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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

Birmingham Midshires application for permission to renew a warrant of possession after 6 years


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If you are complying with the terms of the suspension i.e. paying the arrears each month then I am puzzled as to why they have applied for eviction.  I think you need to speak to them in the morning t

Get to the court as early as you can and see if there are any duty legals in attendance.  If there are then you should approach them and ask for their assistance - they can accompany you into the hear

Hi, I was going through some threads on this forum and read about Ell-enn, you suggested someone that if lender don't reply to your arrears repayment offer you can write to court to decide.

 

I also read somewhere that lender must response to your offer in writing.

 

In my case, they haven't responded on writing.

Can I not ask the court at this stage?

I am very worried about going to the eviction stage.

 

Thanks

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no that for IF they are brave enough to go that far later on

keep your powder dry!!

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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  • 1 month later...

Hi,

 

I have been making all monthly normal payments plus 500 towards arrears.

 

This morning I had missed call on my mobile from them with voicemail. The message was half recorded but starting and ending on alternatively if you want to call back in the meantime please call on number....

 

I take they are calling for arrears and possibly court action. 

 

I am scared to call back. What should I do? If it is eviction,  will they call or send letter?

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doesn't happen by phone

stop panicking

never ever discus your debts over the phone

writing only put the phone down

block their numbers too.

 

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, in last conversation back in early February the told they will go for eviction. I have been waiting to hear since then or letter from court.

 

 

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they will always say that to frighten people

which is why you NEVER use the phone!!

 

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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  • 3 months later...

Hi,

 

Just to update the forum, I have been making all payments on time since January 2019. This includes contractual monthly payment plus £500 towards the arrears. 

 

As I have paid 6 months payments on time, can I ask BM to capitalise the arrears? Last week I received phone call from BM to discuss my account but i asked them to send me in writing. 

 

Can you guys please advice whether I should request BM to capitalise the arrears as currently mortgage is showing in arrears on my credit report file. I am looking to remortgage 12 months after all payments appear on time on credit report.

 

Thanks.

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Usually you can only do this on first mortgage arrears, and usually only if the value of your home is a lot more than the mortgage. The amount you owe in arrears is added to your total mortgage.(Capital) Obviously your monthly payments will go up and repayment of the arrears are therefore spread over the rest of the term of your mortgage.
 

BM may be more likely to agree to capitalise the arrears if you have already kept to a repayment agreement for some months....which you have...and BM will usually view capitalising the arrears as a last resort option.

 

Andy

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Thanks Andy. The loan on the property is about the 50% of the property value, so lot of equity. 

 

is there any harm in writing to BM to request capitalising the interest or you suggest to wait few more months? Can anyone help with the letter template?

 

Thanks.

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Well several months is quite  steady...no harm in requesting.

 

Check The LIbrary we may already have a template ?

 

Andy

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

 

If you want advice on your thread please PM me a link to your thread

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So they never did apply for eviction?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn,

 

no they didn't apply for eviction.

They applied for extension to the reposession order that was granted in 2009.

They asked for the remaining term on the mortgage but court only granted 12 months starting from January 2019.

 

Since January this year I have been making regular payments.

They didn't agree on payments towards arrears but since i have made payments for last 6 months I want the arrears to be capitalised.

 

They in the past capitalised arrears.

Last time was about 3 or 4 years ago. 

 

I don't want to call them but email if you suggest no harm in trying.

 

Thanks.

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  • 2 months later...

Hi,

I made all payments on time since January this year.

August payment was due on 27th August but due to delay in payments from my client I couldn't pay on 27th August. 

I made the late payment on 6th September.

So few days late.

 

Today I received letter from Birmingham midshire dated 2nd September.

This was before I made payment.

Letter says I missed the August payment and there are arrears so I need to contact them and bring account up to date to avoid repossession as they have repossession order.

 

Arrears are about £13k. I am not in position to clear these arrears but I can keep paying normal monthly payment. 

 

I already paid August payment but few days late.

I don't want to call them to get trapped by them over the phone. 

 

Please advise if I really need to contact them or just keep paying normal monthly payments although there are arrears.

 

I have been paying regularly now for 8 months.

Can I request them to add arrears to capital??

 

Please advise if I should contact them regarding the letter or just keep paying the monthly payments?

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you should never ring nor email

write using 2nd class mail.

 

typically once 6mts of required payments are made successfully most lender allow capitalisation.

 

did you ever SAR them

and see how much of this debt is unlawful penalty fees??

 

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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Hi, thank you for your reply. 

 

I haven't asked for SAR but will request. 

 

I am going to write them and request to capitalize arrears. I am worried that because of late payment in August by 10 days they will refuse my request and demand full payment of arrears. 

 

Kind regards, 

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doubt it.

it was only a request to contact.

the issue is now resolved.

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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  • 3 weeks later...

Hi, I wrote to Birmingham midshire 2 weeks ago to request adding arrears to mortgage balance, I included income and expenditure with my request and sent through recorded delivery. 

 

I am very disappointed to see the attached letter from them this morning.  They have completely ignored my request and income and expenditure. Asking me to call them. 

 

Any suggestions please,  I am looking to remortgage next year and really want to be arrears free.

 

Please advise what should be my next step. 

 

Thanks 

 

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prob just a std letter.

 

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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  • 2 weeks later...

Hi, 

 

I have received another letter attached. As I mentioned in my previous post I sent recorded delivery letter to them requesting to add arrears to mortgage balance.  They ignored that letter,  sent me letter to request call them, I ignored that letter,  now they have involved this agency. 

 

I don't want to discuss over the phone as one of reasons I am in arrears is because how my calls were handled over the phone. 

 

Please advise shall I send them another letter or contact this agency to discuss?

 

 

If I don't contact them now they will have reason to take me to court that there are arrears and no repayment plan is in place. 

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please try and remember to use PDF 

else you are opening yourself up to them finding your thread and ID'in you.

PDF's can only be seen by logged in  users of CAG

posting images directly to screen can be seen by everyone even outside of CAG.

 

these people simply charge you +£100 for a visit

if you wish to WRITE

tell them they will be ignored

and have zero legal powers to do anything.

visit invitation refused.

 

up to you

 

I've removed all the images now

please ONLY user PDF

read upload

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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Thank you. I didn't know but will use pdf in future. 

 

Are you telling me if I wish to write I can say to BM that  don't accept invitation by agents as I will end up paying £100?

 

Am I look legally bound to contact them on phone? How can they. Ppl persuade me to call them over the phone?

 

If I keep ignoring their request to contact them on phone can they take me to court for outstanding arrears with no payment plan in ppl place?

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cant KEEP saying this more than i already have multiple times

you never ever use phone nor email.

 

you were simply a bit late.

forget their nonsense.

 

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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  • 1 month later...

Hi,

 

I wrote to Birmingham Midshire few times and enclosing income and expenditure but no response from them. I complained and received the attached letter upholding my complaint and offered £50.

 

Also mentioned that they can't capitalize arrears because no payment in August and asking me to call them. August payment wasn't missed but Late by 10 or 12 days.

 

Now I have received letters from their solicitor and Birmingham midshire that I need to either pay arrears in full or contact them by phone to agree on repayment of arrears or they will apply to court for eviction date.

 

I am very distressed as I have been paying monthly payments since January and kept writing to them but because of last year's arrears they are applying for eviction date. 

 

I don't want them to apply for eviction date but if I call them their staff will again not positively deal with my account over the phone. 

 

Do I  have any options at this stage?

 

I have attached copy of letters. 

 

Please help as I need to call them tomorrow. 

 

 

Scanned_20191111-1908.pdf Scanned_20191111-1911.pdf

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Very unfair

Write ba k to him

 

Tell him you do not consider the complaint closed

 

BMS have failed to research my payment history correctly

Aug 19 was met but late because xxxx

I do not believe the refusal of no cap is fair.

 

There is no legal requirement for me to discuss anything by phone and i have been very intimate d by your companies previous treatment toward myself over the phone.

 

I will only communicate by writing

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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