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    • to frighten and intimidate you most probably. don't engage.   have you done your WS yet? needs doing in the next 7days    
    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
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General advice on SB debts


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you could always wind them up and ask for the CCJ judgement claim number they are intimating exists..

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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and the address..

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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Yes you still get a notice of recording a default from your bank. 28 days usually although not required by statute

 

section 98 Is a no default termination notice with which the creditor can terminate the agreement at any time, although not demand immediate repayment, on open-ended credit

 

76 on fixed sum.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Was getting slightly worried as not had any correspondence for a few days. Anyway this turned up in my inbox :

 

 

Quote

 

We, TM Legal Services Limited ("TMLS"), are recovering the outstanding balance which is in relation to a County Court Judgment. 

 

The Attachment of Earnings has recently been adjourned with liberty to restore, as they are awaiting to confirm your current employment status.

 

We may look to pass your account to ASpecialist Tracing Agency.

 

A Specialist Tracing Agency have secured information that can be provided to TM Legal Services in order to contact you regarding the Judgment. They have access to extensive databases and may provide us with your up to date employment details to continue with the Attachment of Earnings.

 

All Tracing Agents that are used are accredited by professional associations, their work is both ethical and legal.

 

 

 

 

 

They must be soft in the head !  Surely if I had broken the CCJ agreement they would have gone straight back to court..??

Quick question are they breaking financial guidelines with these emails/letter falsely claiming a CCJ ?

 

Another one in today..

Just to confirm TML cannot start adding details on my credit file? They would have had to do that from the default date?

 

We TM Legal Services are about to report the default status of your account(s) to the Credit References Agencies (CRA’s) and plan to start this within the next 30-60 days. The purpose of this communication is to let you know in advance so that you know what this means and to give you some time to take action should you want to.

 

How Can I Prevent This? 

If you clear the balance on your account(s) within the next 30 days, we will not register your account(s) with the CRA.

If you’re unable to clear the balance in full, we are open to considering all reasonable offers of settlement. Please contact the office to discuss this.

If you settle your account, in part or full, after the default has been registered at the CRA’s, the default will remain visible on your credit file for the next the six years. However, the default will reflect that you have settled your account.
 

What does this mean?

We will provide the CRAs with information on any defaults and settlements with regards to your account(s) with us.

 

Please note, having a default on your credit file at the CRA’s is likely to affect your ability to obtain credit, such as a loan, mortgage or mobile phone contract, until the six years from the original default date has passed. Once this time is up, the default will no longer show on your credit file.

 

If you are unable to repay the full outstanding balance or make us a reasonable settlement offer, please call us to discuss and agree on another amicable solution.

 

A payment arrangement will not prevent the default from being registered. If your account is being managed by a Debt Management Company or insolvency practitioner a flag will be registered alongside the default to identify this.

 

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once a debt is defaulted [or 'whatever' - to stop pages of irrelevant drivel appearing here that equates to the original creditor registering a defaulted date in the debts summary ] 

 

that start a 6 yrs clock, on the defaults 6th birthday, the whole account vanishes never to return..but that is NOT necessarily the SB clock.

 

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 DX .(and a bit rude, isn't it?)

 

The SB MARKER is deleted, after 6 six years. That is,  six years after it had been placed.

 

Not from the default date of the account(issuance of 87 notice. As said. the section 87 default notice is not the same as the CRA notification. 

 In other words the marker must not remain on the CRA file for over 6 years since placement.

 

This is important, not drivel. As the Marker may appear well before the default date for enforcement.

 

 

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If you clear the balance on your account(s) within the next 30 days, we will not register your account(s) with the CRA.

 

 

The above sounds like blackmail to me.....wonder what the ICO take on that would be ?....if it s legit it would be registered anyway or since fallen away after 6 years.

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

 

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Thanks so far..did a little digging and lucky I have kept email correspondence with these clowns from an old email account

.

Date loan taken out - 24th July 2013 

 

Default notice - This notice is given in compliance with the Consumer Credit Act 1974 because you have defaulted on your payments under the Terms & Conditions.

This Notice does not take account of default sums we have already told you about in another default sums notice, whether or not those sums remain unpaid.

Date Payable

31/01/2014

Nature of Default

Day 1 Arrears

Default Sum

£12.00

Total Default Sums Due

£12.00

 

** So in theory this is the default date that the 6 year marker is against? Is that correct?
 

 

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so not a default notice under section 87 but merely a NOSIA.

 

 

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

Correct!  Located another email, an actual Notice of default dated 13/5/2014 , this looks like the official one.

It has the line - To remedy the breach you must pay us a total of £935.68 before 27/05/2014.

 

So the official default is 13th May which of course is fast approaching the 6 year mark this year...

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So the official default is 13th May which of course is fast approaching the 6 year mark this year...

 

No the official is 27th May

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

 

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22 hours ago, Andyorch said:

If you clear the balance on your account(s) within the next 30 days, we will not register your account(s) with the CRA.

 

The above sounds like blackmail to me.....wonder what the ICO take on that would be ?....if it s legit it would be registered anyway or since fallen away after 6 years.

No no. It is just a statement which confirms the default will be recorded, if the account is still in default.

Nothing  sinister. Although these notifications are not statutory, they are approved. Introduced originally buy the banking act many years ago.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Its already been registered on the CRAs ...read post#39

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

 

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Makes no difference, suppose you could claim fraud, but not to any effect.

Anyway could we stay on topic.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Anyway could we stay on topic.

 

 

:classic_ohmy:  You crack me up Peter......

We could do with some help from you.

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To be honest the emails are more a daily nuisance certainly not worth worrying over , just worth keeping an eye on to see what they are up to. 

As mentioned I tried years ago to communicate and then sacked it off after their rude and stubborn attitude.

I have checked all three CRA's and unable to see this entry...

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So its not been registered with the CRAs...but you have had a Default Notice dated 13/5/2014...just goes to endorse and  reiterate my post #36

 

" If you clear the balance on your account(s) within the next 30 days, we will not register your account(s) with the CRA "

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

 

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Is this debt still with the OC

We could do with some help from you.

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Yes...it was originally 1st Stop finance , then moved over to TMLS...who I believe are the same company, only TMLS are the debt recovery/legal side. All based in Blackpool

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Then in response to your previous post...there is nowhere for it to disappear as its never been registered...but safeguard that DN  you have proof of the default date...they would be foolish to register it after  6 years of the initial default.

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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the debt was sold to asset collections..

read the TM letters..it's says our client.

 

this trick of vaguely claiming an old CCJ might exist by these 2 has been going on for 10yrs now, exactly the same letter chain.

and before that too..they changed their names from JD debt recovery & DLC, who previously got castigated for exactly the same trick.

 

 

 

 

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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