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    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

Link and Halifax Loan + sep Halifax OD


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Yes they show it was refused doesn’t it? I’m thinking did I apply on my own and it was refused and then maybe put my husbands earnings on, I just can’t remember. The first loan I don’t remember how I took it out but there’s nothing of it in the sars. No one advised me to consolidate 

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Thinking back 2016 was when I realised we had too much debt and were in trouble I suggested and looked into a DMP but my husband said try the loan, two years down the line we have to go for the DMP.

 

i shouldn’t have taken but Halifax really shouldn’t have sold me a load to pay off a loan if there’s and get more interest off me, it was bound to go one way. How are they allowed to do this. I’ve been through my sars about 5 times and once already today, it’s about 5 inches thick. I need to look in the bank statement part of when Halifax put the 19k in my bank and how much I paid straight back to them on their original loan. 
 

I’ll look again for the 2016 loan but sure there was nothing 

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So why did you do it?

you tried for several years to merge your debts and eventually succeeded.

that cost you dearly as you paid extra interest to settle any other credit you had , as i bet you didn't get any settlement offers just paid them all off blindly.

 

 

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 of course I didn’t and that’s why I ended up in 48k of debt, a lot of it interest and lining these companies pockets.

 

3 years on I have repaid now 35k and I am trying to do everything I can to claw back on my mistakes.

I also don’t want companies to be allowed to do this so they need to be argued against.

I am a different person now and know a lot more than I did then from reading and forums such as this.

 

The past is the past and I want to carry on moving forward.

Yes I shouldn’t have done it, yes I think about that a lot but here I am.

 

Now can I get Halifax for this ? 

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certainly looking possible.

 

might it be an idea to contact halifax dept that sent the sar and ask where are the details of the previous loan please number xxx taken out date xxx.

the basic info of what you settled should be in the sar you have to enable a more detailed search by them

 

 

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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Thanks I will do that.

I’ve checked thought the SARs info again and not mention of that loan at all really strange.

I was also paying £300 a month on a Tesco loan the same time they gave it me, very silly 

 

@dx100uk 

I sought advice from the nation debtline web chat about going through an irresponsible lending claim,

the First Lady was brilliant giving me sections of the credit act to quote and then we got cut off.

 

The next two people weren’t,

the first one said I didn’t have a claim as they offered me a loan and it paid off my overdraft or something and the other one said they couldn’t help me as it was a legal matter and I would have to go through a legal team.

 

Not got a clue if I have a case now and what qualifies as one 

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lets get our duck inline shall we first..

 

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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Share on other sites

You are still missing info...

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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