the application but this is not guaranteed.

Edited by Andyorch
Quote removed
Link to post
Share on other sites

I have already made a stat dec before and I got the date wrong so never attended.

 

I am going to try and ring them tomorrow give name and dob and see what they say.

 

Unhappy to make a payment plan and pay for something I did not do but for an easy life will accept that if it is an option.

 

Perhaps it has already gone to far though if it has been passed onto an outside company.. ?

 

I have done a fair bit of reading tonight and it seems that I am stuffed and the only option is to make payment in full.

 

It is unlikely that agents will accept any kind of a payment plan.

 

Amount is for over 2k and my understanding is that they can ultimately force entry.

Link to post
Share on other sites

so what were you fined for..do you know?

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

It has to be linked to car incident that I was blamed for (genuinely I did not touch any bodies car but that is not the point here).

 

 

this letter has come out of the blue but I don't want partner getting knock on the door from the local thugs.

Link to post
Share on other sites

well you need to find out what motoring offence you've committed

ring the HMCTS as advise 24hrs ago...……

no good speculating findout!!

 

if you've moved since the incident then everything went to your old address, you wouldn't know anything about it till bailiffs arrive.= your current situation

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

yes, will call in the morning. Not sure that it matters what the offence was though does it? they want 2k regardless or are you seeing an angle?

 

this is the first letter regarding this at my current address.

Link to post
Share on other sites

well if you didn't receive anything prior then someone has dropped the mic here.

don't just roll over and accept what you are going thru.

 

once those in the know have the details...rather than guessing

then p'haps we can limit the damage .

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 am not persuaded that this debt relates to a road traffic accident unless of course you were charged with criminal damage (which would account for why the debt is being enforced as a criminal court fine).

 

Please do post back once you have spoken to the court. Given that the offence had been approx 7 years ago, the account would be managed by the HMCTS Historic Debt Team. Their telephone number is: 0300 1239252

Link to post
Share on other sites

ok it turns out this is linked to 2 separate incidents

going back as far as 13 years!

 

criminal damage and not paying for a train ticket.

 

 

The court said the total amount was just under 2k but I not that baliffs are asking for more than 2.2k .

 

They have only written 1 letter which I believe they can bill £75 for but not sure how they are getting to the higher figure. Without adding it up it looks as though they have already charged for a visit but they have certainly never visited.

 

 

Courts would not deal with me in terms of payments which I knew after reading a lot on this forum.

 

So guys should I just get my card out and settle this?

Link to post
Share on other sites

yes

 

so was ye old historic debts teams

 

shame about the train one as the majority of those can mostly be settled out of court but too late now.

 

glad you resolved 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... 

Link to post
Share on other sites

there is no harm in writing to the bailiff Co and asking for a full breakdown.

 

they'll have no choice but to accept a payment plan

the only issue might be your side in how much they want PCM over how many months to clear it mind.

it wont be many months either

 

im not sure if back history has any relevance here but in case it does

can you outline what happened in each case, the train fair and the criminal damage

 

did you simply ignore everything

or moved away not getting any paperwork or what

dates would be useful too.

 

it could be that the smallest detail to you means nowt

but to the experts means loads.

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
It turns out this is linked to 2 separate incidents going back as far as 13 years!

 

Criminal damage and not paying for a train ticket. The court said the total amount was just under 2k but I not that baliffs are asking for more than 2.2k .

 

They have only written 1 letter which I believe they can bill £75 for but not sure how they are getting to the higher figure. Without adding it up it looks as though they have already charged for a visit but they have certainly never visited.

 

Courts would not deal with me in terms of payments which I knew after reading a lot on this forum.

 

With the debt to the courts being £2k, I would suggest that at present, you focus on this and not so much on the fees charged by the enforcement company (which by the way, would most likely be correct.....after all, the Notice of Enforcement is dated ONE MONTH ago and unless you have been at home all day, every day, since that time, you would not know for certain whether a visit had or had not been made).

 

I would assume that my suggestion to you to ring the Historic Debt Team was correct. If so, then you would need to be aware that all debts under their control are ones that have been difficult to collect mainly because of changes of address etc. If is for this reason, that many of these debts become subject to a Section 14 Statutory Declaration.

 

Taking each debt individually, were you previously aware of these court fines?

 

Did you make any previous payments to the courts in relation to any of these fines?

 

Did you ask the HD team for confirmation of the address where all previous correspondence had been sent?

 

If so, were you living at that address at that time?

Link to post
Share on other sites

Yes I was aware of all court fines and believed they would go away. I was young and it was about 13 years ago.

 

I am surprised tbh that they still stand after so long.

 

I believe letters would have gone to parents address but mail would not have been passed on.

 

payment of less than £100 have been made.

I did not make these payments.

I can only assume somebody else paid this using an incorrect account number.

100% I have not paid anything.

 

I did not ask about address but years ago letters had gone to parents address but I have not lived there for many years now.

 

I don't wish to get into conflict with these people over the phone.

 

would you advise, email or phone call?

Link to post
Share on other sites

If you don't want to make a phone call, emailing probably isn't a good idea because they can contact you for free. BA suggested writing, I imagine they meant a real letter.

 

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites
Yes I was aware of all court fines and believed they would go away. I was young and it was about 13 years ago.

 

I believe letters would have gone to parents address but mail would not have been passed on.

 

Payment of less than £100 have been made. I did not make these payments. I can only assume somebody else paid this using an incorrect account number.

100% I have not paid anything.

 

I did not ask about address but years ago letters had gone to parents address but I have not lived there for many years now.

 

You mention that you were aware of both fines and that payments of £100 had been made to the courts (maybe by your parents). With this in mind, it would be very difficult indeed to apply to court for a Section 14 Statutory Declaration given that such an application would normally be permissible if made within 21 days of you 'becoming aware' of the fine.

 

You are wanting to know whether you should telephone Collectica or email them. What it is that you want to discuss? Are you looking to set up a payment plan?

Link to post
Share on other sites

why would I want to record the call?

 

That is the advice from this forum.

 

Nobody attached to me paid any of the fines.

Some how somebody unconnected to me has paid into the wrong account.

 

And yes to discuss a payment plan.

It does not seem like I have any other option.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...