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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   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!
       
       
        • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi AlL

 

been trying to reclaim my charges back from barclays now for a little while now. i sent off the letters as advised and heard nothing so put in a claim through mcol. In this period i had a partial offer from barclays abOUT 50% i think. As i had already paid court fees i at least wanted it sorted thorugh the court to get these back. So on the day before i could pass a judgement against them guess what they defended. I got a letter from the court saying my case was being transfered to my local court in cambridge which from reading on the website this seems to be something that normally needs to be requested later on? i didnt receive an allocation questionnaire but got the standard barclays response. so what do i do now? wait for the court to get back to me? i have seen templates on here that are very detailed do i need to send a letter to the court and attach my spreadsheet of charges to try and speed things up or as i have read on here the courts are fed up with the banks and basically just asking for a breakdown of the charges and not allowing the bank to defend as they never turn up. Any help much appreciated

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Okay, you need to send a copy of your SOC's including interest at 8% plus costs to both the court and B's.

 

A court cant really stop B's defending, they are just getting used to the fact the aint gonna show, so things like AQ's are getting skipped to speed things up.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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yer i read that was the case. thanks for that i will send them of. Do you think i should send of a detailed letter with the schedule like the ones this website basically going into more detail than on the mcol claim? or does this not really matter as the courts know whats going on?

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Barclays wont communicate regarding settling at this stage, they are too busy with cases coming up in the next two weeks.

Between 10 and 14 days is the time to give them a nudge.

 

Now you have to concentrate on your court bundles.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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ooops you havent been reading up have you,

Seriously, anyone reading this who is in a similar position.

 

YOU NEED TO KNOW THE PROCESS IN CASE IT ACTUALLY GOES TO COURT!!!

 

This is why there are numerous templates and F&Q's on here,

 

Please dont get caught out on a technicality.

 

Court bundle is everything you rely on in court to support your claim

 

here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 4 weeks later...

hi all

 

couple of quick questions.

 

1.) I have my court date/ pre trial review date

 

2.) None of the paper work i have had from the court make refernce to the allocation questionnaire or court bundles i hear everyone on about. Do i need to do these? If so any help would be appreciated.

 

I have tried emailing and ringin this Krysta but she hasnt repsonded (very busy i can appreciate)

 

cheers

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Hi all got 3 claims all going on at same time 2 v barclays 1 v hsbc. All 3 now have a court date of 13 july its says on the letter pre trial review. This seems different to what everyone else is getting ie aq's etc any1 got any ideas

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Call their bluff. When that date gets a little nearer, contact Barclays, tell them you have a court date [DO NOT TELL THEM ITS PRE TRIAL], they will assume theyve missed it in the mayhem, they will want to settle.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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ok from what i have read evrone is at cambridge court on the 13th July although some people have already settled. Are there letters on here that i should use to try and speed this process up.

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As your hearing is not until July, I would be very surprised if B's even acknowledged your efforts to negotiate a settlement.

You will just get fobbed off with 'we're too busy handling the imminent cases, call us back'

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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thinking about it these pre trial reviews sound bad news as surely they are just delaying things even longer. I mean i have had this date since march and its only pre trial so surely that means barclays would not be forced to pay up until the case actually came to trial?

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any sort of trial would be a major headache for the banks, so they will not attend, phone or anything to do with the court, they will setlle, even tho its only a pre trial. as it could still be very damaging for them.

 

dont worry ur money is practically in ur hands

 

amandax

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Cheers amanda always good to get some re assurance. i have no fear that i will get the money as with everyone its just the timescale, it seems to have dragged on forever. I have written to the solicitors again with a breakdown to see if it may prompt some action

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  • 2 weeks later...

not sure if anyone else has had this but barclays are now calling the £30 charges commission. how does this affect us claiming these back. i had one the other day that was still shown as charge and this was refunded the same day

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Sneeky-seems that they are trying to disguise their fees under a new umbrella.

 

A the end of the day it is still a fee and as such can be reclaimed as it has been chraged unlawfully.

PPMAN159

 

If this comment has helped please click on the scales.

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Its like Katie Price being called Jordan...She is still Katie Price at the end of the day.

Let then call them what they like, they still cant justify the charge.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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They've called them commission for a very long time, actually.

 

If you bank online, you'll usually see it as commission when they first levy it, then by next day, you'll see it as "paid referral fee" or whatever it is you've done.

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Spot on as usual, Bookie.

Noticed this a few months ago, seems totally pointless, really! As you say, it becomes a normal CHARGE the next day...

 

:confused:

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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