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    • the only downside of not having a default registered and showing in the overall status of the debt is it's not 100% guaranteed it will (as it should) vanish on its SB date, you might have to chase that. but in your position, you've not moved, the bucket of 6's and on going 6 if you look hasn't made your score progressively decrease each month  either as it shouldn't.   just remember other creditors potential or existing cant see the calendar section of any debt unless they own it. they can only the status line of each 'account'.   HTH    dx      
    • Thanks for the replies. Have received another letter from LL solicitor, same form for secure tenancy notice of seeking possession. Now they have removed ground 10 and left grounds 3&4. am lining up an appt with a solicitor next week. All a bit strange as we had the fair rent agreed as a regulated tenancy. The LL has been through so many solicitors now it’s a struggle to keep up.   one other thing,  neither NOSP have been sent via registered or recorded post. The letter we have received (email only at this point) is comprised of a cover letter with ‘Without Prejudice’ at the top then a copy of the NOSP.  Does it have to be registered post in order for the notice to be seen as served?   will post back after solicitor appt btw cheers 
    • Thanks for all the feedback.. I'll add the suggestions to my WS and repost by next weekend.. I plan to send it no later that the first week of Feb as I don't want it to be late.   Just need to work out where to insert the extra bits.   Regards Tom
    • So in  a way, it isn't as bad as actually having a default?   Because if, as you say, it won't affect my score anymore as its already six months late, but also a default would be worse in the sense other lenders wouldn't look kindly to it, and it won't knock as much points off my credit file.
    • Hi Vic and welcome to CAG   It gets quieter here over the weekend so please be patient.   If you live in England or Wales, read this thread - https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/     Follow the instructions, copy the Q's and paste them to a post below and give your answers.
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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SOFOLOGY giving me the run-around. Any advice please?***Settled***


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Just been reading up, and realised I should tick NO for interest required....then I don't need to consider the 'fields' I referred to earlier...:roll:

 

....and coming to the conclusion that it might be better to drop BPF from the frame, and just stick with Sofology??????

Edited by WontGetFooledAgain
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Found this on MSE forum...

"At the end of the day the case itself is not prejudiced by involving the courts too early. If the courts rule that the defendant owes you £50 then they owe it to you irrespective of the early issuing. That said, the defendant can petition the court that you were unreasonable prior to the litigation (eg giving 14 days in a letter but issuing after 10) and therefore that despite the fact you've won the case that you must carry the costs and may be deprived of interest charges."

 

was hoping it would come down to losing my court fees.....???

 

Can live with that.....if it's the case?? :oops:

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They could use the argument that you have denied any sort of negotiation prior to issue courts paper.

True, if you have to win the case you will win it, however judges are not impressed when pre action protocol is ignored and if I don't remember wrongly, a member here won the case but was ordered to pay other party costs.

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So...I cancel this 'case'....lose the £70....then start another when the 14 days have passed.

 

If that's the way it's got to be.....:|

 

Is there a procedure for cancelling....somewhere you can point me?

 

Thanks BTW....I got myself in a bit of a spin this week with all of this!!

 

PS.....what might their defence be?...I'm struggling with that if the 30 day rule applies!!

Edited by WontGetFooledAgain
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No need to cancel the claim...speak to MCOL and explain what has happened...you may be able to make an application to extend the service....pursuant to CPR 7.6

 

Regards

 

Andy

We could do with some help from you.

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Nothing is off the table until court hearing.

If they offer to refund without paying court fees, it's up to you to accept or not.

Worst that can happen is that they offer you a refund and you refuse as you now want court fees.

Judge MIGHT impose that you pay their costs as you have not followed the pre action protocol.

So if they want to refund minus the court fees, take it.

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....spoke to MCOL....too late....only choice is to cancel...or leave as is!

 

If I leave ..as is.......what's the worst that could happen?

Is the chance for Sofology to refund/collect off the table now??

 

MCOL staff are not allowed to offer advice...and possibly never heard of or understand CPR 7.6....I would just leave it as it is.

We could do with some help from you.

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Thanks Andyorch....the lad I spoke to was very quick to say there was nothing to be done once I had pressed the button.

 

Bit of an update:

 

Barclays got back to me this a.m. as part of the sect75 claim I started with them on 22nd November.

 

They are saying:

"Please be aware in order for the retailer to accept rejection they are within their rights to complete an inspection, is this something you would re-consider? "

 

Are they correct...does this override my right to short term rejection?

 

Should I feel wobbly??!

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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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The bit that leaps out to me...is:

 

"Early Right to Rejection

• If a fault is discovered within 30 days of receipt of the goods, the consumer may reject the goods and seek a full refund."

 

(Which is where BankFodder came in post #2!)

 

So Barclays are fibbing.....or just don't know the rules??

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Section 75 process does expect that both parties exhaust all avenues of resolving a problem initially...let them come and inspect it if they really want to...does not alter the time frame or your rights.

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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RESULT..........!!

 

Sofology got the court papers today.....and called me up at today!

 

No mention of receiving Court papers too early....which surprised me.

"Following receiving your court claim form, we have decided to go ahead with a full cancellation and refund to save you the stress and inconvenience of a court case. " (Bless 'em :-D)

 

They've paid my £70 court fee......arranged pickup for Sunday....and say that refund of deposit paid (and cancellation with BPF) will go ahead on Monday.

However...they want me to inform the Courts that the case is settled...and to do it now!!

 

Happy to settle on the MCOL page.....am I putting myself in a daft position by ticking the 'settled' box at this stage?

(....think I know the answer to this!!)

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Do not withdraw the case until you have your money and let them know that you won't cancel.

Just a simple email:

Dear Sofology,

I note the content of your communication and as agreed i expect collection of your sofa on (date), cancellation of finance agreement and refund of deposit (£xxx) on (date).

Regretfully I will not be able to cancel the court case until all your promises are fulfilled.

I will withdraw the court case as soon as this matter is fully resolved as you promised.

Regards

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As above :wink: But well done.

We could do with some help from you.

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Thanks king12345 and Andyorch.......

 

went for...."I refer to our earlier conversation, and email below and I expect collection of your sofa on 23rd, with subsequent cancellation of finance agreement and refund of deposit.

 

I will be happy to inform the Court that the matter is settled after I hear back from you on the 24th. To do otherwise would effectively mean be a lie to the Court, which is something I'm not prepared to do.

 

Should an alternative earlier collection time become available, I'd be happy to fit in with that, and enable a swifter arrival at a final settlement time."

 

......I'm sure that Sofology wouldn't want me to lie:roll:

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I personally would have gone with the above (Post #44)...lot more professional and business like........lie to the court ?????

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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Well....questionable choice of (my) words aside....looks like it's all over!! :)

 

Sofa was collected this afternoon....and re-payment of my deposit initiated.

They've even stopped asking me to mark claim as 'settled'...and accept that I'll be waiting for everything to 'clear' before I do so.

As Borat would say...."Great Success".....

 

BTW....when the time comes, is it just a matter of ticking the 'paid' button in Claim Status Options??

 

Once again....huge thanks for all your help with this....it's a great forum!!!

 

Merry Xmas....and I've made a donation through Paypal

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aw thank you

let us know when its concluded in full

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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