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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
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Debt, what to do next.....


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Afternoon, apologies if this is posted in the wrong place.  I have spent some time looking around this section of CAG and felt it appropriate to post here.

 

Recently I received a bit of a wake-up call in relation to my and my partner’s debt situation.  Historically we have ignored these and despite a Claim Form each back in 2019 and an unkept promise to ourselves that we would deal with things, we didn’t.  With support and guidance from CAG we made a defence to the Claim Forms and they were both stayed.  Foolishly we reverted to the learnt behaviour of head in the sand.

 

Fast forward to now and the wake-up call.  I recently received a Claim Form for another debt, which if it hadn’t been for Royal Mail redirection, could have resulted in an automatic CCJ.  Having submitted an AOS declaring intent to defend in full, the Claimant withdrew. Again, the guidance here at CAG helped me and I am thankful.

 

Now I know I need to at least get a handle on things and stop this from getting any worse as I want to avoid an automatic CCJ.  I believe the first action is that I must contact each DCA to advise of our change in address. As all but 3 accounts have the old address recorded against them in Experian and Totally Money.  What is the safest way to do this?  I obviously need to inform them of the change but I also need to be confident that they receive and accept the information. 

 

There are in total 13 accounts (8/5), with a combined value £41,605.  They all have a default date between the window of June – December 2017.   My partner is paying £10 per month to 3 of the 5 accounts in her name.

 

Once addresses are updated, am I best to proceed to requesting CCA’s from each of them?  Should I also SAR at this point?  Or is it better to wait until the inevitable PAP documentation arrives?

 

Finally, the two Claims that were stayed last year are both included in those that are recorded at the old address. Do I need to update both the DCA and the Solicitors who dealt with the legal aspect?

 

Guidance would be most welcome.

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simply find out WHO the is OWNER of each debt now

find the Ref number they use for the debt

workout who was  the original creditor and find their original account number when you got the credit or whatever.

 

write to the new owner

 

quote 

their ref number 

the old OC+number

 

with regard to the details above

please note my new address ..

 

print your name in PC type never sign the letter

 

thats all you need to do.

 

then see if they write back.

if they do

then start a new thread in the forum of the relevant Original Creditor

scan the letter to PDF after reading our upload guide

then give a brief history of the debt inc last payment date and defaulted date in the post 

 

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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Thanks for the prompt replies.

 

Details as follows:

 

Me:

Cabot (Next) £1759 (Claim auto stayed in 2019) – old address.

Hoist (Vanquish) £3276 – old address.

Hoist (Barclaycard) £6544 – new address.

Lowell (Cap One) £2724 – old address.

Lowell (Cap One) £1608 – old address.

Cabot (Halifax) £2504 – old address.

PRA (MBNA) £8364 – old address.

Cabot (Zopa) £1424 (Claim discontinued) – old address.

 

Partner:

Cabot (Next) £1915 (Claim auto stayed in 2019) – old address.

Lowell (Vanquish) £3425 – old address.

Hoist (Barclaycard) £2250 – old address and paying £10 per month.

Lowell (Cap One) £4176 – new address and paying £10 per month.

Lowell (Argos) £1636 – new address and paying £10 per month.

 

I have asked her to stop making these payments until we have resolved what our next action should be.

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cca before stopping payments

so no need for address letter on those.

if they fail the 12+2 working days deadline re CCA - THEN stop payments till they comply and we check the agreement. cant hurt any.

 

so new AD letters to

lowell+cabot+hoist+PRA

for each of you where necessary,

 

just one for each dca per person, just list all the debts that dca owns on that one letter.

 

cca the ones still being paid.

 

 

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 DX.

 

Question and an update.

 

Do I need to send updated address details to Cabot for the Claims that auto stayed?

 

Written letters and also worked through more paperwork this afternoon and discovered that:

 

  • I have recently received a letter from Hoist/Rob Way regarding Barclaycard to the new address so no need to update.  The letter offers 25% off for settlement now.  I will start a new thread in the appropriate place for this later on or tomorrow.

 

  • Lowell wrote to me at the old address on 5 November, this was redirected, but they have previously written to me at this newer address.  Seems odd that they have reverted to old one, although my ignoring probably wont have helped. I am on the electoral list.  I will still write to advise of change of address.

 

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if you have moved since the autostay yes to cabot and to the court too! 

cabot could attempt to lift the stay and you'd know nowt about it.

 

as for lowells, just like any DCA

they send letters to see if you respond

if you've moved and you don't...

they as can as anyone can, file for a backdoor CCJ at the last know address as you have not told them you have moved.

 

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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dont waste money

2nd class stamps with free proof of posting at any po counter is all your need

but 1st class for CCA if poss

  • Thanks 1

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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I have now completed all letters.  I am either sending a CCA or a change of address to the DCA's listed for all 13 of the accounts above. 

 

Question in relation to the Court. 

My recent Claim Pack was sent to old address, when I logged into MCOL I updated my address in the system. 

Do I still need to write a letter to advise of this?  

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should be ok then as long as the court has your correct and current address.

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 for the support over the weekend.  I posted 10 letters in total today.  All 13 accounts swept up in there one way or another, either a CCA or just plain old change of address.  Waiting game now. 

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  • 2 weeks later...

for whatever reason they fail the 12+2 working day time limit

you may cease payments.

 

as for their stupid excuse to gander email details

you do NOT.

 

they know full well there are ZERO Gov't guidelines regarding mail , .

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 DX, I'm happy that there are no valid reasons for them not to send us documents via royal mail - they were after all perfectly capable of sending these two letters.

 

The 12+2 days end on 7 December so I will ensure the DD's are cancelled for these and the Hoist one that is also being paid monthly on that very date. 

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