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    • So, I'm better off cancelling any dd's relating to debts, just to be safe?
    • there is no need to be frightened of a DCA or their pet solicitors. a DCA is NOT A BAILIFF and have  ZERO legal powers on ANY debt no matter what it's type and most certainly have ZERO powers even with a CCJ.   how did you inform SLC of your present address before these debts were sold to erudio?  
    • 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.  
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Claiming old charges with contractual interest


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Hi all. Starting a new thread on the journey to reclaim my very old charges. The story so far. After chasing Barclays for almost 18 months and with days to go before a court hearing they handed over my credit card statements from 2001-2004. Many thanks to everyone who helped along the way. 
 

I’ve had a quick look through the statements there are approximately 20 charges there. £15-20 pounds each. I’ll sort them by credit card account and add them to the compound interest spreadsheet.  Then update here. 

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Hi all. Starting a new thread on the journey to reclaim my very old charges. The story so far. After chasing Barclays for almost 18 months and with days to go before a court hearing they handed over m

don't forget the shelley and martin2006 threads 

Restitution..until they settle

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Glad you started the new thread and watching ..............

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don't forget the shelley and martin2006 threads 

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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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Ok I plugged in the charges to the spreadsheet and I am getting some very big numbers out. 
 

 I could split it into separate claims for the different credit cards. However even then the amounts are over the small claims threshold. 
 

Should I split it further? That would probably annoy the courts.


Is there a claim amount where BC start to put up a proper fight?

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Are the cards still active?

if not you cant charge CI past the date they stopped charging their int IMHO

 

but you can charge staint on that total till they settle

 

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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No they are no longer active.

Why is there a limit to only charging CI during their active span?

I would have thought BC would have carried on making money on the charges I paid from the date of the charge onward.

 

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nor investing at their card rate past when its not charged by them so neither can you.  

 

Rather than do CI

Use restitutional at 24.9%

Slick132 is the master on this

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'm learning  :) So contractual is different from restitutional then?

 

Can I claim restitutional for the elapsed time from the charge till the claim date?

 

Thanks for your help!

 

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Hi Tnook,

 

What rate did you use on the compound int't spready referred to in post #4 above.

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Thanks !:-)

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24.9% see Shelley thread

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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Restitution..until they settle

  • Like 1

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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Over the years, it's a figure that has been used successfully and is perhaps more easy to justify.

 

Also, as time marches on, older charges result in high amounts of restitutionary interest that can take claims beyond the safety of Small Claim £10K limit.

 

Let us know the approx figures you have for default fees and for compound interest thereon when  you use 24.9%.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Thanks Slick. There are 4 credit cards in the statements. Using the CI spreadsheet at 24.9% I get:

 

Credit card 1:

Charges = £150   (8 charges)

Comp Interest = £6,681

 

Credit card 2:

Charges = £60 (3 charges)

Comp Interest = £2,191

 

Credit card 3:

Charges = £130 (7 charges)

Comp Interest = £5,949

 

Credit card 4:

Charges = £60 (3 charges)

Comp Interest = £2,192

 

Total charges = £400

Total comp interest = £17,014

 

I guess I could run these as separate claims.

 

Edited by tnook
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Seeking advice on this for you ..........

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Fascinating how sensitive the percent rate is on compounded interest. I was just trying the spreadsheet with the following values:

 

24.9% -> £17k interest (as above)

29.9% -> £32k interest

34.9% -> £61k interest (currently highest interest rate BC charge customers)

 

Don’t worry I’m not planning the impossible 🤣

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Yes, a tiny increase in the interest rate results in a significant hike in the compound interest on the spready. And the older the charges being reclaimed, the greater the effect of compound interest.

 

Advice from Site Team on the amounts involved is to proceed with card #1 claiming the £150 + £6681and card #2  claiming £60 + £2191. Total of £9,082 is within Small Claims limit of £10K.

 

Crack on though because interest will continue to rise rapidly.

 

Please remind us, have you reclaimed from BC (or other card) before.

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Yes, splitting a single card claim into multiple claims would cause problems. If/when the bank looked to settle a claim, they'd want you to agree that the refund is in F&F Sett't of all claims regarding that account.

 

Secondly, please hold off sending the letter(s) while Site Team discussions are ongoing about this case.

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Guys just to let you know. Chasing these claims is more out of the principle for me. Truly value the help CAG give and provide. Admire the reassurance and advice you give, especially to those in desperate need. Will be looking to donate a significant portion of the final claim. 

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