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    • just be aware that some DD's give their takers the chance to get what they want when they want standing orders and or manual BACS transfers might be better.
    • Thanks for your help - I will call Northants on Monday and record the call   I did inform Student Loans of my change of address when I moved, but I'd never heard or Erudio or Drydens before yesterday. I didn't want to give my new address to Drydens yesterday as I was scared that they would send someone to my door. I did call Erudio and explained the situation and they asked me to call Drydens to ask to speak to a supervisor to raise a query with Erudio, which I did. They have placed a hold on the case for the time being.   I have looked at my BTEC certificate and it is dated July 1998 and it was a two-year HND. It looks like I got my years muddled and that the loan must have been taken out in 1996 and 1997 so it pre-dates 1998 as that is when I got my qualification.     After I get the details of the claim on Monday, what should I do next?   Again, thank you for your help in this.  
    • Thanks for the quick replies and advice!   I need to check the dates of these cc's, but i'd estimate:   Bcard1 - 2001 Bcard2 - 2007/8 Lloyds - 2015 Tesco - 2016 Natwest - 2003   The loan was taken out in 2019.   Regarding enforceability - this is part of the reason I want to manage any plan myself - I don't want to be cash cowed.   I will open a parachute account this weekend, outside the RBS group and move dd's to this account!    Seems scary to just stop making payments, but I agree, the sooner the defaults are applied to my file the better.    I haven't taken advantage of the covid payment holiday on the loan, but i assume that would be fruitless for the same reasons - can Natwest insist I take this to avoid defaulting the account   Thanks   A
    • I think I could open the door for a bank charges claim as well. I wouldn’t be challenging whether the charges were unfair/lawful under the banks standard terms, I’d be challenging whether it was fair for the bank to apply charges when there were no terms allowing for the charges to be applied.   Could a CCA Sec 140 claim work!?!?
    • I’d add (just in case the DJ says “but if you couldn’t pay, you shouldn’t have parked”): “The situation being compounded by the app appearing to allow payment, with a countdown timer for the period ‘paid for’ appearing”.   Have you offered to pay the fee the app should have taken but didn’t?   If they were stupid enough to take it to court I’d invite the judge to find that they were entitled to that fee, and only that fee, but [contrary to the usual guideline of costs ‘in the case’] you were entitled to the {limited} costs available in the small claims track. They’d ‘win’ : but only for the parking fee, you’d win : by them being the ones an order of judgment was made against!
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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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Help with completing form N349


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Hi all,

 

I am in the process of completing form N349 against a Ltd company with the 3rd party being HSBC UK.

Need some help in actually completing the form.

 

I have downloaded and completed all except:

 

At the top is shows "In the...................." what do I complete there? Name of court near Defendant?

Where do I send it? Do I look up the court that deals with third party orders in the defendant's area and send it there?

I want to pay the fees by card. Do I just add a note to the document requesting them to contact me for payment?

 

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County court name of which your submitting the N349...which would be your local county court ...your the litigant.

 

What do I have to do to apply for an order? You must complete form N349 (Application for a third party debt order). You can obtain a copy of the form from hmctsformfinder.justice.gov.uk If your claim is a Part 7 money only claim and was issued in the County Court Business Centre (CCBC) or County Court Money Claims Centre (CCMCC) you should, make your application to the court which covers the defendant’s home address. You can find this online at courttribunalfinder.service.gov.uk

 

Speak to CCBC for details of payment.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/726426/ex325-eng.pdf

 

https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order

 

Andy

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Ah, I just checked my original MCOL claim form which states County Court Business Centre, so this would be a part 7 money only order, and would be issued to defendant's court.

 

So therefore:

 

Top of the form I would write: "In the (my local CC)

and send it to defendant's court.

 

Thanks Andy

 

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Reading the above again it states......

 

 you should, make your application to the court which covers the defendant’s home address. 

 

 

 

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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