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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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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
      • 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
      • 33 replies

confused about reply to my CCA request, please help!***WON***


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SA I am still following your thread.

 

Great letter Curlyben - I sent a similar one to DCA H Cohen & Co recently since THEY purport to be a legal firm as well but for some strange reason do not know their obligations under the CCA........!!:rolleyes:

 

Good luck SA !

 

Cyberhugs:)

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Great letter, thanks CB, this will help a great deal. I will also add a bit to it, namely quoting Lowell from one of their last letters about them taking my phone number off their records...then list the log of calls I've had from them since!:rolleyes: that will go nicely with all the other guidelines they have broken:D

 

Thanks for the encouragement SG :) I was diagnosed with vertigo yesterday, so I have to limit my time on the pc and writing letters to the days when I am feeling 'normal'. Your support is welcomed very much. XX

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Another letter from Hamptons received today....

Legal proceedings may now be issued and served upon you without notice through the county court, which would incur you with payment of the following costs:

Court fee's £120

Sols costs £80

Interest £100+

It goes on to state the usual crap, you can phone us blah blah, and pay us blah blah. The letter I sent them must have either crossed in the post or they are ignoring it.

We shall wait and see........

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Hiya SA

 

The amount of times they say this kind of thing when they know they haven't got a leg to stand on if they went to court amazes me.

 

They really are plonkers all of them :mad:

 

The so called "legal firms" seem to be by far the worse. Do they honestly think that because they ARE a "legal firm" we will be so intimidated by this fact that we will not challenge them!!

 

I've got Sechiari Clark & Mitchell chasing me now regarding 2 alleged debts with Lloyds Bank. Their approach (with their first contact) was threatening and heavy handed. Naturally they have been CCA'd despite their threats of court action "within 7 days" BUT there are people out there who must be terrified out of their wits by such letters and who pay up without challenging them, like the elderly or more vulnerable, and this makes me so MAD :-x

 

Good luck SA

I'll keep watching

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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There are not solicitors as there is no mentioned of a solicitor on their letter, if there were a solicitors they would obliged by the law services to have solicitor on their letter heading.

 

Also I note from Geoffrey Parker Bourne has only one solicitors name on his letter heading but to be in a practices you would need to have at least two people for any practice. :!:

 

Best of Luck

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Thanks SpiritGirl, and good luck with your battle...I had dealings with SC&M when I did my LLoyds claim, they are a joke!! No doubt you won't let them intimidate you:)

 

Hi Allwood, I omitted the solicitors bit from CB's letter, felt very tempted to put in something else;) but thought better of it!

Thanks for the support guys n gals.

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Another letter from Hamptons received today....

 

It goes on to state the usual crap, you can phone us blah blah, and pay us blah blah. The letter I sent them must have either crossed in the post or they are ignoring it.

We shall wait and see........

 

If that's the "3 days to respond" letter, you have reached the end of Lowells automated threatogram cycle. You may get another 'generous' discount offer, but that's pretty much it.

 

At this point, someone will have to look at the account and make a decision on what to do next, usually pass it back to OC, or perhaps check out the tracing. This is the point where you might get a little battle start up, so be prepared just in case......

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Thanks for that info, Dannyboy, I've already been through Lowells cycle once, 2nd time lucky eh? I'm up for a fight if they are!:D

 

I think you're home and dry.

 

If they had a CCA and any intention of taking you to court, I'm pretty sure they would have done something by now.

 

Just bide your time, but I think that's probably it.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Hiya S.A.

 

I'm with Danny Boy on this one - its probably Lowells final throw of their toys from the cot ...hang on in there mate!

 

I know how you feel - its the holding of your nerve at this point which is the hardest isn't it? I'm in the same position with SCM and their legal threats BUT as we both know these berks all need a properly executed agreement if they are going to pursue their threats to court which, if they DID have, they should have produced by now.

 

I'll keep watching and rooting for ya ;) (((Cyber hugs to you)))

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hiya S.A.

 

I'm with Danny Boy on this one - its probably Lowells final throw of their toys from the cot ...hang on in there mate!

 

I know how you feel - its the holding of your nerve at this point which is the hardest isn't it? I'm in the same position with SCM and their legal threats BUT as we both know these berks all need a properly executed agreement if they are going to pursue their threats to court which, if they DID have, they should have produced by now.

 

I'll keep watching and rooting for ya ;) (((Cyber hugs to you)))

 

Love Spiritgirl x

Thanks SG, right back atcha!:D

 

I hope this will be the end of it, but I know from reading around Lowell don't give up easily. If I do get anymore correspondence I will post it up, and then probably complain to TS etc...I've not done that up to now as I got a bit discouraged with them the last time I used them, and also after reading the way they have reacted with some members here, regarding CCA's etc. But, I know that should be my next step, so I will follow it if I have to.

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I am at the stage where i need to get TS involved too, so i will read this thread with interest, hope you dont mind me borrowing your ideas ! Thanks SA. Im new to this, isnt there a way of subscribing to the thread somehow, d'oh, could you pm me with instructions please. Ta.

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  • 2 weeks later...

Hi guys and gals...after a few days away I came home yesterday to find another letter from my great friends Lowell...it states at the top NOTICE OF INTENTION TO ISSUE A COUNTY COURT CLAIM.

Take notice that legal proceedings are currently being prepared to be sent to Court for sevice upon you. Should you want to avoid this happening you should contact us within the next 3 days to arrange settlement of your current debt.

 

I highlighted the 3 days as the letter is dated 20th Aug, but I know for a fact that it didn't arrive until yesterday, the 25th. I can't quite make out the date on the postmark:rolleyes: The underlined bit was clearly showing through the envelope window too! The return address is PO box 8743, Bellshill, ML4 3WU an address I've not come across before. They also want to add over £300 in costs and interest!!

 

Time to contact TS I think. I will spend some time over the next day or so, gathering everthing I need. Any comments and advice welcome:D

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Defiantly time for Trading Standards for this one.

The Bellshill address is from the Mailshot bulk mailing company.

I have noticed that a few DCA use them for there nastygrams.

Be VERY careful whose advice you listen too

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Something I've noticed is that the application forms/credit agreements that the idiots send to me are all copies of copies of copies.

 

I now tell them that I will pay if they allow me to view the original document at their or their clients offices closest to my home.

 

Providing that it is the actual signed document that they would need in a court case and I am satisfied that it complies with the CCA 1974.

 

I believe that this derails any court action as I am being reasonable and doing all I can to avoid the issue going to court.

 

So if they produce I will pay.

 

After that the letters they send are harassment and can be ignored until court papers are issued.

 

Any idea if this would work?

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Something I've noticed is that the application forms/credit agreements that the idiots send to me are all copies of copies of copies.

 

I now tell them that I will pay if they allow me to view the original document at their or their clients offices closest to my home.

 

Providing that it is the actual signed document that they would need in a court case and I am satisfied that it complies with the CCA 1974.

 

I believe that this derails any court action as I am being reasonable and doing all I can to avoid the issue going to court.

 

So if they produce I will pay.

 

After that the letters they send are harassment and can be ignored until court papers are issued.

 

Any idea if this would work?

 

 

CAS what a brilliant idea! I must admit I would love to try this myself with some of my DCAs. As you have said you are being reasonable and doing all you can to avoid going to Court and wasting the Court's valuable time - this is all in your favour and I am sure a Court would look positively on this if the DCA were stupid enough to take you there.

 

S.A. yes I think TS is now a must for you.

 

As for Lowells, what "document" are they going to be relying on in Court if there is no CCA??? As Rory always says, and I've just been commenting on on another thread

...no CCA is a complete Defence..

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/108295-debt-sold-then-sold.html

 

 

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi guys and gals...after a few days away I came home yesterday to find another letter from my great friends Lowell...it states at the top NOTICE OF INTENTION TO ISSUE A COUNTY COURT CLAIM.

Take notice that legal proceedings are currently being prepared to be sent to Court for sevice upon you.

 

Had a bit of route around!

 

tt8 gave me a fantastic letter which tied my special friends in knots, I must have lost the .rtf file when computer crashed so here's an OCR scan of my original letter.

 

Dear xxxx,

 

I acknowledge receipt of your notice of legal action sent by your company on 3rd July 2007 which was received on 6th July 2007.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against Robinson, Way and Company Limited. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with HFC Bank Ltd.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 28 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity

to settle this matter amicably.

 

Yours Faithfully,

Edit to suit.

 

Best wishes, Dave.

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Brilliant. Those idiots at Lowells will be getting another copy of that from me if I get the court letter. So far, just a copy of their complaints procedure saying that they reply in 5 working days - sent nearly 2 weeks after they signed for the complaint.

No CCA, no explanation of why the `phone calls continue weeks after they signed for the letter saying I am not to be contacted by `phone.

Are they stupid, or do they hope that we are?.

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bbanful, CCA is the Consumer Credit Act 1974, now a CCA request is a legal request under sections 77 - 79 of this Act.

Basically this demands that the creditor supplies a true copy of the executed credit agreement that you signed when you started the loan.

s77 - Fixed sum amounts

s78 - Variable sum eg credit card

s79 Hire purchase..

There are some time limits involved.

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

The Act can be found here: http://www.fisa.co.uk/downloads/CCA%201974.pdf

 

Hope this helps

Be VERY careful whose advice you listen too

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Thanks. I am trying to get on top of my debts. I have just managed to have a £19.99 debt that spiralled to over £700 written off after refusing to pay and requesting original credit agreements as well as their terms and conditions and coppies of statements. I intend to accept their offer to close the account without further action agaist me but I still want to know how they managed to get the amount to that figure. I also have a couple of credit card debts with ccj's that I want to deal with any help and advice would be appreciated.

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