Jump to content



  • Tweets

  • Posts

  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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

CLI Chasing Jamaica National Small Business Loan debt


Recommended Posts

How to I prevent this?

 

"Our Client has now instructed us to proceed through the Courts in order to collect the above debt. Hopefully you will seize this final opportunity to settle the matter amicably to prevent the issuing of a Clain in the County Court and the addititional Court fees and lLgal costs that this would generate."

 

1) I have not received a default notice from the alleged creditor within 6 years.

 

2) So far I have not received any Notice of assignment or Deed or assignment from CLI.

 

3) There is also no evidence tying me to any communication with the alleged creditor in the 6 year limitation period which is also the case in Jamaica. Any such communication they trump up I can flatly deny.

 

I3) How can they take me to court for an international debt when they do not own the debt?

Edited by syphont
Link to post
Share on other sites
  • Replies 89
  • Created
  • Last Reply

Top Posters In This Topic

Is that the third or fourth last chance ?   Have they sent you a Pre Action Protocol pack yet ?

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

Link to post
Share on other sites

I have received fom following from them:

 

1) a Formal debt recovery notification

2)A Final Reminder

3) A notice of personal visit

 

 and now this... no PAP. All within 2 months.

 

Edited by syphont
Link to post
Share on other sites

Well until a PAP arrives...which will allow another 30 days before litigation can be commenced......stop worrying.

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

Link to post
Share on other sites

Sorry I dont follow....in respect to what ?

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

Link to post
Share on other sites

What is the logic for doing this? Let us assume the PAP arrives. Now it is at the court level. I will still have to do something at this time with 30 days till litigation.

 

I would rather have a plan before then, by considering my options now. I do not want to have to "cross that bridge when I get there". I want to consider from now, being proactive vs. reactionary.

 

I other words, assume that I did get a PAP, what do I do?

 

Considering the three points I made in my most recent followup post today, what can I do?

 

Please help

Edited by syphont
Link to post
Share on other sites

they need mugs to fund their xmas staff party drinks bill with free money.

 

i could instruct my dog to sit

if it does is a totally different matter.

 

we will jump

we are going to jump

we really will

we really really will.

oh but we can't we don't own the debt...damn!

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

The receipt of a PAP is an indication that they mean business...but not necessarily litigation....so if you do get one then you can request all the documents required and you will see if they can comply.

 

You state the debt is statute barred anyway so I really cant see why you need to be proactive..

 

Their letter of threats simply expect you to jump and panic.....and pay.....so they dont have to to justify disclose and prove their claim.

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

Link to post
Share on other sites

The thing is that I I suspect that any alleged debt I may have with them would be statute barred already, or (more importantly) will be statute bared in March-April of next year. I have some doubt on this since the years on any alleged debt are abit blurry, and I do not know for certain.

 

Can any actions be delayed?

Edited by syphont
Link to post
Share on other sites

Well you will be able to establish all the details if and when a PAP is utilised and if they can comply...then if they issue a court claim you will have all the details to prepare a defence to the claim......but as of now its all... ifs... buts.... and maybes.

 

So not point worrying. 

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

Link to post
Share on other sites

What sorts of things will they have to provide with the PAP that would show they can comply and the PAP is valid?

 

Should I not have to have been sent the following by now?

 

1) Notice of Assignment

2) Deed of Assignment

3) Default Notice

 

I have none of these things. or can they legally back-date and send these things after the PAP?

 

Also, what are the chances that they ase attempting to get a backdoor CCJ, as I have not communicated with CLI at all, and they may have no evidence that I have gotten the letters? All CLI correspondence was by 2nd class unsigned for mail;

Edited by syphont
Link to post
Share on other sites

Whatever you request.....agreement statement of account default notice notice of assignment.

 

Debt collectors do not have to disclose anything until a claim has been issued...thats why you ignore.....might as well be a stranger knocking at your door asking for 4K...and they need not prove a thing.

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

Link to post
Share on other sites

whatever you demand on the PAP reply form..

but that wouldn't come from a dca anyway, but a solicitor. who's client is the debt owner,

to date the cli letters say our client...who is....

 

go enjoy you life and stop worrying about 

 

was this latest comms by email or text - a free way to scare mugs...both of which you should be ignoring, blocking, bouncing and reporting as spam...

 

The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Legal - Consumer Action Group

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

nope as above..

 

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

The communication was by 2nd class mail. Could they be attempting for a backdoor CCJ?

 

Based on previous response, are you saying that if this were legit, communications should be through a solicitor?

 

Also, The link you provided states it only applies to England and Wales. The debt is international., so does nay of this appli?

 

Furthermore, could they not be using one of their internal solicitors?

Edited by syphont
Link to post
Share on other sites

How can they get a back door CCJ when they are writing to your correct address ?  They dont need a solicitor yet until they send a PAP...they are hoping you are panicking which you are ...ready to poop your pants and pay.....why go to the cost of solicitors and court claims when they know you will give in ?

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

Link to post
Share on other sites

OK. The thing is, if I do get a PAP next month, and I am correct in thinking that the alleged debt which would normally be statute barrred in april next year would no longer be since action was taken before expiry in april?

 

Could this not be the reason why they are pushing it now?

Edited by syphont
Link to post
Share on other sites

Again.... all ....ifs but and maybe.....until/if the PAP arrives we are worrying about something we have no control of or the reason to why they are pushing now.

 

Yes if a court claim is issued before March 2021 then that would stop the limitations clock....assuming you are correct about March 2021.

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

Link to post
Share on other sites

you have already been told emails do not count.

send our sb letter,

can we please stop going round and round in circles for over 6 weeks now..?

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

Please do not think I am trying to be a pain. I do appreciate the help you have provided. However, when I research, I come up with statements similar to this:

 

The admission in writing has to be accompanied with a signature, arguably an email with a digital signature could be sufficient acknowledgment. A digital signature could be interpreted as your name typed at the end of a letter.

 

It would really help if you could provide some concrete legislation or precedence that proves emails cannot be used to reset statute of limitations.

 

Could you please?

Edited by syphont
Link to post
Share on other sites

Have you sent an email with a digital signature ?

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

Link to post
Share on other sites

On the record, I deny having sent any email with a digital signature. Any email sent to an alleged creditor that they may have obtained could not have come from me. I would therefore request that they provide hard evidence that any and all signed communications or emails made within the statute of limitations that they may have, originated with me.

 

My assumption would be that a fake email might have been used to make it appear that I sent them communication.

 

Off the record, not sure if I did. It was a long time ago.

 

Edited by syphont
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...