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    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
    • Just as UB says, he bailiff does not need to be invited in, but he certainly should have announced himself. i dont suppose he said what the enforcement was for?   The bailiff has to have a "reasonable belief" that the debtor resides at your address, if he is permitted to enter.   In the first post you say the Warrant was addressed to next door, is this your daughters property and did this Richard live at that address or your address.?   We should find out what the bailiff may say to try and justify his actions.    
    • Still valid?   For completion once a defence has been submitted and the claimant wishes to proceed.   Yes to mediation No if its statute barred or a parking claim. Yes to Small Claims Track State your local County Court  1 witness = yourself   The rest is self explanatory   Run 3 copies..Court/Solicitor/File
    • I sent them a letter but I wish now that I had kept a copy and sent it recorded   not a lot I can do about it now
    • So, I'm better off cancelling any dd's relating to debts, just to be safe?
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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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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Allay Claims Company PPI /Can a percentage be taken even though they didn’t pursue?


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I signed up to a PPI claim firm on a bit of a whim (yes, I know!) and they came back saying that even though it looks like I had PPI with Abbey National (Santander) back in 2000 it’s such a small amount they won’t be pursuing it. They sent this in a letter, also saying I might want to pursue this small amount myself. I cannot now find that letter but I’m still looking. 

 

I’ve not got around to contacting Santander myself yet, it was about a month or so ago. Well, I got a letter yesterday from Santander saying they’re going to make a fairly decent sized payment to me...

 

So, my questions are these; can the claim management company now ask for their percentage on this larger than they obviously realised payment?

 

Here’s where it gets really worrying, I owe Santander more than the amount they’re saying they will pay me on another completely separate loan.

I have a payment arrangement on that loan but have pretty much accepted that they will likely not actually send me the money but offset it to that.

 

Fair enough but if the claims management firm chase their huge percentage when I’ve not actually had it in my hand I’m going to be in an extremely difficult position...

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On the basis of what you say, they seem to have washed their hands of it and so they would have no claim any fee on anything you recover yourself.

You probably won't want to hear this, but you have no idea how much it breaks my heart that we struggle to provide this free forum for hundreds of thousands of people and then we get people who have been members here for 10 years and they still end up signing with PPI schemes and then get into a panic when they think that they may have to pay the fee that they signed up for.

And when people reclaim their PPI with our help, we are generally speaking lucky even to get a £10 donation – or even a thank you.

 

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I totally understand what you’re saying but I would have no issue with paying their fee if I were to have the money into my hands. I’m just concerned that they would try and take the fee even though they said they weren’t pursuing and I won’t actually have the money in my hands and it will be difficult for me to find the cash to pay them, I’m in no way moaning about just paying their fee. If the claim with them had gone through as normal with them I would have paid it because that’s what I signed up for.  

 

I appreciate your advice, thank you. 

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unless the loans were directly related then I would hope satans bank will not try off-set!!

 

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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I’ve read conflicting views on this, some banks don’t if they’re not related (they’re not) but as we’re talking about Santander I’m pretty sure they will. At the end of the day I do owe them that money so it is what it is. 

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no its not, throw the morality card out the window..

 

satans bank have been themselves subject to a few wins here whereby they've said they will off-set [even to a DCA after the debt has been SOLD by them] and when taken to the FOS or confronted with evidence they cannot, CAG has seen a win.

 

there is no way they can off set an old 2000 abbey PPI refund against present day debt...they didnt even own abbey then.

 

banks cant offset PPI.pdf

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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I’ve read conflicting views on this, some banks don’t if they’re not related (they’re not) but as we’re talking about Santander I’m pretty sure they will. At the end of the day I do owe them that money so it is what it is. 

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Sorry about the repost! 

 

Thanks dx100uk, interesting reading. Who knows how it’ll play out, I’ll keep this updated. Thank you. 

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As an update, I’ve not heard anything further from Santander yet but Allay Claims are already chasing for their cut. 

 

I have found the letter from the claims company now, it says clearly that they will not be able to pursue the claim and to do it myself. I just don’t see how they can now be sending me invoices when I’ve not even had any payment. 

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  • Andyorch changed the title to Allay Claims Company PPI /Can a percentage be taken even though they didn’t pursue?

Thread title amended

 

You didn't provide details of your bank account did you when you signed up with this lot ?

 

Andy

We could do with some help from you.

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I have known some just take their commision direct from the account......as long as they are only invoicing you thats fine...ignore their invoices.

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 Topic please PM me a link to your thread

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well be expecting to get lots of scary letter

aLLay will not give in quickly or easily.

 

 

did you sign their letter of authority to act upon your behalf with satans bank?

be careful 

it might be best to let each know as from the date of that letter

you regard the contract cancelled/void as satans should not be informing nor corresponding with allay..which they probably are.

and you instruct them not 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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