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    • Firstly, even if they get away with this, it doesn't mean you won't win.  The solicitor can eloquently waffle on as long as they like that the signage isn't carp.  I'm afraid the signage is carp and the photos show it is.   Virtually everyone who has beaten these companies in court was facing a solicitor, but still won.   So do what dx, Andy and the court woman said.  Write to the court now pointing out this is a supplementary WS and it was submitted to you & the court 17 days after the deadline albeit with a date on to pretend it was written before the deadline, and you invite the court not to accept it.   If you get nowhere, then challenge it on the day in court.
    • 21st April for them to produce, personally I think this is way too much time for them😪 Order of the Sheriff-1.pdf
    • My daughter has been selling unwanted items, mostly clothes, for a couple of years now with no problems until recently.  She sold to someone in Germany before Christmas, which was claimed never got there, so obviously paypal refunded the buyer, no questions, despite her never having any problems before now, which left a negative balance.  She sent it using Hermes, something I have only just realised was a big mistake.  She has proof of postage given to her when the package was collected, although the reference number is now not recognised by Hermes, so getting in touch with them to find out what happened to her parcel is impossible (as many social media platforms have confirmed this).   So the outcome is that while we were trying to get in touch with Hermes, paypal have, very quickly, passed this on to Moorcroft who are now hassling her.  I have told her not to worry about Moorcroft as everyone knows how these people operate, I have reassured her that there will be no visit to the door from anyone.   The only concern she has is whether it will affect her credit file, as she has worked hard to get a good credit rating over the last 4 years and doesn't want something like this to destroy it.  My thought is that it can't as it is not credit, and she hasn't gained financially in any way, quite the opposite really, so it can't have any negative impact on her credit file?  She is prepared to give Moorcrost the money just to get it sorted, but I don't want her to be hasty in giving them people anything.   I've looked at a few posts similar to this and my understanding is that this is correct but just need reassurance to pass on to her.   Thank you
    • It was granted on 17th Feb and i requested to their Leeds address below:   Hermes UK Capitol House 1 Capitol Close Morley LEEDS LS27 0WH   This does look like the correct Hermes UK office address though?
    • You have a judgement against Hermes? When was it granted? You should apply for execution of the judgement immediately. You shouldn't even be asking us. One thing though – you should check that you have actually serve the papers on a real physical address. We have had one case recently against virgin where we discovered that the papers have been served on a postcode – but it was actually a redirection address and that there was no physical address which could be visited by bailiffs. What address did you use for the claim?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

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Oh and when I asked for my CCA verbally today, Link said that they needed a sample of my signature before they would send it out, I told them no way but they said thats the only way I will get it. Plus I have to send photo ID.

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Total rot

 

If they can address court paers to you they can sure as hell send you a CCA

 

Hopefully PT wil pop aong soon and advise, would imagine he'll recommend a Part 18 request for information, on the basis that you can defend yourself without all info available

 

Did the Claim form not have a CCA attached then?

 

They are obliged by CPR to include a copy of the agreement they seek to rely on

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi, Pudsters,

 

You might be better off starting a thread in the Legal Issues forum, where you'll receive lots of great advice on your defence etc, now that a DCA have made a claim against you.

 

Sounds to me that they haven't got an enforceable CCA, as they seem reluctant to send you anything. Very dodgy ground, I'd say.

 

Don't worry - lots of people have been in your position and managed to defend cases successfully, including me.

 

Cheers, BAE :)

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Total rot

 

If they can address court paers to you they can sure as hell send you a CCA

 

Hopefully PT wil pop aong soon and advise, would imagine he'll recommend a Part 18 request for information, on the basis that you can defend yourself without all info available

 

Did the Claim form not have a CCA attached then?

 

They are obliged by CPR to include a copy of the agreement they seek to rely on

 

Yep , IMHO a part 18 would be the first letter i would send them

 

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

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

b. 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 *********.(AMEND TO THE COMPANY NAME)

c. 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.

d.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).

e. 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.

f. 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.

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

h. 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.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

 

Amend to suit your circumstances

 

can you post up what their particulars of claim are? it would be helpful to know what wild claims they make without supporting documents

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Hi pudsters

 

You need to make the request in writing not over the phone - make the "request for a copy of the executed agreement for the acount under s78(1) of the Consumer Credit Act 1974". You will need to send the statutory fee of £1 (postal order not cheque - signature again :))

 

Print you name with the letter and sign over the top in a different colour - that way they can't scan it.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Steve, as PT has put above, the CCA request would be covered by the part 18, no need for the £1 or seperate request

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Thanks ncf

 

My post and pt's crossed

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thought that might be the case mate!

 

:D

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Thanks guys, will send that letter special delivery 2mrw, do i send that to link?

 

With the court, do i sent the acknowledgement straight away today as I believe this buys me some extra time?

 

Oh and do i send a copy of that letter to the court today? or wait until they don't respond?

 

Thanks

 

Pudst

x x x x

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oh and they have never sent me a letter before action or default notice etc...

 

Pudst

x x x

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Thanks guys, will send that letter special delivery 2mrw, do i send that to link?
Yes
With the court, do i sent the acknowledgement straight away today as I believe this buys me some extra time?
There is no advantage in waiting, you get 28 days once you have acknowledged
Oh and do i send a copy of that letter to the court today? or wait until they don't respond?
If youi mean the part 18 letter, you should copy it to the court.

oh and they have never sent me a letter before action or default notice etc...
That will be an important part of your defence - no lba = not following court procedures, no default = no right of action
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Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Excellent, i will fax over my acknowldgement of service now. I will also send a copy of the letter to link to the court today too.

 

Thanks so much for everyone's help.

 

That letter is brill thanks

 

Pudst

x x x x

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I am in the same situation with Link - they have issued four claims against us. All of the defences are now in, but we have not received any information from Link at all (under CPR)which I have used as part of our defence. On two of the accounts they have not provided a cca, but have tried to argue that it was sent,but our address is inaccessible (funny all their other letters get through ok) they also say they sent recorded deliveries , but we didn't bother to collect them. complete lies. We actually had a message placed through our letter box the other day, as Link had telephoned someone we don't know, and instructed this person to pass a message to us to urgently ring them. I have reported Link to trading stadnards for this. I phoned them and they wanted to discuss an account that so far they have been unable to provide a CCA for, although this one has undoubtedly gone astray as well. So be very careful in your dealings with Link, as they will try every underhanded trick in the book. good luck with your defence, Magda

Edited by MAGDA
typo
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Thanks Magda, they are very underhanded, they were asking for a signature sample. Which i said no way to.

 

I have sent the letter special delivery today to both the court and to link. Just gotta wait and see what happens now...

 

They are dealing with another alleged account of my husband's but because I have already questioned the legality of the account they seem to have left him alone.

 

Can't believe they have done this though, they are so incompetent!

 

Pudst

x x x x

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Righto, for information, the particulars of the claim are as follows

 

'The claimant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the Defendant in writing and dated 08/06/2004 and assigned to the Claimant. The Defendant has failed to make payments as required by the agreement and to comply with a default notice or notices served by the Claimant and/or the Assignor.

 

and the Claimant claims:-

1. £3,526.73

2. Interest pursuant to Section 69 County Court Act (1984) at a rate if 8.000% per annum from 21/01/08 to 13/05/08 of £87.35 and thereafter at a daily rate of £0.770 to date of judgement or sooner payment.

 

Date: 14./05/08'

 

__________________________________________________

 

They are claiming that they took ownership of this on the 21/01/08 yet they didnt bother to contact me until 08/04/08... that was their 1st letter, surely this will also go against them as they are now 'trying' to claim interest for all the time from Jan.

 

Pudst

x x x x

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Several questions:

 

1. did they send a Letter Before Action? (actually I see the answer is in post #35)

2. did they send you a default notice ?

3. did they send you a notice of assignment?

4. did they attach the agreement referred to to the claim form

5. have they sent a statement of account showing how the £3526.73 is calculated?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Several questions:

 

1. did they send a Letter Before Action? (actually I see the answer is in post #35) -

 

*NO LETTER BEFORE ACTION.

 

2. did they send you a default notice ?

 

*YES, I CHECKED THEY SENT ME A DEFAULT NOTICE 24/04/2008.

 

3. did they send you a notice of assignment?

 

*NO, BUT SENT ME A LETTER ON THE 08/04/2008 WHICH INTRODUCED ME TO LINK FINANCIAL.

 

4. did they attach the agreement referred to to the claim form.

 

*NO AGREEMENT, WHEN I QUERIED THIS THEY SAID THEY NEEDED PHOTO ID AND A SAMPLE OF MY SIGNATURE.

 

5. have they sent a statement of account showing how the £3526.73 is calculated?

 

*NO STATEMENT OF ACCOUNT/BREAKDOWN SENT AT ALL

 

 

**In short I haven't been sent very much, MBNA sent me a letter in Jan saying that they were passing it over to Link but because I hadn't heard anything at all I thought it may have been an error or the account had been rejected.

 

I have a file full of correspondance to MBNA. Cannot believe they have passed it when it is in default and dispute.

 

Pudst.

x x x x

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Not attaching the agreement to the claim form is in contravention of Practice Direction 16 (7.3) of the Civil Procedure Rules

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing

The fact that they haven't included any statement of account means that the claim is not adequately particularised and te two together maens the POC discloses no legal cause of action. The fact that you haven't been sent a Notice of Assigment means that, as far as you are aware, Link Financial have no legal right of action.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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That's fab, i knew they were pulling a fast one.

 

What can I do about that? Do I tell the court or do i just save it for my defence?

 

Thanks so much for all your help

 

Pudst

x x x x

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Put it in your defence. When does that have to be in?

Edited by steven4064

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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16th June my defence has to be in for... never written one before though.

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What type of statement of account should they include?

 

Pudst

x x x

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If they say you owe £x.xx they need to provide sufficient evidence that you do indeed owe that much (and exactly that much)

 

If there are unlawful penalties then you can dispute the amount and also insist they reveal their costs in order to demonstrate that they are not unlawful. That usually sees them off because there is no way they will do that.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Arr right, thats brill, i get what you mean.

 

I sent those letters today special delivery

 

Just going to wait and see what they get back to me with, if anything

 

Pudst

x x x x

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MBNA sent me a letter in Jan saying that they were passing it over to Link

 

Did that letter say to "Link Financial Limited" or did it say "Link Financial-Lin" like mine did?

 

No idea if this has any significance - maybe somebody can advise?

Halifax (current accounts, credit card, old mortgage, secured loan)

thread here

 

MBNA (three credit cards)

thread here

firstdirect (a current account, two mortgage accounts, old loans, old credit card)

they've sold my current account. thread here.

 

Royal Mail

Claim issued by former employer Royal Mail, thread here.

I counterclaimed and won. They paid in full.

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