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    • did you ever goto the ICO PW?   you say you have evidence of termination in B/W then with the rules of that time the A/C should have been defaulted within 3-6mts.   dx  
    • do the questionnaire 1st please  you've a few days  defence is not due till/by 4pm monday. (as you got an extra day over xmas.)   leave the scans till you have time   info 1st please
    • Wow, thank you dx100uk for super quick reply. Will read guide and upload now.
    • please complete this:   Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group   its not a public highway, its controlled by Airport Byelaws. Private Land.   get the info above up and also scan to ONE multipage PDF bothsides of all letters in/out bar the claim pack. read our upload guide carefully  
    • Hello, I hope I am doing this correctly.   Back in december 2019 my car broke down twice within 150 yards on the service road at Southend Airport. I had been having intermittent issues with the car during the week prior to this.   On the day in question when the car first came to a stop on the service road the driver, aware of the issues, attempted and just managed to get the car restarted after a 5 minute pause for the battery to recuperate. It was during this stop that the car was photographed by the VCS patrol vehicle.   The driver then proceeded to attempt to leave the service road but the car ground to a halt approx 150 yards further along the road. At this point the driver lifted the bonnet to began the process of changing the battery for a fully charged one kept in the boot since the issues began. At this time the patrol driver approached and asked what was going on.   The driver explained the problems encountered with the car and the patrol driver told him "no problem, I'll tell them what's happened".  The battery was duly changed, the car started and driven off the service road. It was identified the following weekend that the issue was caused by a fault with the alternator which was replaced, no problems since.   I have since received the usual letters from VCS and their representatives right up to a Court Claim form.   I have been suffering from an appalling case of Covid infection but managed to get in front of my PC to acknowledge service in time. My issue date was 16th December 2019 so I believe I have until 4pm on Tuesday 19th of January 2021 to file defence.   I know it is now late but please believe me I have been desperately hoping to get well enough to respond to this properly but am now typing out of desperation as time runs out. I did manage to read plenty of cases on different forums early on in the process and would like to ask a question if anyone could help please.   I notice that on another forum (MSE) they advise going for massively long defences with loads of case law examples whilst on here the recommendation seems to be for almost minimalist defences of maybe 5 or 6 bullet points of only a couple of sentences each. Could I ask what is the perceived benefit of each type of response and why, in particular, do CAG members prefer the short version?   At the start of this saga I was quite bullish about prospects but, perhaps because I am now feeling so low, I am becoming less so even though I am sure that breaking down on a public highway cannot be prosecuted by this cowboy outfit.   VCS are aware that I am the registered keeper of the car but do not know who was driving on the day concerned.   Any assistance, albeit at this very late stage, would be appreciated   Thank you    salackdad
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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.
       
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      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
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Credit Union refinanced loan to increase debt


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Hi, we've had a few issues with a local credit union recently.

 

Having gone over paperwork for a loan for a family member, it appears that the credit union refused to off-set savings to allow a defaulted debt to be paid off, and instead insisted on refinancing.

 

If the savings had been used to off-set, the debt outstanding would have been approx. £300 and could have been repaid easily in a couple of months, at the time. The person asked to do this (in writing). The credit union refused.

 

As it is, the person now cannot repay the repayments at all as they have only PIP as income, and now the credit union are claiming the debt is closer to £3000 AFTER taking off the savings. The credit union won't provide a breakdown of amount paid or any justification of why they felt making them take out thousands to cover what boils down to £300 is acceptable. Run by one person, so complaints are never upheld.

 

Family member is disabled and at the time they agreed to the refinancing, was not only unwell themselves, but also had family members quite unwell too.

 

Credit Union are very aware of this, but basically don't care and have said as much.

 

It just looks like the credit union took a massive advantage to make interest off him. While big banks may well do it, it feels nastier from a credit union who's customers are more likely to be vulnerable, and actually I'm not sure a big bank would insist a customer took out a loan of approx. £4000 to cover £300. I think they'd take the savings and go after the £300 separately, not allow refinancing beyond affordability and sense. No 'extra' funds were made available due to refinancing either, it was all to avoid taking even a penny out the savings.

 

 

Of course it would be nicer to keep savings intact, but if they couldn't afford the repayments, and wanted to decrease their debt, it seems ridiculous to make them pay so much more on top just to keep the money there. They now owe so much more, and are in a worse position.

 

This credit union have in the past also been known to move money around accounts to make new accounts to put part of their savings in for people without their knowledge and also take money out people's savings for use of their business. Only small amounts- an extra £10 going missing at Christmas out a income-related benefit, for example. Statements were never sent too. Also rather than add charges to a debt or incurred cost, they were taken directly out of savings.

 

The credit union have recently been told in court they are NOT allowed to refuse to off-set savings, in order to create a larger debt to sue for. Owner claimed ignorance about off-setting, despite approx. 20 years owning the business.

 

Is there anything we can do about this? Complaining to the credit union is useless. It feels like they took advantage and scammed him- I'm quite angry about it, angry at myself too for not seeing it at the time but with no statements, we had nothing to compare it to.

 

Also, how do we calculate interest on a refinanced loan? As there seems to be something amiss on the figures too.

 

Thanks

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1st

Have you every piece of paperwork?

If not sar them

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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