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    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   2: Notice of Assignment*   3: The Default Notice*   4: The Termination Notice*(if applicable for loans/HP/)   5: Statement of Account*   6: [any other documents mentioned in the Particulars of Claim]* "       What should i be deleting as could number 4 be classed as a loan because its a credit card?
    • Hi dx   Post 23 letter has been hidden as has a name in it. I did read the thread and in post 7 saw mention of 'must complain within 3 years of being aware it was mis-sold' if this is what you are referring to? Also my policy is live currently.   I think you know this, but it seems the RBS/Halifax agent doesnt know, that 'I became aware it was mis-sold just before I raised my claim (2019) having read a media article'  as I dont think the PPi team showed them the original claim form maybe, who knows.   Expanding, sorry I missed the word PPi after 'loan' in my post you quoted and highlighted. To be clear, the life protector was not for a loan, but a mortgage, and that mortgage did have a mis-sold PPi on it which they have admitted and refunded.   If it helps, I have several mortgage offers here from 1999 and they say 'Minimum life cover to be assigned to the bank'    The odd thing here is, I started the mortgage and PPi in 1999 but it was 2003 this life assurance started. I do categorically recall being told it was something I had to have though.   Many thanks   E 
    • MP's are good for other things but for some reason are not very good for Council Tax.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
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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
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Hi , thanks in advance for your help.

 

I have a Capquest debt on behalf of Shop Direct, for 1250 pounds. Default date is August 2013, my last payment listed on my SAR was Feb '13.

 

When does this debt become statute barred?

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I think SB would run from date you failed to make a payment due. So presumably you had a demand for payment in March 2013 and failed to pay it. If this is so, then the debt would be SB'd in March 2019.

Edited by dx100uk
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We could do with some help from you.

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However if you have said in writing that the debt is yours since then, the sb clock would restart from that date

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Does a CCA request count as acknowledging the debt?

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Does a CCA request count as acknowledging the debt?

 

No.....An Acknowledgment of debt, commonly referred to as an “AOD”, 'is a document which contains an unequivocal admission of liability by the debtor. The debtor acknowledges that he or she owes a particular sum of money to the creditor and undertakes to repay what is owing on terms so agreed between the parties therein.

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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