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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • 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
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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
        • Like
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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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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Before sending an LBA to send them I would send an official letter asking for Reasonable Adjustments (i.e. Large Print) under the Equality Act

 

Have a look at this Equality Advisory & Support Service (EASS) link: http://www.equalityadvisoryservice.com/app/answers/list/kw/reasonable%20adjustments%20letter/search/1

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi thanks for reply,

it's not relating to anything from the past.

 

I was told to leave a service station with my Guide dog at the end of May as 'dogs are not allowed' the assistant said.

 

I explained he was a Guide dog and was told it didn't matter as her boss said 'no dogs.'

 

I contacted the MRH retail and they apologised but said it was a franchise and I'd need to contact owner.

They gave me an address and I send an official letter stating the Equality Act.

 

I got a reply but it wasn't satisfactory.

RNIB legal team have sent me info over.

 

However I've followed everything and he's not responding.

I have receipts of postage.

 

The last letter asked for confirmation of Disability awareness training for staff and future staff etc, covered by s.109 Equality Act.

Also asking to be compensated for injury to feelings.

 

I can show you letter if you'd like.

This has happened before there to me and I let it go but feel it's not acceptable the second time.

 

Thanks

Edited by dx100uk
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pers id go to the CEO on this

 

ceoemail.com

 

sz

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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MRH retail have apologised and have agreed it’s wrong.

As it’s a franchise they have no liability.

 

They were really helpful, it is down to the man whose franchised it.

 

At the end of the day I think he’s hoping ignoring the letters I’ll go away.

I was just hoping someone in here may have actually put the Equality Act to the test!

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MRH retail have apologised and have agreed it’s wrong. As it’s a franchise they have no liability. They were really helpful, it is down to the man whose franchised it. At the end of the day I think he’s hoping ignoring the letters I’ll go away. I was just hoping someone in here may have actually put the Equality Act to the test!

 

 

I think a couple of our forum regulars could have comments for you, but this isn't a busy sub-forum and they aren't here every day. Please bear with us, I'm sure you'll have more comments. :)

 

 

 

HB

Illegitimi non carborundum

 

 

 

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What outcome do you want from this? Change of policy? Compensation?

What have you asked for in your correspondence?

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I'm not sure that you're entitled to that information, and you're not likely to obtain it via court action. Under the Equality Act, you can ask for a declaration that discrimination has ocurred and/or damages - if you don't want either of those things, then legal action is not appropriate.

If you do want to issue proceedings, I can help you draft your letter before claim and the Particulars of Claim. I've never actually had to go to Court - not many companies will risk the publicity - and nor do I have any legal training, but I do have some personal experience in this area.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi I have left persons name blank for data protection. I've also had this information if RNIB legal team who gave me a template letter and these paragraphs are exceptable under the Equality Act. Does this clarify things any better?

 

I am sending this special delivery in the hope that you will respond. The recorded letters dated 15/6/2018 and the 3/7/2018 have not been signed for, also the one handed into the garage 12/7/2018 has not been answered.

 

I have sought advice from the RNIB Legal Right Service who have advised the following remedial actions:

 

1. Confirmation that you will arrange for Disability awareness training to take place for all existing (and future) staff - please also include the date by when this will be done. This is to ensure that all staff fully understand their legal obligations under the Equality Act. Currently there is a sign that allows Guide Dogs on the front door but staff are clearly not trained on or aware of the reasonable adjustment to this policy. As the owner, it is necessary that you carry out such steps to prevent discrimination like this from happening as you will be liable for the discriminatory actions of staff under s.109 of the Equality Act.

 

2. I also would like you to compensate me £300 for injury to feelings caused as a result of being told unlawfully to leave the shop by his staff member, in front of another member of the public. This was an extremely humiliating and upsetting experience for me at the time and continues to affect me.

 

I look forward to your response within 14 days. This is your final chance to sort this matter out as otherwise you give me no choice but to start court action.

 

Thanks

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bottom of Vento scale is £900 so a £300 settlement is very generous but I wonder if they know this?

Perhaps going back to MRH and getting them to put pressure on the franchisee is a route,

 

they cant say they wash their hands of the matter as they are responsible for making sure the franchise is conducted in a proper manner and I'm sure that would include obeying the law.

 

they wouldnt like the bad publicity regardless of what the local outlet thinks so a lot of leverage there if you do decide to use the courts.

name both parties as defendants and let them explain why they arent.

For example, the big double glazing co's franchise a lot of their operations but they are still liable for everything that goes wrong

Edited by dx100uk
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  • 1 month later...

MRH say it's down to the person running the franchise. He's not picked up the Letter Before Action from post office. Can I still proceed as he's not responding at all now. Also apparently this would be frowned on by the court. I also sent a letter subject access request under the provisions in Section 7 of the Data Protection Act. Please supply me with all data you hold about me. Please ensure this includes copies of all CCTV coverage taken of me whilst I was in (the store), and all emails between, to or from your staff. Please comply with the requirement to respond to my Subject Access Request “promptly and in any case within” the long-stop of 40 calendar days.

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sar is now 30 days and free

and is backed by the new GDPR

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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If the proposed defendant hasn't collected letters from the post office, hand deliver (or get someone else to do it for you) one to the business, take a photograph of it being handed over - it doesn't matter if it's the franchisee or a member of staff. Alternatively, if they have a letter box, take a photo of you posting the letter through it.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi we hand delivered one earlier on but nothing from that. We can send copies of letters sent and proof of receipts with court form. Also this can be used as one of the reasons of taking it to court. Apparently it won’t look good that the defendant is not responding.

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Could you tell me what the bottom of bento svale is please? So are you saying £300 isn't possible?

 

In Purves vs Joydisc (2003), https://www.scotcourts.gov.uk/search-judgments/judgment?id=dd9287a6-8980-69d2-b500-ff0000d74aa7 , the judge said:

 

"I would therefore hold that the sum of £750 is the least that may nowadays be awarded for the very slightest injury to feelings, deserving of damages, which is caused by discrimination on the ground of disability."

 

Inflated since 2003, that makes approximately £1,200.00. I wouldn't accept damages less than that, though obviously up to you. Also judicial guidance on the Vento guidelines said that cases for "less serious cases" (including one-off incidents of discrimination) should attract between £800-£8,400. The guidelines are in PDF format only and are here: https://www.judiciary.uk/wp-content/uploads/2015/03/vento-bands-presidential-guidance-20170905.pdf I know they talk about Employment discrimination, but the Vento guidelines are also used for Services discrimination.

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