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    • ok thank you.   please don't take the questions i am asking as a bit naff and p'haps could be viewed as pointless , but i am simply gathering what information might be needed when obviously more the knowledgeable members appear in the morning. more of an info gathering stage at present.   you indicate mediation, so my last question is how far 'in' are you regarding the court claim she has made, at what stage and have you appointed a solicitor yet as you indicate a worry about costs...i hope not as there might not be a need too,   you would gander your costs against the claimant, but is this a small claims county court claim? , in the family section or whatever its called?
    • Yes I am the executor and the estate has been settled.     She has made a statement with a solicitor and wants mediation.   But there is no basis for a claim as we have evidence that she wasn’t cohabiting, was living with another man as his ‘carer’ and was not dependent yet her solicitor still supports her claim against 1975 act.     Seems unfair, will we be allowed to claim our costs back for example?    we feel we are being dragged through litigation without any basis for it. 
    • sorry for your loss..it can be a difficult time this might be a wee bit outside of advice that can be effectively given on a forum.   what type of legal claim has been raised please? where in the probate etc process are things currently or has the estate of your late father already been settled ? i was guess you are an executor of the estate too? 
    • A girlfriend, she claims to be a dependent and to have been living with him. Both false claims. She has large properties in Thailand and london which she put in her sons name after my fathers death.      
    • hi you'll have to slightly expand on what is behind your query..   who's estate? who is this person in relation to the person who owns the estate and why do they think they have a claim?   dx  
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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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Many thanks for your prompt response.

 

The fact that I have not heard a thing from the original creditor (IF Finance) for months does this effectively prove they don't have the credit agreement I was requesting?

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Doesn't really prove anything, could of simply been over looked.

 

Igor should pass it back as they cannot enorce the debt while you CCA is in default.

Be VERY careful whose advice you listen too

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Fair enough, although the fact IF/HBOS and Capital Bank have seemingly both overlooked the matter and have failed to respond within the 42 day period is questionable.

 

Just one more thing, because I'm requesting the updated agreement rather than the original where do I stand in law? If they produce the original (you may need to read through previous posts to understand my position better) then is that my claim scuppered or do they have to produce the updated version?

 

Bump

 

Please, I really do need some URGENT advice on this matter.

 

I've finally received a CCA (presumably from iQor, although it was in an unmarked envelope), but it is the original copy and not the replacement which I requested.

 

Now, which copy is required by law? I was led to believe it was the updated version, particularly as my original agreement was cancelled (see original posts for details).

 

Also, this CCA arrived after 44 days, so two days outside the legal period - so where do I and/or iQor stand, particularly after I've continued to be pestered by this company, even though they weren't allowed to contact me until the CCA was supplied?

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I've got to be honest and it seems enforceable due to the fact it was signed by both me and the lender back in 2004, and seems to be correct as far as I can see. The problem is whether this is the copy required by law or an updated one?

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i should go back to the post that says to send igor a letter as they shouldn't have had this account passed to them from reading your posts the 12 + 2 then 40days was up in about April this year by the first company just send them a letter and report to the OFT

Abby 0 -- Jellymold 1 £2800 :o

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I think you really need that SAR info which should show if the agreement was trully cancelled (maybe that's why you never got it). I would continue to dispute the account and not acknowledge the debt. I would also send IF a Letter Before Action giving them 7 days to supply the SAR info or you file at court to force them to supply the info. If your finances can stretch send it next day special delivery before 1pm.

 

Template letter is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Template N1 is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you for your response.

 

If it did get to the stage of taking them to court and they can't produce the S.A.R what's the likely outcome and how would it affect me?

 

Also is it a S.A.R for the original agreement or should it be the updated agreement if indeed it turns out it has definitely been cancelled?

 

And by the fact IF never got in touch after my earlier request and apparently sold the debt to Capital Bank/iQor does that look more than likely that they couldn't produce the required paperwork?

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It's not really a case of CAN'T as they need to keep documents to comply with anti money laundering legislation and for the Inland Revenue. The SAR should be for all the information they hold on you. They have 40 days to comply with the SAR, they have so far had over 7 months and just haven't bothered. They simply don't have any defence. I would also be looking for some compensation if this goes to court (200-300 quid would be about normal) for your time.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I really appreciate your's and everybody elses help and advice.

I'm obviously going to write to iQor at the same time to mention that the account is still in dispute and I suppose my case is strengthened because they shouldn't have been sold the debt.

Just one more thing, would the debt be completely wiped if the case was found in my favour?

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Now do you documentary evidence that IF closed the first account and proceeded to rewrite it into an updated agreement, this could prove to be crucial ?

 

Time to issue a serious S.A.R chase and send Igor my letter from earlier.

Hey if you feel like it you could call them and be extremely smug about the fact that this account is in serious dispute with IF and as such they can't do anything !!.

I have had a similar experience with CapQuest recently over a card debt that was "sold" while in default of both CCA and S.A.R's.

They did recant after 3 months of hassle.

Be VERY careful whose advice you listen too

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Other than being told on the phone that somebody would contact me to set up a new agreement (sadly I couldn't record this conversation), I received a letter from the St Andrew's Group saying that:

"During a recent review of our record we have identified that when you settled your Intelligent Finance personal loan and cancelled your payment protection insurance policy, an error was made when calculating the refund of your insurance premium."

 

I've also included this text from one of my earlier posts to outline the situation a little better...

 

I took out a loan with IF over two years ago, making the required repayments through direct debit.

Since then, though, I started to face financial difficulty and contacted IF about the possibility of reducing my payments by stopping the monthly insurance premium.

 

They said they couldn't do that but suggested rescheduling my loan would be a good option, to which I agreed.

They then cancelled my original agreement, along with the direct debit (although they later insisted that I was the one who'd cancelled.

 

My bank confirmed that it was actually them who'd cancelled

- IF later admitting they had stopped the direct debits).

 

IF then started the process of setting up the new loan agreement.

 

After a little bit of thought I decided this wasn't actually the option I needed so phoned them back and came to an agreement to pay £250 per month for the next three months, after which time another department would contact me and we'd set up a more permanent repayment scheme.

 

Three months came and went and as I'd heard nothing I wrote a letter asking for clarification of where I stood, whether it was possible to carry on paying £250 per month, how much I owed and could I have a written agreement.

 

I heard nothing for two weeks so I sent another letter asking for a response.

Still nothing so I managed to track down a number and phoned them.

They said they'd be back in touch...but you've guessed it NOTHING.

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And really you will continue to get nothing from them until you demonstrate you are serious which is why you need to get that LBA in the post.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Excellent so the CCA you received is for a settled account and is being chased by a DCA.

I would be inclined to send a copy of that letter to Igor along with the dispute notice.

You couldn't make this stuff up.

Sheer incompetence from IF !!!

Be VERY careful whose advice you listen too

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So from what you can both summise from my posts I'm in a strong position this time? I suppose the account isn't settled as they were apparently setting up a new repayment scheme for me but if the St Andrew's Group say it's settled then I'd like iQor, IF and whoever to agree to that as well!!

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Yep and Igor are well and truly stuffed like a xmas turkey.

 

That one letter alone would be enough to defend any action they thought about bringing

Be VERY careful whose advice you listen too

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Cheers guys, I just hope it'll finally get the whole lot of them off my back. Really appreciate all your help.

 

Can I scream now???

 

I sent a letter to iQor (see post 36) outlining my position on this matter. It was sent recorded delivery and still hasn't been signed for, I hasten to add, or at least according to the Royal Mail Track and Trace page.

 

However, this morning, I received another letter from iQor actually confirming receipt of the above letter, but totally ignoring every single point raised in my letter, except to say that their records show that a copy of the CCA was sent on 05/11 (which I received on 07/11).

 

This is, however, a copy of the original CCA and not the replacement one which I requested.

 

They go on to say that they trust I now acknowledge this debt, but will put the account on hold for two weeks to allow time for me to get in touch with them to arrange my repayment proposal.

 

I'm certainly not going to acknowledge the debt in these circumstances so should I write to them again to ask for a full response to my previous letter, as well as a copy of the updated agreement?

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OK I'd send them something short and sweet.

Try this.

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Be VERY careful whose advice you listen too

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  • 1 month later...

Just another update on this continuing saga...

 

Over the past couple of weeks I've been receiving calls on both my mobile and landline from two Preston based numbers and a withheld number. They can occur anytime between 8 in the morning and 9 at night. The ones left on my mobile have an attached text based voicemail and never say who they are. I have done a Google search and both numbers come up as iQor.

 

Then on Thursday I received a letter from WesScot saying that they are working on behalf of their client and demanded that I contact them in regard of the outstanding balance. This is the first time I had any contact from this particular company.

 

Then yesterday morning I received a letter from iQor which was very similar to a previous letter they'd sent a few months ago. Strangely, though, certain words and figures were blanked out.

 

Now this is particularly annoying as I'd received a letter from them in December saying that my account was being placed on hold until their client responded with details of the CCA.

 

So, did they send me a letter with certain informatuion blanked out in the vain hope that I would contact them and fall into some sort of trap?

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