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In theory no, but CPR is just a request, DCB Legal could just refuse to reply and may well do so. Personally I'd send Highview a SAR as well. It can't harm you. The worst that can happen is that it costs you a 2nd class stamp and you'll end up with two copies of the same paperwork. Get a free Certificate of Posting from the post office. Plus it'll annoy Highview and force them to do some work 😉 -
I'm afraid I don't know. Hopefully someone more knowledgable will pop in. Have a read of this thread. It's short and I know the OP did a lot of work investigating planning permission https://www.consumeractiongroup.co.uk/topic/430277-pcmuk-ltd-anpr-pcn-st-michaels-retail-park-basingstoke/#comments
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Hi A couple of things. This was an overdraft, ie there was no individual signed agreement? It was generally the case back then, they were called Tacit agreements, the facility was there for you to draw on but it was not covered by part v of the consumer credit act, therefore there is no need for them to send a DN under section 87 of that act. The do however have to warn you about recording a default(little d) on your file. You will probably find your termination notice was sent under section 98 or 76 of the cca. Should be 98 none default termination really. This means that the full sum is due on demand after termination, you should check your agreement to confirm this. This does not mean its payable at that point. Overdraft statute bar is covered by section 6 of the SOL not section 5 and applies six years from when the loan was recalled. So it should have been SB from that date. If they say the termination notice was not a demand, you can say, Ok why is it being recorded as such now As far as registering a default, it was they who terminated and failed to suggest an alternative payment arrangement, so what exactly did you default on. I remember there was a big issue about the termination of egg agreements on here about 2011.Egg terminated all there none performing(not defaulted) agreements and sold the lot, I think it was to Barclay's funny enough. / -
Enjoy your walk dx. I have the day free so can keep popping in here. The OP has checked for PP and found nothing.
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By jason_1984 · Posted
Thank you very much, I've sent that off to them. Hopefully they will accept the offer rather than just refusing it outright.
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
jj58 posted a post in a topic,
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!
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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003- 1 reply
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BankFodder, -
Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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
Picked By
waz70, -
Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/- 49 replies
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been with payplan for 12yrs..now advise IVA.
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