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    • tomtom knows far more about this than I do, but I'm wondering if it's possible there would be 'bedroom tax' issues with having three bedrooms if the housing benefit people deem that you only need two.   Sorry to be negative, I think it's worth checking in case it's a problem. I wish you well with this.   HB
    • Hello and welcome to CAG.   As you're at the pre-court stage with this, please could you let us have the information requested in the forum sticky? That way we can start to advise on how to deal with your case. Please sit on your hands until the forum guys are able to get here.   https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket/   Best, HB
    • this is part of the pack Shoosmith sent the entire contents are 54 pages and when merged into pdf it come to 33mb even with the images at 200dpi. The parts I have not posted are the statements from June 2017 to Sep 2020 and a financial means form. Doc 2.pdf
    • "All debtors goods & Chattels belong to us, after all after gaining entry after a Virtual CGA, what's to stop them listing goods as they remove them after their in their mind legal forced entry?"   Yes absolutely.  It is bad enough at the moment, where some bailiffs misrepresent goods being bound as goods being under control, the former not enabling goods to be taken from premises for sale. To be under control a visit must be made of course, even if this amendment is passed. Under the TCE, as you say since 2014, re attendance is permitted by the debtors signed CGA, that is all. Even a previous attendance does not permit it, unless goods are taken under control under part 13(d) of the TCE Schedule 12 and section 20 of the Taking Control of Goods regulations 2013 and the agreement struck. This is in stark contrast to the earlier rules, where re attendance was permitted after the Bailiff had just gained initial access. I am unsure, reading the judgement, that the Master was fully aware of this(in parts).   I consider this, as said earlier to be due to the way section 14 and 16 are written, both parts imply that forced entry can be used, and in neither case, due to the 2014 amendments neither  actually can. The Master referred to the Memorandum and the Beaston report of 2000, but in this respect neither of those generally reliable tomes of knowledge are relevant.
    • did you get a letter of claim and reply pack about 1 month before the issuance of the claimform.?
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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

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Hi there

 

I have been contacted by Credit limits international regarding some hire car damage that occurred during a rental over a year ago, I had not purchased the insurance and damaged the car so they sent me a bill for the damage.

 

Now the company CLI is pursuing me to pay this.

They asked to set up a payment plan giving me an offer to pay 50% of the original requested amount and said to send them proof the direct debit has been set up.

I asked them for proof that they were allowed to collect the debt for the rental company and they sent me a power of attorney document.

 

Since then I have found a lot of posts on here stating don't pay them and they can't do anything.

 

I have now moved abroad and the address they must have posted correspondence to no longer exists.

 

Just want some advice on whether this is worth paying (the hire company would have had their insurance), and if I don't pay what would happen if they have a previous address that doesn't exist, would it go to court and would I have a judgement against my name effecting me in future?

 

many thanks

 

James

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In principle, if you rented a vehicle and did not take out any insurance, there would normally be some minimum insurance which covered the vehicle as part of the standard rental fee – but after that there would be an excess that you would be expected to pay. Normally speaking the purchase of insurance is to cover the excess.

In principle it would be reasonable to expect you to pay this.

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Yes agreed but the cost is for the full damage - more than £500. If it was an excess it would be much less.

 

Also my question was whether it's advisable to pay CLI? They have offered me a discount but I have seen so many threads on here saying not to pay them.

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cli letter states 'our client' does it not?

 

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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It’s actually 2 ‘power of attorney’ documents - 1 from hertz stating that ‘sj inkasso gmbh’ is authorised to collect claims in their name (hertz). Then another headed with ’skandicinkasso’ stamped ‘sj inkasso gmbh’ authorising CLI to collect the claims submitted for processing in their name.

 

I have not received anything via post as we were communicating through email and they have an outdated postal address for me.

 

thanks for any help!

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what country was this car hired in/from?

what country did this damage occur in?

what country are you now resident in?

 

CLI are not debt buyers they are a powerless dca in Europe.

however their clients inkasso are debt buyers but not in the UK

hence the questions.

 

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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stuff and all legally these players can do

 

only hertz can take you to court by getting a uk solicitor to send a letter of claim

or if the debt has been sold and is confirmed by a notice of allocation then on behalf of the new owner.

 

let me guess this was also all by email?

 

 

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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All correspondence has been via email yes, but the address they have for me no longer even exists... so perhaps I should inform them of my new address? 
 

I’m not sure if they have bought the debt but they are claiming power of attorney for sj inkasso gmbh, and that company is claiming the same for hertz... so not sure what to do really.

 

If they sent a court order to my previous address I guess they could proceed with action in my absence...

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shouldn't have replied in the first place - there is your big mistake that caused all this.

 

never ever respond to any fleecers on anything to do with any debt sent email, over the phone or by text.

 

drop all comms now

block and bounce all emails.

 

a foreign debt collector that has a uk wing can't ever issue a UK court claim for a foreign debt they don't own .

and anyway there is no asset to do anything with a judgement anyway.

 

the pointer here is the 50% discount

CLI are simply flying a kite as they think you are a mug that will give them free money for their xmas party drinks bill.

 

 

 

 

 

 

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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Just one more thing @dx100uk

 

Is there any legal reason to block or bounce emails or it is just to deter them and from you answering?

 

What would happen if court action was started with an outdated address, and what if they didn't have a current address for postal correspondence for me? Does that cause me more problems in the long run.

 

Thanks!

 

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were this a UK debt, it's never a good idea to not inform whomever owns a debt you've moved thus protecting against backdoor CCJ's.

in this instance, I see no danger .

 

though I also see no danger either in informing, by email, therm of your address, and solely that.

stating..all emails will now be block and bounced. communication by writing only please.

 

look at it from the otherway, if you'd simply ignored them none of this would have transpired.

but that what kite flying is about.

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 There

 

I have now received an email from CLI stating

 

'In absence of any reply from you to our previous reminders we have are now turning this matter to our doorstep collections department.

 

Our doorstep collectors will visit you at the above address within 14 days at their convenience as a final attempt to promote an amicable settlement of this debt.

 

Our doorstep collectors carry out visits at any time of the day but during business hours when attending business premises, the day and into the evening but no later than 9pm when meeting consumers, and never on Sundays.

 

Remember that it is your right to seek free independent legal advice from debt organisations such as the National Debtline, Stepchange or your local Citizens Advice Bureau.

 

If you have any questions please feel free to telephone us at any time.'

 

The thing is there is no 'above address' since the address they have for me no longer exists and I now live abroad. What would be the best thing to do in this scenario? They may be able to get a family address for me somewhere and wouldn't want them turning up and threatening my mum... Don't they have to put it through court to make a 'doorstop visit'? And if they don't have a current address for me in the UK how would I be informed of any court action?

 

Many thanks in advance for advice.

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so you didn't block and bounce emails then....

 

dca's are not bailiffs.. stuff and all they'll do or can do..

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 did not block and bounce because you mentioned to give a postal address in the UK and I don't have an official address there.

 

To do anything they would have to take it to court? and if they do would they not have to inform me in writing? and how would they do this if they don't have an address for me? They say they would make a visit at the address in the email and there is no address.

 

thank you

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what part of CLI can't do anything are you not understanding?

 

 

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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Oh ok sorry, I thought they would be able to initiate legal action because they had the power of attorney document... although that was stating authorisation for them to act on behalf of a debt collection company in Germany and for the company in Germany to act on behalf of Hertz...

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The pOA docs say 'collect'

 

Only the 'owner' of a debt can instigate legal action .

 

 

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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