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    • I did call student loans and they don't have any record of anything and no details were coming up with the old Student Loans reference number. They were the ones who told me that the loan would have been taken over by Erudia and asked me to call them instead.
    • yes when you get your N180 from the court. on the sols copy omit phone/sig/email.
    • you dont need a copy of the letter. just proof. it might pay you to sar SLC as if they had your correct address on record before loan sales to erudio , that will add another very strong string to your bow toward setting aside this backdoor CCJ and the arrows you'll fire at Arrows (Erudio are arrows DCA in sheeps clothing)   you also might like many others find that you still have access to the online SLC portal. that could be useful with info. like deferral dates etc and address and what they knew and when.   at present you are in the info gathering stage, the more of that you can get the better.
    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Good Morning

 

I have 3 accounts with Lowell im dealing with at the moment...one is a old mobile phone contract, a payday loan and a british gas account.

I seem to everything in order but when i have sent the CPR requesting statement of accounts, loan agreements, notice of assignment, notice of default, termination notices etc etc.

 

They have responded with its not legal for them to supply a notice of default or termination notice from the companys?

Is this correct ?

 

They have instructed me to go direct to the companys for this info.

 

Thanks In advance

Edited by dx100uk
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Have they issued a court claim ?

 

Andy

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Then you cant use a CPR request...try a DSAR

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

 

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Original Creditors

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

 

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sar

 

Thread title amended

 

I bet that gas bill is very old.

 

are these on your credit file?

Edited by Andyorch
Thread title amended/post merge

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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CPR can be used if the court action is imminent such as sending out a proper lba. However, SAR is probably better as they will be obliged to send you everything they hold on you rather than just the docs they would wish to rely on for a claim.

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LBA comes under Pre Action Protocol not the Civil Procedure Rules...CPR 31 only applies to court claims

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 The National Consumer Service

 

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Yes there are all on my credit file...british gas account is from 2012 to nov 2013 for 897 pounds and they have provided the final bill from british gas.

 

I have manged a full and final settlment agreement of £300 but it will be marked on my credit file as partially satisfied which im not to sure about.

 

Hopefully it will go away after 6 years from the default notice.

 

Cheers

Edited by dx100uk
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we didn't say negotiate anything.

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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for want of later readers NEVER EVER negotiate a n F&F esp on an old utils bill even if the DCA proves things COME HERE 1st!!

 

dx

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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So where do i go from here with the british gas account DX. I have sumbitted SAR request to british gas and recieved a reply with the bills etc.

 

I want to clear my debt on my credit rating so the only way i can see is to offer a payment

 

Thanks

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so you've not paid the F&F to lowells?? good if you haven't.

 

you need to tell us the full history of the debt please

with dates from day one.

 

just because they've produced a bill

doesn't mean you got to get fleeced by giving them free money

 

was there a dispute on the bill

were you charged not enough tarrif then when you left, BG produced a bill backdating tarrif under payments for lots of years?

 

history please

its very rare for any utils company to sell a debts on.

even rarer for it to be British gas.

 

dx

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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Thanks for the reply DX

 

I havent paid the 300 pounds yet no as i am concered about the debt only being marked partially paid.

 

I will get the history to you end of next week as currently working away from home.

 

Thanks

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