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    • So they have had their five days plus their extra deadline and the only thing to come from Virgin is a deafening silence.  Next step I assume is to send the warrant letter- on MCOL I can just go ahead and issue the warrant there (which will be an extra £70) as they have neither paid the judgment nor provided a good explanation as to why it remains unpaid. Is it worth beginning another claim against them for noncompliance as they have still failed to fulfil their obligations by providing all the data?   Just to keep all bases covered I actually modified the last paragraph of the letter sent on 11/2  to include the second handset details so it stated 'Therefore if I do not receive full disclosure from you(including all notes and correspondence you have regarding telephone number [Second handset line]) by XXX date [original deadline +5 days] I will sue you in the County Court and without any further extensions and without any further notice.'  
    • Hey Bank Fodder - thanks for the response... The BVRLA are the governing body for vehicle rental and leasing. I do think you are right re: the lease company being responsible, but their argument - on the telephone only - they've never responded once in writing or replied to our emails - is that the vehicle is out of warranty. My response is that a modern car, that is only 5 years old, should not have a leaking window - especially when I can prove with photos that it wasn't bonded properly in the first place, and there is a ton of anecdotal evidence in Evoque forums of many owners having had the same faults - both with the leaking windscreen and the flywheel/clutch issue.   The fact that Lex have told the the BVRLA that the clutch failed due to driving style is infuriating - they cannot know that without having inspected the vehicle. But, when our repair centre did the clutch repair they found the flywheel had failed and shredded the clutch - clear parts failure, and at only 32k miles - not fit for purpose. Problem, is Lex are not listening or engaging with us. In total, for 3 months refund of payments, for when we had no use of the car, plus the clutch repair and leaking window repair, and the replacement car seat (plus any additional compensation we may be due) it comes to about £4850. In Scotland we would have to use something called a Simple Procedure - effectively the modern equivalent of the Small Claims Court. But I am not sure we will get anywhere with this either. So, I am looking for advice on how best to sort this out, and perhaps, the best way to word any correspondence/claim.  
    • That’s what I thought tbf Dx. Noticed it’s all just ‘ifs’ and ‘mays’ at the minute.    Will search just now cheers.
    • Letter done & sent, forgot I even had a cheque book!   In the meantime as I said I had 2 a/c's with BC, this one that owes £2600 and another that owes £2800. Both were subject to the same arrangement but only tis one has been transferred, called and asked them why and they do not know!   I'm thinking I am better off with Link as then, if they can prove the debts, I can look to negotiate a final settlement for both all in one or set up a payment plan for both all in one. Any thoughts please?   Also is there any relevance that one of them used to be with Egg?   Thanks again
    • If the car was due back to LEX at the beginning of October, and it had been at "a repair centre" since the end of September, why didn't LEX just collect it from the repair centre when it was due?  Then the clutch would have been their problem - as you say, a non-faulty clutch should not fail after 32K.   Or are you saying that you extended the lease after the clutch went?  (Surely not... ) Sorry but without a timeline and some clarity from you it's difficult to follow what has happened.   Why wait until mid-November to try to sort out?   Too late this time, but my understanding is that Range Rovers and Evoques have an appalling record for unreliability and are very expensive when they invariably go wrong.
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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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Hoist/cohen claimform - ex EGG now barclaycard debt


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so nothing to do with any extra mediation, its a std court hearing over the phone .

 

who are 'they' that said a magistrate please?

 

have you exchanged witness statements?

 

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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Still strange.....a telephone hearing for what ? Its not the normal sequence of events...   the claim has still yet to be allocated. ...unless you have already received your Notice of allocation (N157) ?

 

You initially stated the telephone hearing was for June...then you disappeared for 5 months ...then you have a hearing this week for mediation which failed...now your having a telephone hearing in December.

 

I can only assume this is to question the Statute Barred element of the defence.

We could do with some help from you.

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I was quite reluctant to discuss specifics for all to see..

.tried to discuss things privately..

 

.no witness statements exchanged from my side.

 

..they've sent letters and the original bumpf that looks like a bad copy of CCA,

but their solicitors noticed that Statute Barred element was an error on my part as still within 6 years.

 

I kept sending messages on the private thinking it was the public forum as they look the same..

.apologies for that.

 

Informal mediation was back in June over the phone.

No Court stuff.

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so you sent PM msgs to someone on cag?

 

and you have hoists witness statement and exhibits?

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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why do you need to set aside they've not got judgement yet...

 

what date is your hearing and why didnt you send your witness statement by 14 days before the hearing date?

 

can we see their witness statement please!!

 

 

 

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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Share on other sites

Still recoverable 

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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Share on other sites

Hearing is tomorrow by phone, I was visiting my son in Paris..have tickets to prove it so didn't get the documents until yesterday....

 

They sent e-mail PDF under name of solicitor rather than comppany...must have gone to spam....no paper version sent. Shall I send the pdf ?

 

I have all paper correspondence in order here...

 

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their WS should come from a solicitor, the fact you've been away is not an excuse for not filing your WS in time, nor for not receiving their WS.

 

we could have easily countered their WS in yours had you bothered to research things properly from day one and also noted you should never give nor allow the use of email addresses to the fleecers.

 

i'm not sure if you can phone the court now and delay the hearing to be able now to file a WS.

we rarely lose any hoist barclaycard claims if things are done to the tried and tested method in the 10's of like claims here already as their paperwork is always pants.

 

 

 

 

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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Share on other sites

please use PDFmerge detailed in our upload guide

else we will be here all day downloading single page uploads

 

we need ALL the WS and the exhibits.

 

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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Sorry what is WS can't find it in Abbreviations Post...trying to edit their bundle of files...

Edited by Gonadz
Can I send it privately as there are 110 pages ? Seems sensible to add so edited....
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did you ring the court and ask for a delay?
 

ws ..witness statement ...all the documents you are uploading above are from it....

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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Share on other sites
  • dx100uk changed the title to Hoist/cohen claimform - ex EGG now barclaycard debt

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.

 

 

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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Share on other sites

My surname is spelt with one B instead of 2 on the Egg CCA that they sent a copy of...but address is correct.

Should I submit a late WS now ? How should I proceed tomorrow on the telephone ?

 

Edited by Gonadz
specify surname
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immaterial. Neither of them are agreements merely pages of T&C.

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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Share on other sites
56 minutes ago, dx100uk said:

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.

 

 

 

go find a ws in the legal successes forum for your same player s there are loads relating to WON - No default notice.

adapt it 

take it with you 3 copies.

1 judge

1 cohen

1 for you.

 

you could email the court and cohen.

but its really very late to do so...

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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Share on other sites

MY WORDS IN ITALICS

 

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it -

 

No sign up Box & my name spelt wrong can I suggest it may be a forgery ? Date just says 4 2008 but  no IP address.

 

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

Statement of Account which says COPY STATEMENT 100 times at top is not a DEFAULT NOTICE, would that Def Notice be from Barclay's ? I can't see one anywhere. Looking at Legal Successes to write Email now.

 

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There are several instances where Horst mentions BUYING the account and Coen 28/8 'Our client purchased this account'. Barclaycard use 'effective owners' 'assigned and transferred' Trying to patch togethjer a defence read all threads which were WON after using search bar - it's quite hard to find threads I found.

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