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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

Cabot - Old Lloyds TSB Credit Card


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On 3 February 2003 I opened a credit card account with Lloyds TSB.

 

In May 2009 I defaulted and the proverbial hit the fan and the debt was passed to Cabot.

 

Any PPI was investigated by the Citizen’s Advice Bureau back in 2009 and all was found to be above board.

 

I have since that time continued to pay £1 every month to Cabot without sending any details of my income mainly because my circumstances never changed.

 

Recently I have received a letter from Cabot Financial.

They’re considering legal action as they require an update about my situation.

If they do not hear from me within 28 days my account will be placed with their solicitors whereby they will send me a “Letter Before Action” and subsequently a court claim will be issued against me. It details all the threats of a CCJ and the outcome from obtaining that would bring, including a warrant of control – enforcement agents (bailiffs) will visit me at home for the money or remove goods.

 

I am unemployed but not claiming benefits.

Do not own any property or goods of any substantial value, only a second hand bicycle and this computer bought in 2012.

 

I’m not too concerned about a CCJ and I’d rather get this done and dusted after all these years of waiting for such a letter from Cabot.

The debt today stands at £9500.00

 

Perhaps the next step should be send a SAR to Lloyds and a CPR 31.14 to Cabot…. And await the claim form.

 

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no you should have sent the fleecers a CCA request the moment they bough the debt

instead of blindly paying a powerless DCA and running the Statute Barred date to infinity.

 

do it now.

 

and read their letters carefully

doesn't say WILL anything 

 

see the red bits below about DCA's 

if you can't see them.

tell me..

 

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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must send a letter of claim first via the 2015 pre action protocol...

 

 

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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