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    • Thanks BN. I should add, that any Bailiff action is, to my mind unconscionable under the present circumstances, and the point should have been raised by the Master IMO. As usual our problem will not be, what the amendment says.  But more, what some EA will imply it says, on the doorstep.    
    • Yes agree UB it will be unworkable in practice, the issue being that some EA will regard the Virtual CGA as allowing them to physically force entry later if payment not forthcoming.  Or like some bailiffs used to try to imply that phone call a desperate debtor makes at Compliance stage is in effect a Virtual CGA when itn is nothing of the sort. Rule 1 it is known some  bailiffs Lie. Rule 2 Treat all bailiffs as liars until they prove they are not.
    • I cannot see many people agreeing to any virtual webcam review of goods to be controlled.     Many people in debt may not even have the facilities to be able to do this.   And the few that agree may try to have a laugh at the enforcement companies expense.  e.g. this painting is by well known local artist Peter Ist, but he signs his paintings as  P Ist and this other painting is by Brian Roke who signs his paintings as B Roke.     Who would agree to this without understanding the consequences ?      
    • Well poss unenforceable cca both lets see
    • Although I will be submitting another request as DVLA haven't stated when they responded to VCS with the information.  18th was a Friday,  VCS say they posted the letter on Mon 21th.  Seeing how this SAR has taken this long, I doubt the DVLA went all out to clear the request over the weekend, but we'll see.
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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
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      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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Non-Default - Full or Partial Settlement.


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I would like some advice please.

 

Trying to resolve an issue friend has got, and  I'm a bit stumped.

They have a 12mth loan account June 2018, but have never paid a penny towards it for some reason.
As of today the Debt is not defaulted only shows as Missed Payments.

Not once have they been chased for the loan, there's no record of contact or letters within their DSAR relating to collections - it just seems that the account fell off the radar.

Now they are in a position to pay this debt in full, however they have spoken to the lender who has apologised about the lack of contact - and has stated they are prepared to reduce the amount owing by 20% (£450-ish) as a Partial Settlement.
They do have 2 x default markers on their CRA which will be updated to satisfied (?) as they both now have a zero balance and a loan which has no negative markers.

Should they take this offer of Partial Settlement - is there quite a negative impact to their CRA if they did, they are hoping to secure Car finance in the new year.

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was the person in the red when applying for these loans?

 

ie was their credit file littered with defaults and payment markers for other lenders?

and did he have multiple other PDL's at the same time?

 

if so he might be able to raise and win an irresponsible lending claim that could see the balance reduced or even wiped, including any defaults.

 

it sort of puzzles me why they are so readily offering this GOGW when they've no need too..something smells??

 

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 reply.

AT time loan issued he was in debt for around £1.5k.
CRA's around time loan issued show that only 4 credit cards (2 went to default in jun 19) a Paypal Credit account and a ShopDirect - all within 20% of credit limit on each. (and Car Insurance paid mthly)
Since loan issued he took out a Everyday loan which has another 20mths to go, but has been paid on time without any missed or negative marker.
No defaults were ever recorded on his closed accounts.

 

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2 hours ago, ads_uk said:

They do have 2 x default markers on their CRA which will be updated to satisfied (?) as they both now have a zero balance and a loan which has no negative markers.

 

does this debt he wants to settle show a registered defaulted date

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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2 hours ago, dx100uk said:

 

does this debt he wants to settle show a registered defaulted date

Nope.

It's only showing missing payments.

No default at all

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Ok just checking..

So will show as ps for 6 yrs on cra file if they do settle

 

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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Ah right.

So that could have a negative impact.

 

His 2 CC defaults are still with FOS for PPI so he's hoping they will be word clean.

 

As always thanks for your time

 

 

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