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    • stop paying them.   they would have to return to court to do anything about getting more money out of you. and then we can challenge and expose the whole scam that has gone on here.   i would suspect as like most adams cards of that era, it was changed to a credit card by Creation finance and you never agreed to that by signing a new agreement. that means the whole thing is void and unenforceable.   please don't be scared of a DCA or their pet solicitors. there is really nothing they can do to you.   a DCA is not a BAILIFF and have  ZERO legal powers on ANY debt - no matter what it's type.   NEVER EVER ring a dca or their dogs again, simply state writing only and put the phone down.   since the judgement have you moved?
    • Hi dx and thank you so much for replying:)   Original debt was an Adams store card we were paying for years way back   at least 10 years ago we fell into financial difficulties we asked to pay creations lower payments they agreed then a year later doubled the interest.   We stopped paying and went to the FCA  my partner then received court papers through the door, I can not remember the year but this was quite a few years ago.   we believed the court case would not go ahead as we were contesting the balance -it still went to court and the balance doubled.   As we were going through quite a bit of stress at the time we just filled out the paperwork and were then sent the paperwork for the CCJ judgement of £30 pr mth we have never missed  a payment   Is it best to not overpay and just stick to £30?
    • being mugged blind.   the judge set the £PCM level no-one bar the judge can change that.   Drydens are ARRows so don't fall for their silly games.   whats the CCJ all about please   what was the debt and who was the original creditor? who was the claimant and when was the CCJ attained? did you defend the CCJ and file a defence or was it a backdoor default judgement to an old address he knew nothing about     dx
    • Well that was handy, the auto link to the small claims thread has answered that question! 
    • Hi   Just read your post#40   What has surprised me is usually a Housing Association would prolong something like this and not admit any wrongdoing but in this case with that response they have held there hands up admitted those staff should not have done what they done in they way they done it to obtain your address.   1. They have offered a full apology and £100 compensation which will be off set with your arrears.   2. They are also retraining there collections teams.   3. As this is only at Stage 1 of there Complaints Procedure I am surprised they held there hands up but due to your complaint it has made changes to the collections teams procedures/re training, you got a full apology and compensation of £100 although off set to your arrears.   4. They have Upheld your Complaint   What they won't tell you is those staff that didn't follow correct procedure will be repremanded for there actions but as it is an internal business matter you are not entitled to the information.   What you will also not be aware of is your Complaint will now be offically recorded on there system that it was Upheld and the reason for your complaint and the actions they took and when the Regulator does an Inspection they will be able to view all the recorded/Upheld complaints.   IMO you have been given a good offer with the above but that is just my opinion.              
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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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Micheyboo vs HSBC ****WON****


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Mich this is what i did but it depends on your circumstances

the way look at it though would have never seen the money again

but i did + the 40% on a settlement offer I made to MSC.

 

so to me it was like full payment Plus 40% bonus

 

 

Hi NB

 

In the Exact Same position right now the DCA is Is Metropolitan collection services Ltd.

 

I believe they are the in house DCA for HSBC I personally have have gone to MCS and offerd them 60% of the current value of the outstanding amount which they have accepted and I am happy for DG to settle it at the reduced negotiated rate.

 

Mine was for a Managed Loan - I ain't done with Them yet will tackle the ML seperatly.

 

Funny.... how DG New about that it the debt has been passed on to a so called independent company them. I dont recall giving my authority to MCS to talk to anyone about my debt - I would consider this as an invasion of my rights and a serious breach on the DATA protection ACT.. ok I owe them money but I still have rights.

 

I don't think they can just take the payment and pay it off you DCA

 

But you might be able to get a reduced settlement figure with you if you do go down that route offer 50% first however the will try to push it up to 60%.. This will also help your credit scoring your if it has gone to an DCA the will have entered a default against you.

 

 

I can really advise everyone is in a different boat.

 

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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have you written to the court to tell them it's settled?

 

also, this would be big help to those still worried about court bundles -

Litigation Section - View and print out litigation spreadsheets here please pm a mod with your details:

they just want username, bank, claim date, amount and date settled.

it helps to get some more wins into the info base. thanks -pass this along to others who have settled.

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No I haven't told the court yet, cos I thought I had to wait until I received my money from HSBC first, that's what I am doing. Court date isn't set yet anyway.

 

I'm confused with what I have to do with the Litigation Spreadsheet etc. and how does it helpt with court bundles, does this relate to me? I PM'd GaryH like you said to say I have accepted an offer but I didn't get a confirmation and my thread title hasn't been changed. Not sure what I am supposed to do!?

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i'm sorry - i got a bit ahead of myself - you are right - that's for after you get your money - which won't be long now.

 

in the court bundle - which you aren't going to need - there is a cases resolved list - you can extract the info by bank, or whatever data base you want - on that litigation section - i'm just showing you it. the idea is to get as many successful litigants as possible to put their details in to show the judge how many have been successful - you need to pm a mod to include your data - after you get your money.

but that's not far - i'm sure for you - you'll get it.

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congrats!!!:D

 

Thread title changed.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary, as Lattie says above I should email a mod to add me on this litigation list. I have received my cheque so will be banking it this week. When it has cleared I shall make a contribution to CAG. Please could you arrange this.

 

The total figure won is £2540.55

 

Thanks for everybody's guidance in all this, I am really happy.

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Well Done Mich!!!

 

Your turn next RHS very very soon !!!!

 

 

Oyster

 

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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I hope so dude, If i havent heard anything by friday im sending the court bundle, then sticking the delivery charge on the claim. So sick of chasing these people to do their job, i know they're busy but christ !!!!!

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