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    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
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    • no you are kidding me...   they can't be that thick surely... could be game over if they've faked it.   can you attach it to a private msg to me please.  
    • The original pdf did bring up txt boxes where my details were, it wasn't as if it was a photocopied document with my details embedded and I do find it awfully convenient it appeared the very next day after the case meeting.   The address was the same as it should have been, but ive only recently moved, this case was already in motion during my move.   Can I then just argue the authenticity of the CCA  at the next meeting? Explain that when put into a editor my personal details and only them pop up as carefully placed text boxes whereas the rest of the form looks photocopied??
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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car cash point LBL - Burlington/Marstons wants car Urgent help _ Live in NI - Page 3 - Log Book Loans / Bills of Sale - Consumer Action Group

 

Hi Melissa,

I'm pretty much the same boat as you,

 

they refuse to accept any form of repayment plan to get the account on track, now refusing to acknowledge emails.

 

My bill of sale states the Apr rate rather than the annual interest rate, also incorrect details on the schedule of goods.

 

A fella from chartsbridge called at the house with some random punk in a flat bed truck...

Told them the bill of sale wasn't valid and that they wouldn't be taking the car,

 

to be fair to the agent, he was polite enough and said "fair enough, there's not much we can do then" and away they went...

so double check to make sure all details of bill of sale are correct. 

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Hi all, I am yet another victim of these vultures.

To cut a long story short I fell foul of repayments and the account subsequently defaulted... It was a mixture of severe stress, mental health issues relating to the pandemic and relationship difficulties. 

 

I didn't receive the default notice which was issued in September as it had been sent to a previous address,

 

I contacted them apologising and have made several offers to try and rehabilitate the account and get back on track, to no avail, they refuse to accept any form of payment plan but are demanding an extortionate settlement balance which includes over £400 in repossession charges. 

 

Here is where it gets interesting,

I hiked out the paper work and started digging in to the legislation surrounding the bill of sale etc.

A big error they have made is that instead of the annual interest rate which is to be included, they have quoted the Apr rate as the interest rate.

 

I approached ccp about the validity of the bill of sale, pointed out the errors contained within, sent them a screenshot of the legislation and requested that they provided any evidence they had to the contrary and their immediate reply was "we do not acknowledge your complaint, the bill of sale is valid, this is our final response to the matter".. 

 

Fast forward several days,

Wednesday this week, An agent from chartsbridge calls to the house with another fella in a flatbed truck wanting to seize the car, I told him he wasn't getting it as the bill of sale was in dispute and it was not valid... He didn't put up any fight or argument whatsoever, and left... Havent heard anything from them since. 

 

I sent an email to ccp about their blatant disregard for the fca and ccta guidelines regarding repossession and their unfair treatment in their refusal to even acknowledge my proposal. Also pointed out that their website states that they recognise the difficulties people are facing during the pandemic and will ensure to treat customers fairly and sympathetically... Never got a reply. 

 

Seems all communication from either of them has stopped..... 

 

Another thing to add....

Had they properly looked into my finances they'd have seen I was heavily in debt, 2 defaults from previous hp agreements where I voluntarily surrendered the respective car, not to mention the fact that they took photos of a bank statement from a separate bank account that consisted mainly of gambling transactions.

 

There is also no record of them carrying out an affordability search on my credit file nor has the default or anything at all from them been registered on it.

 

I know I shouldn't have taken the loan out in hindsight, but at the time I was desperate. 

Edited by fightingthefight
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i've moved your posts to your now existing thread.

 

stick in an irresponsible lending claim FtF

 

i'll check the BOS carefully later

 

 

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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FtF very busy this W/end pop in later

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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You have several grounds for complaints 

But getting a bos struck out once registered with the high court 

is of the upmost difficulty 

You would need either a very experienced pro bono or very deep pockets 

If you lost you are liable for the lenders costs

Impossible to do yourself 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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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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Sorry for the delay, will get my bos uploaded as well as the credit agreement in the morning.

 

I received an email from advice ni regarding the account and the bos and they said if there were errors on the bos there would be grounds for complaint and also that if I advised ccp and chartsbridge that I was in discussions with them they would have to place a hold on any activity for 30 days.

 

I emailed ccp this morning and cc'd chartsbridge into it, stating that I was in discussions with a debt advice company regarding the account and as such requested that they put the account on hold for 30 days as per fca and ccta rules. Never received anything back. 

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8 minutes ago, fightingthefight said:

My understanding is that bills of sale aren't regulated hence they say they can repossess, but does the fact that its tied in with a regulated agreement not make a difference? 

A dca/guy with a flat bed has absolutely zero legal powers. No dca with whatever paperwork even from a court does not make them or give them any magical bailiff powers even on a temporary basis.

 

As for the no taking cars till the 31st, i doubt very much the FCA  even considered toy town dca actors in that advice. But never the less i'd like to thing it applies.

 

as for the agreement s it must be an hp agreement not a pers loan as this one..that gives 1/3 paid protection cover

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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38 minutes ago, fightingthefight said:

they just rely on you caving in and letting them take the car? 

you mean getting had blind...thats all DCA's ever do on anything ...they are totally powerless on any type of debt ...end of.

 

they can goto court and get a ccj on a debt, but that does not make them bailiffs and that getting of a CCJ is use of no special magical powers..you or i can goto court and raise a claim if we believe someone owes us money..they are no different to us the std joe public.

 

with regard to repo/lifting cars, it doesn't have to be a DCA.. there is only one condition that protects you - that being the car is under an HP Agreement and you have paid more than 1/3rd so thus is deemed protected good, - they CAN take it from the public highway as long as they have a copy of the Default Notice and (where necessary) the Bill of sale.

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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But they can't take it from your drive?

Nor move another car that would be blocking the car in question in?

 

And would it need to be a paper stamped copy of the bos?

 

The guy that called at my house only had a tablet 🤣

he left before I even had a chance to ask for the bos 🤣

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posts moved to your own thread 

please try and ask Q's here only.

 

only court bailiffs can seize cars from private property.

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 weeks later...

Thought I'd give this a bit of a bump, car cash point now refusing to reply to emails, complaints or return calls. Also refusing to supply me with a copy of the default notice, the sar and refusing to acknowledge the fact that they are duty bound to place an account on hold for 30 days when I am in discussion with a debt help organisation. 

 

Bit the bullet and rang chartsbridge. They've placed the account on hold whilst I speak with the debt advisor etc...bur here is where it gets interesting... 

 

They contacted ccp who were quick enough to reply to them, despite ignoring me completely. Ccp stated to them that they weren't willing to negotiate a settlement as the account had been in default since last February... The default notice wasn't issued until late August!!! 

 

Chartsbridge now refusing to answer requests for details of the default notice they were supplied with.... Something stinks!! 

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well at some point a DN has been issued, if was issued late, is sadly of little importance.

 

why dont you sar both of them...

 

 

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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Yea I understand what you mean, but the difficulties with paying etc didn't arise until July, everything was grand up until then. Its just strange that with chartsbridge usually being quite prompt in replying, they've done the same and blanked me when I highlighted the issues with the default notice, and ccp giving them wrong information.... 

 

Will submit a sar for sure... 

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For reference.....

 

https://www.legislation.gov.uk/ukpga/Vict/45-46/43/contents

 

Quote

 If the bill is regulated by the Consumer Credit Act 1974, the lender will have to serve a default notice on the grantor before it can be enforced.

 

https://www.blakemorgan.co.uk/bills-of-sale/

 

Andy

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

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They can't refuse your SAR request 

In order to repossess their car

if they have a signed, stamped and registered bos plus a valid expired dn that is all they need 

You really need to negotiate a settlement or consider a time order , yes If the negotiating is via a professional debt advisor they must allow 30 days for the negotiation 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Have tried to reach a settlement but they are ignoring all communication, refusing to reply or even acknowledge complaints /offers. To be fair to the dca, they've been more than helpful and have placed a hold on the account their end and are trying to get info regarding the default notice, but they haven't received anything back either. 

 

Ccp have said to the dca that the default notice was issued in January last year when in fact it was August this year, and there were definitely no default notices issued before that. Made an sar with the dca also which they are more than happy to provide, given my concerns about the info that has been provided to them. The dca did however state that they don't have a default notice on file and an sar wouldn't provide the info I'm looking for but are happy to provide it anyway. 

 

The only conclusion I can reach is that ccp are refusing all contact to enable the car to be repossessed.... Which for now, won't be happening due to an arrangement with the dca

Edited by fightingthefight
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You say the dn was issued in August, so you received a copy then?

Have CCP sent a final response to any of your complaints 

inviting you to go to the FOS?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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did you get those SAR s running

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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