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    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
    • Hi she did say she was cancelling and returned the equipment. It looks like they put her on a rolling contract for 24 months when she phoned before trying to reduce her payments as they kept going up.   I know Sky haven't done that to me. She didn't see that email as she's had lots of stressful situations. No letter in post or when she originally phoned about reducing her bill well over £100 they didn't tell her about this contract.   Like you say there should be recordings. BT mobile contract is separate to broadband and the cancellation fee is for the broadband. They have blocked her mobile so she can't use it and that is a contract.   She is phoning CAB in the morning and checking through her paperwork. I'm quite happy with Sky as they tell you upfront what is happening and have never rolled over my contract.   Thanks for taking time to reply it is much appreciated. 
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • 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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Hoist Claim Form - TSB Lloyd trustcard Credit Card debt *** Claim Discontinued ***


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An update of sorts. 

I haven't heard anything since submitting my "Formal Defence" on 12th Dec. 

Logged into MCOL to see if there was any update - nothing showing there. 

 

Is it down to me to ring court (generally 20+ min wait on phone!) or just wait?

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No depth or detail needed. Just give it the appropriate heading, details of the claim, etc... and state something like:   "Further to the Order of the Court, dated _________, requiring the C

yes it can be used by the lower courts BUT ...as SR said, it's [p'haps] relevant.....   i added p'hap's as you need to point out it's not in your case, the date of your agreement pre dates c

Assuming the court does not dispense with Notice of Allocation then yes....a witness statement will have to be submitted at a later stage (after allocation) so even though its a formal defence some po

did you get a  letter from the court acknowledging your defence submission.?

 

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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This was a second defence submitted manually...you dont get an acknowledgment from the court...next order should be allocation.

We could do with some help from you.

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  • 2 weeks later...

Still nothing in the post, over nine weeks now since the deadline for producing my "formal defence".

Getting slightly worried that something's gone amiss and I'm half expecting a CCJ in the post. 

 

I have twice tried to phone the court and have been no.36 in the queue and just now no.44 in the queue. 

I thought contacting the tax office was bad. 

How are we supposed to get help or find out info if this is the way our court system works?

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Before Deputy District Judge xxxxx sitting at the County Court at xxxxxx."

 

IT IS ORDERED THAT

 

1. By no later than 4pm on 12th December 2019 the Defendant shall file a formal defence to the claim"

 

Which Court issued the Order above ?

Which court are you trying to ring?

Possibly they have discontinued their claim on receipt of your defence ?

 

Andy

We could do with some help from you.

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My local court issued the order and that is who I am trying to call. Tried again and I was 68 in the queue!! So still not found out. Obviously normally I'd expect the next step to be witness statements but it would appear we have both more or less done that. Just wondering whether something's got lost in post. Even with Christmas it's been a long time

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Is there no chance you can call in in person ?

We could do with some help from you.

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Thanks for the responses Andy. 

Yes, I was able to call into the court in person - but not overly helpful - first being told to call the number I had been calling (and being an average of no.50 in the queue) and then eventually being given an email address by the court usher - I have emailed them and got an auto response stating a response within 10 working days. 

 

I do consider it quite a long delay since the deadline for providing the "Formal Defence" - but I know that sometimes process can be a bit slow. 

 

Thanks again.

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Ridiculous isn't it...so he wasn't able to check the claim number on the courts system to tell you the status ...i suppose that would be too easy.

 

I doesn't take 9 weeks...something is seriously amiss here...hopefully it is discontinuance and they have failed to inform you.

We could do with some help from you.

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Court usher was a woman and no she said she did not have access to the court system - well actually I think she said she "wasn't able to provide that info to me" - so probably was able to access but advised not to provide this info to public. 

 

I haven't heard anything from the claimant either - so not all bad. 

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  • 2 months later...

A long awaited update - I assume the courts were closed due to Covid-19 - but my case has now been allocated to my local court for August. 

 

And before I go on, I do hope everyone on here is safe and well (as can be). 

 

This is on the assumption that the claimant pays the court fee before mid-July. 

 

Assumed case will take "no longer than 3 hours". 

 

Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than 28 May. 

 

From my point of view, I assume that will just be a copy of my witness statement/particularised defence. 

 

Any advice at this stage please?

Is it just a case of sending the copies of the details to date to other party and court? 

Should I be coming up with anything new at this stage?

 

Sorry - I know it's been a while and I'm not expecting the helpful experts on here to remember the details

- the last requirement from my point of view was to send a formal defence to the claim (which more or less took the form of a WS)

 

- the claimant had already produced a WS despite the court not explicitly requiring one

- so that's where we're at

- my formal defence/WS rebutted their "original t&c" partly based on the reference to pin numbers

- which were not a feature of credit cards at the date of the original agreement. 

 

Thanks for reading and any help at this stage greatly appreciated.

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  • 2 weeks later...

Responding to your PM.

 

Yes your standard disclosure will consist of your statement and any document referred to in either your initial defence or statement...CCA request/response CPR 31.14 request /response etc etc......

 

Andy 

We could do with some help from you.

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Yes and a set to the court by the date stated.

We could do with some help from you.

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Just got an email from the solicitors

- not sure whether they will have sent copy in Royal Mail too

- just stating that they will be relying on the evidence in their "premature" WS produced back in October last year. 

 

This is the WS that I based my formal defence/Witness statement on .

 

assuming they pay their fee by July,

and the case goes ahead in August,

it will be a simple case of persuading the judge that their lack of credit agreement and default notice are enough to win me the case?

 

Sit and wait

 

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  • 1 month later...

Update!!! 

 

Email received from solicitors (well I was cc'd in on an email to the Court)

 

Notice of Discontinuance,

 

Does this mean it's a "Success" and no more to be heard?

 

Or potentially they could find the correct paperwork and start a new claim?

 

But, for the moment, I am happy.

 

Thanks for the help and guidance on this thread.

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Well done! This is more than likely the end of it, but you should check with the court at some stage that they've officially discontinued.

 

They can still chase you for the debt, and they might, but you can just ignore. If they were to issue proceedings again, you can refer to this case in your submissions - it won't reflect very well on them if their case is similar to this time. The chances of them trying again are probably slim though.

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Doing a quick Google search on discontinuance, I note something about "paying the defendant's costs"

 

Am I pushing my luck in chasing this up?

 

As for the contribution - that's a given

 

1 hour ago, shamrocker said:

Well done! This is more than likely the end of it, but you should check with the court at some stage that they've officially discontinued.

 

They can still chase you for the debt, and they might, but you can just ignore. If they were to issue proceedings again, you can refer to this case in your submissions - it won't reflect very well on them if their case is similar to this time. The chances of them trying again are probably slim though.

 


The email was to the local court where the claim was to be heard in August; they had until some date in July to pay the fee for continuing with the proceedings. 

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  • dx100uk changed the title to Hoist Claim Form - TSB Lloyd trustcard Credit Card debt **DISCONTINUED**

it was only a matter of time before they realised you were not a mug and they had a lemon debt.

as 99% of these old card debts are.

 

please consider a donation to keep us here for you and others.

 

title updated

 

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 hours ago, barafear799 said:

Doing a quick Google search on discontinuance, I note something about "paying the defendant's costs"

 

Am I pushing my luck in chasing this up?

 

As for the contribution - that's a given

 

 


The email was to the local court where the claim was to be heard in August; they had until some date in July to pay the fee for continuing with the proceedings. 

 

 

Great news...thread title amended.

 

CPR 38.6 does not apply to small claims track ...so no you cant claim costs.

 

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

 

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  • Andyorch changed the title to Hoist Claim Form - TSB Lloyd trustcard Credit Card debt *** Claim Discontinued ***

Cheers. I thought it might not be relevant. 

I'm glad that they have "seen sense" - but it's still quite stressful that the situation got this far. 

I even offered to "negotiate" with them (as instructed by the court) but heard nothing from them

 

 

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