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    • barking up the wrong tree sadly...the debt has been sold on we are quite aware of all these rules - and there is nothing specific that states a debt cannot be sold.   such guidelines quite rightly would have applied to the original creditor if they had been made aware of any issues in writing nothing to do with the case now as they are not the claimant.   can you please stop faffin around and get up everything we need to help you instead of running around disappearing down various rabbit holes which although admirable are this far down are sadly somewhat irrelevant at this very late stage for now. its been more than 2 days since asking.    
    • Thanks BN.  Seems I got the date wrong.  I calculated it when the person who first posted about the case mentioned how long before their post it had been.    So, revised snotty letter -     Dear CEL,   cheers for your Letter Before Claim.  My local supermarket has completely run out of toilet paper in these dark days of lockdown and panic buying, so it was very kind of you to give me a hand.   Now you know and I know and now you know that I know that your app is useless and your case is total pants.  You also scored a big own goal when you tried to sneak in £82 Unicorn Food Tax.  Remember DDJ Harvey's judgement at Lewes on 5 February 2020 (claim number F0HM9E9Z)?  Not very happy with these made-up amounts, was he?   You can either drop this foolishness now or get a good hiding in court.  Up to you.  I quite fancy a well overdue holiday once all this COVID stuff is over and your financing it after an unreasonable costs order under CPR 27.14(2)(g) would do nicely.
    • Mental illness and debt:  What are the rules?   There are several laws and codes of practice that affect how banks and other financial organisations might deal with a customer with mental illness.   Equality Act 2010 The Equality Act says that service providers, including creditors, must make 'reasonable adjustments' for those disadvantaged by a disability or 'mental impairment'. Most mental illnesses would be covered by this definition (although substance addiction is not covered). Some creditors might want evidence of mental illness, such as a copy of a letter confirming an appointment, or a copy of a prescription. Examples of possible reasonable adjustments: • Putting specially trained staff onto the case. • Agreeing to make contact via letter rather than phone (if phone calls make the debtor anxious). • Allowing extra time to gather information etc. • Agreeing to delay collection procedures for a short time. If a provider has acted in a discriminatory fashion, the consumer can complain. Examples include: • The creditor refusing to communicate in a way the consumer can deal with (e.g. by talking to someone authorised to call on the consumer's behalf, or insisting on communication via phone call when this increases anxiety). • The creditor sold a product (e.g. a loan or credit card) without fully explaining it or making sure the consumer understood the consequences. Complaining to the bank or debt collection agency itself might be helpful, especially if the Equality Act is mentioned in the letter. Taking it further can be stressful and time consuming, but occasionally necessary. Legal routes could be making a claim against the creditor or by claiming discrimination if the creditor takes legal action about the debt.   The Mental Capacity Act The Mental Capacity Act 2005 deals with what should happen if a person lacks the capacity to make decisions for themselves. This includes financial decisions. If someone borrows money while they didn't have the capacity to properly understand what they were doing - for instance, during a manic episode - the law still sees it as an enforceable contract by default. To have the contract cancelled, it must be shown that the creditor knew or should have known about the reduced mental capacity.   https://www.choose.co.uk/guide/mental-illness-debt-help-rights.html
    • if you mean the CCA sure but yes you must always redact things you put up as we have to abide by data protection and ofcourse you/we are anon anyway    
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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 all

 

Ive read several letters and now im fired up to take on lloyds bank. Im over my overdraft. Im in debt and i have kept them informed but all i get is threatening letters. They charge me £45 a month charges and refuse to listen to me all my debt adviser when we asked if i could pay a token payment each month.Credit cards have accepted but my banks havent.

 

So thats me going to fight back now.

 

Im going to threaten court if they dont take back the charges.

 

how do you go about taking them to court?

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Hi all

 

Ive read several letters and now im fired up to take on lloyds bank. Im over my overdraft. Im in debt and i have kept them informed but all i get is threatening letters. They charge me £45 a month charges and refuse to listen to me all my debt adviser when we asked if i could pay a token payment each month.Credit cards have accepted but my banks havent.

 

So thats me going to fight back now.

 

Im going to threaten court if they dont take back the charges.

 

how do you go about taking them to court?

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5448 days.

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