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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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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Hello just asking,?


I purchased a discount new cooker as it had cosmetic damage, paid £250

After a few days I noticed the fan never went off, I contacted the company and they finally collected the cooker and took it away, ( for 7 days) And fixed it,

 

It never seamt right? It steamed up in the clock panel and the oven door was mis-lined It had multiple dints in the sides Top panel missing on the door to stop food dropping in, Shelving didn’t fit well Then main fan started to rattle and tap

 

I put up with all this as it was *discounted Then one day whilst cooking we could smell a funny smell Turns out the wires had melted on the back of cooker I contacted the company again and it took a lot of phone calls to try and get the problem dealt with, speaking to several different staff....I wanted a refund or replacement I had had the cooker 6 months just! I asked for a refund or replacement 

 

I contacted trading standards and citizens advice and they advised me what steps to take! Finally the company offered to replace the cooker, then later changed! As they explained that nothing came in to replace it they were too damaged! ( been told they buy at auction damaged) They wanted to look at the cooker and inspect the damage themselves, so I agreed they collected the cooker,


No update, or communication I had to constantly chase them up Nothing was sorted out with 7 days we had no cooker, I threatened Trading standards were now involved Last thing on a Friday in June they rang to say I can collect the cooker it’s fixed!!!! I had expressed all along I didn’t feel safe using this cooker anymore with my family I didn’t want this cooker fixing again ( by whom) They started to blame me and said I should be grateful they aren’t charging me for the repair!

 

Still today in August this is not resolved 

Trading standards have been useless 
Citizens advice have told me to take them to small claims court!????

I have had to purchase another cooker 
As I’ve been left without one.

 

I am in a vulnerable situation in life, Im a carer for my husband and have children and have no one to help me sort this mess out! I am struggling with making the county court claim ? What shall I do?

 

( sorry for long message) ✨

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Hello and welcome to CAG. People should be along to advise over the course of the day.

 

Which retailer are we talking about please?

 

By the way, something seems to have gone wrong with the spacing in your post above so I've popped in some paragraphs. :)

 

Best, HB

Illegitimi non carborundum

 

 

 

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Can you tell us what date you purchased this cooker

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Thank you.

I'm afraid that I think that you are very likely to have to bring a small claim in the county court. It's not difficult and we will support you and help you draw up your documents but you should look around this forum  to understand what the steps are so that you are confident about it.

there is a small possibility that if you send the letter of claim that they may put their hands up but in my experience it is rather unlikely.

 

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No problem.

 

Let us know when you have decided what to do and we will help you with the next steps.

 

If you bring an action your chances of success are much better than 95%

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Citizens advice told me to do the same,

I have looked online and the forms are my option as I may need financial support with the claim, so I’ve printed them off, 

 

I will look at everything later when I have more time 

Thankyou so much 

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well as I have said, let us know when you are ready and we will help you draft the letter of claim and also the particulars of claim. It will be relatively straightforward but it will help you to know the steps in advance.

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Hello, I might sound very stupid,

but I have already done the notice letter, 

explaining that I intend to take them to court etc... 

I have already taken the steps advised by citizens advice and informed them I am not happy with the outcome or decision 

 

I have waited the time I was told to give them,

 

I have downloaded the forms from the government and printed them off, 

so now all I start to do is fill in the form and pay the fee and post?

also do I send the financial statement forms at the same time,

 

then do they reply? With a questionnaire? 
then do I send evidence/ proof/ photos?

 

i am unsure what order I need to do all this?

 

sorry for all the questions 

thankyou 

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Sorry, I hadn't realised that you had sent off your letter of claim etc.

Maybe you can post up your letter of claim here for us to have a look at.

In terms of getting a waiver of fees maybe my site team colleague @Andyorch can help but we can certainly help you once the claim is underway. We can also help you draft the particulars of claim which should be kept to a minimum. Avoid any attempt to have an extensive narrative. It won't be necessary to send an additional detailed particulars of claim with this. It's going to be pretty straightforward

 

 

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  • 2 months later...

Hello,

it has taken all this time to get to the stage of me needing to reply with my questionaire

and also fill out a help with court costs form,

 

the problem I am now facing is the defendant states

 

1. It took me 7 months to address the problems

 

2. The wires that melted were outside the cooker in the box on the back.

 

3. The cooker was fitted by me ( which is incorrect as their engineer put it back in for me after first repair)

I have no way of proving that!

 

4. They acted within the law and repaired the cooker again and I rejected it, ( I asked for a replacement or refund and got no choice or communication)

 

where to I start from here??? 

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why dont you scan up their full defence please

PDF only or just copy and paste the text here

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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And a copy of your particulars of claim would be helpful as you skipped posting that part of the claim.

 

Andy

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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by far the easiest way is to simple just copy and paste the text from mcol of their defence

and from the file you wrote to paste your particulars into MCOL 

and drop them here

 

we dont need photos of anything

you don't use photos (JPG's) you use PDF

that wat we can zoom them

read our upload guide carefully

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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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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do you not want to remove your real name from everything?

 

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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