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    • the only downside of not having a default registered and showing in the overall status of the debt is it's not 100% guaranteed it will (as it should) vanish on its SB date, you might have to chase that. but in your position, you've not moved, the bucket of 6's and on going 6 if you look hasn't made your score progressively decrease each month  either as it shouldn't.   just remember other creditors potential or existing cant see the calendar section of any debt unless they own it. they can only the status line of each 'account'.   HTH    dx      
    • Thanks for the replies. Have received another letter from LL solicitor, same form for secure tenancy notice of seeking possession. Now they have removed ground 10 and left grounds 3&4. am lining up an appt with a solicitor next week. All a bit strange as we had the fair rent agreed as a regulated tenancy. The LL has been through so many solicitors now it’s a struggle to keep up.   one other thing,  neither NOSP have been sent via registered or recorded post. The letter we have received (email only at this point) is comprised of a cover letter with ‘Without Prejudice’ at the top then a copy of the NOSP.  Does it have to be registered post in order for the notice to be seen as served?   will post back after solicitor appt btw cheers 
    • Thanks for all the feedback.. I'll add the suggestions to my WS and repost by next weekend.. I plan to send it no later that the first week of Feb as I don't want it to be late.   Just need to work out where to insert the extra bits.   Regards Tom
    • So in  a way, it isn't as bad as actually having a default?   Because if, as you say, it won't affect my score anymore as its already six months late, but also a default would be worse in the sense other lenders wouldn't look kindly to it, and it won't knock as much points off my credit file.
    • Hi Vic and welcome to CAG   It gets quieter here over the weekend so please be patient.   If you live in England or Wales, read this thread - https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/     Follow the instructions, copy the Q's and paste them to a post below and give your answers.
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Advice regarding Aqua Card


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Hi,

 

I am helping out my OH sort out her finances.

 

She has a Aqua card, never missed a payment, we recently asked for a DSAR and got it through today.

Inside was a copy of the CCA that the OH had signed,

 

For nearly 30 months she has been in persistent debt with the card of only making the minimum payments and cannot pay anymore to clear the balance.

 

When the card was first taken out the OH had quite a good paying job and could afford the payments, around 5 years ago we moved house and the only jobs that were available were lower paid jobs.

 

The card started out with a £750 limit and gradually increased to £4500 today, looking through no checks were done when these increases were applied, in total there have been 12 over limit fees added to the account and sometimes the credit limits were increased the month later.

 

What we are looking for is advice on how to manage this account, and would a claim for irresponsible lending be worth a shot.

 

Thanks in adance

 

JJ

 

 

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No i dont think so

 

Send them our pro rata letter see if they'll freeze int and charges.

 

 

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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good idea

if they wont help, which they should and there are the obvious guidelines from the FCA etc etc and re covid etc 

then send the 2nd letter and drop them to £1PCM...

 

 

  • 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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