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    • I'll reply more fully  later as I'm about to go out. But meantime who was this person who you allowed to drive your car? How did you know him? Was he insured to drive your car? If you are to defend the matter we need to find out if you have a reasonable chance of success.
    • I think it particularly telling that overweight poopulist Tory **** whos worst experience on missing a meal is missing out on cake, biscuit and tea for elevensese between free breakfast and free lunch, and who voted as a decidedly overweight whole to leave British children hungry, STILL claim that its age and obesity, not their own policies and practices, that have generating the 'world beating' British death rates.   Perhaps they are leading up to claiming that them voting for children to go hungry was part of the health drive to reduce the childrens risk of catching Covid? Wouldn't put it past them.    
    • Anyway as Priti Patel says you can't go abroad for a holiday, and given the control freakery, soon have to Quarantine if you go to England from Wales or England to Scotland & back so Johnson stuffed🤣
    • Meanwhile the EU is reviving the Ally Your base internet Zero Wing meme with All your vaccines belong to us.   https://www.dailymail.co.uk/money/comment/article-9193993/MAGGIE-PAGANO-Shame-Brussels-bullies.html
    • Perhaps following his dads example of bypassing his own rules by flying in from one of the countries where you dont have to isolate
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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
      • 31 replies

Cabot/Mortimer claimform - old Zopa Loan Debt ***Claim Discontinued***


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well they can't litigate twice...

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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They can DX......a claim that has been discontinued has never been adjudged...so they simply request permission to re issue given that a defence was submitted.

 

Discontinuance and subsequent proceedings

38.7  A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

Dont worry about the N279.....there not known with complying with court procedures....and oyu have seen it on MCOL that it has ben discontinued.

 

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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Actually they dont even need permission as the defence was not submitted in this instance.

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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All noted, and thank you.

 

What should I do next?  Especially as they have again sent to the incorrect address despite acknowledging my letter.   I am thinking that if I email them to highlight the address issue and then wait and see? 

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I would scan redact and upload the documents sent..so you have them here safe in your topic.....file everything away and forget about it.

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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As advised - here are the documents received minus the I& Form.

 

Pages 1-6 are a copy of the 'Original Agreement'.

Pages 7-8 are a copy of the 'Notice of Arrears'.

Pages 9-10 are a copy of demand for payment with an accompanying statement.

 

Edit to add - A list of lenders is an Annex to the 'Original Agreement' but omitted from here due to being a long list of ID's.

 

 

20201127-CPR Docs Reply-CAG.compressed.pdf

Edited by kjw327
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  • 2 weeks later...

Update - this reply from Cabot in relation to the CCA request arrived today.  I understand that this is their standard response.  Interesting that they advise that they do not have a CCA yet MC tried to pass off the previously posted documents as CCA.

 

Irritating that they sent the reply to my request to my old address despite my updating them.  Is there anything I can do about this?

20201209-CCA Reply-CAG.pdf

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probably done on purpose to get you to respond dont!
 

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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... 

Link to post
Share on other sites

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