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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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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

Location not as described and owner screamed that we are never getting a refund @emblefarms


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I've just checked - I think that you must be mistaken ...😉.

I hope that the OP hasn't simply copied and pasted

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Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text messa

Dictation software?   ”you reneged” rather than “urinate” ??

They have replied and said to refer to their previous email which said that they would not be issuing a refund. So it is now step two. Perhaps I could respond with some like the following:  

You had better let me know what that is because I'm not aware of it. You may well be referring to a claim for a debt rather than a breach of contract.

Let me know what you are referring to – but probably the response will be that you should simply send the letter

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good. In that case just send the letter. Make sure that you have registered on money claim online then you are prepared to issue the claim 15 days after the letter of claim has been received

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Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text message constitutes an amendment to an existing contract) were particularly helpful and we negotiated a settlement through the mediation service of the courts. Donation to support your website has been sent. Many thanks again. 

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Thank you for giving us this update. Many people don't bother.

I hope that the mediated settlement was satisfactory to you. Are you able to disclose what it was?

And thanks very much indeed for the donation. We need everything we can get.

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In fact I just responded to you by email – that what would be very helpful even if you can't disclose the settlement here, would be if you would possibly give us some bullet pointed notes about the mediation and how it went.
I'm particularly interested to know if you came under pressure from the mediator to make compromises.
What with the various stages of the mediation?

I think this information will be very useful for others

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Also, we would be very pleased if you could post up their defence – in PDF format.

Thanks

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The mediation went something like the following and I only felt a little pressure at the end in order to complete the mediation:

-      The mediator called me first, explained the process and asked me for a brief overview of the dispute. I gave a brief overview but also added a couple of comments as the defendant had put into their defence that they did not know that we had left the property and had accepted their offer – comments were to the effect that the defendant had responded to a couple of messages of mine in text demonstrating that they knew that we had left on the day. As a gesture of good will, I offered £350 instead of the full £450 to close the dispute.

-      The mediator called the defendant and they said that they weren’t prepared that amount as per their defence comments and were only prepared to refund £100 and to give £100 to a charity. 

-      I declined the offer. 

-      Defendant responded that they weren’t prepared to pay that much again. 

-      I stated that I had received legal advice and that their messages were in writing and constituted an amendment to an existing rental agreement. 

-      The defendant responded that they were prepared to offer £200. 

-      I asked the mediator to explain to the respondent that as I had their comments in writing that I would win in court and as the loser in the case the defendant would have to pay that amount, my expenses, time off work, travel expenses and legal fees. 

-      At this point the defendant brought up my Instagram comments about his property. 

-      I said that I would remove the comments if he paid the £350. 

-      Defendant agreed.

-      There were a couple of messages bounced between the defendant and I as to who would do what first. 

-      For the first time the mediator pressured me to move in a particular direction to remove my comments first and that the defendant would pay within 7 days (pressured that if I didn’t it would go to court and could take a year or more to finish).

-      I agreed to take down my comments first.

-      They agreed. 

claim-form.pdf claim-response.pdf mediation-agreement.pdf

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That should be all that you need there. FYI - I know that it's probably not the best way, but I have used social media to achieve a better outcome previously, as well as Trustpilot reviews in parallel with formal complaints through the financial ombudsman, and motoring ombudsman. I have also used the Action Fraud Police website to generate a complaint which then gave me a reference number to use to dispute a credit card transaction with the bank as I was charged for car rental insurance twice. You probably know all of this but just thought that I would post that in case. Good luck and thanks again! 

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So have you had your money?

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