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    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
    • There were 1,348 company insolvencies recorded in August 2021 in England and Wales, according to the latest figures published by the Insolvency ServiceView the full article
    • Do not appeal. Please can you complete the questions below. If their NTK is wrong they cannot transfer the liability to pay from the driver to the keeper. If they do not know the name of the driver then they are stuck. No-one to claim the money from. In any event most of the roads on the airport  either come under the Road Traffic Act or the airport Byelaws. if they do then not even the driver is liable since Apcoa has no right to issue tickets for either of those type of roads. But they still do and people still pay them.     
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simmo66 verses abbey


simmo66
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:shock:hi sent off my first letter to ask for my statements on the 12th march 2007 got a reply from abbey dated the 3rd april cant wait to get my money back from abbey they were terrible to me when i was off work for seven weeks due to cancer i beat breast cancer abbey your next

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Hi Simmo,

 

Many congratulations on your Major win, I'm sure Abbey will be easy after that.

Welcome aboard.

There is a lot of information on this site so take your time and spend a couple of days reading as much as you can.

Here are a couple of links to get you started and I suggest you always keep them to hand.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

When you are comfortable start a thread "XXXX v Bank Name here" in the relevant bank forum as then people with specific experience of this bank can offer support and advice.

There is a lot of information to take in here so if unsure it is always best to Ask first.

If you need a quick answer to a question you could always try the chatroom as there are usually some very helpful people in there.

Very best of luck

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Good for you Simmo. Glad to hear of your recovery. Good news, indeed.

 

Spend a few days reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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  • 1 month later...

hello everyone

i started my claim with abbey in march 2007 just got a reply from them on the 16th of may stating that they will get back to me in four weeks time, im not waiting four weeks i started to take them to court on the 16th of may im claiming £1889.05 plus interest of £330.67 totaling £2220.17 what i need to know please is what does a court bundle consist of is it all the correspondance between myself and abbey i know i have to have three copies of everything one for me, one for the judge and one for abbey but is there anything else that i need to do im a total novice at this so sorry if i seem a bit thick

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HI EVERYONE I got a letter from the court today stating that abbey has untill the 5th june to reply,If abbey does not reply to me by the 5th june do i file for a judgement the next day ?

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  • 4 weeks later...

hi all today 14th june i recieved a letter from abbey its a letter that came with thier defence of the court claim i have against them they are offering me £1508.11 to settle on a claim worth £2320.17 plus £120.00 court fee .They say in the letter that the charges are liquidated damages, and not penalty charges and are therefore valid pre-estimates of loss, im going to go on with the claim, they also state that they have to charge something, when i go to court if the judge brings that point up about how much do i think i should pay what do i say , bloody abbey they are a pain , they are also chirping up about terms and conditions.

 

simmo66:)

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Isn't the response (if you actually get to court) that Abbey need to provide a breakdown of their costs so that a fair and reasonable charge can be calculated. If you don't know what it costs them you can't cover their loss. I just had a letter today settling in full (before a prelim hearing a week today) £3K plus £500 ish interest plus £220 court costs which includes the AQ fee, so keep on at them they will pay.....

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yes simm, don't give up........just keep going. reject what they have offered if that's what you want......there are some template letters for rejecting.

 

they will come round in the end.....don't worry.

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thankyou for your speedy reply ,its been very helpfull im not worrid about going to court im a big girl, im just worrid about making a prat of myself so thankyou again a bit more ammo for me if i get to court , well done on your victory

kind regards SIMMO66 (Dawn)

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you won't make a p**t of yourself.....just follow the advice on here to the letter and all will be okay.

 

make sure whatever you send abbey is recorded so you have proof of when it was sent for the court if needed. i've just put all of mine in my court bundle which was filed a couple of days ago.

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good, i'm glad you're gonna reject......it's a tactic they are using a lot now

...sending out defence and adding a GOGW.....thankfully they have never offered me a GOGW.....strange that!!

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good for you, me too. i'm just in the early stages of my second claim....at the moment they have failed to comply with the SAR - i sent a LBA but had no response to that then all of a sudden they sent me an offer of £690 GOGW - they owe me thousands but won't give me my statements to prove it......i just made a formal complaint to the information commissioner...waiting to hear on that.

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:D this is the draft letter that im going to send to abbey do you all think its ok

 

Dear Juan

i respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2320.17. As you allready know i have also had to pay out a court fee of £120.00, and there will be a further fee that i will have to pay to the court of £100.00 for the allocation questionair.

Juan you stated in your letter that you did not want either myself or Abbey to incur any further costs so i would accept the sum of £2440.17.

 

I trust this clarifies my position

 

Yours faithfully

 

simmo 66 :D

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  • 2 weeks later...

im reading through the defence that abbey have sent to me and they are stating that i quote (In accordance with the limitation act 1980, the defendant denies that the claimant is entitled to any amount relating to fees incurred before 17th may 2001) the thing is when i sent off my s.a.r. in april asking for 6 years of statements. abbey sent me back statements dated from the 1st january 2001 to the 31st december 2006. so that is all ive claimed for. abbey refunded me a lot of charges in 2007 as i was off work due to having a masectomy it amounted to about £300 im a bit confused why are abbey pulling me up on this point . the were awfull to me i had to go down to the canary wharf branch of abbey and prove that i had had a masectomy , i had to take all my medical proof and it was two days after my operation and i still had a drain in, i hate shabby so much, will the judge throw it out cos abbey are saying that im claiming for more than 6 years when im not bloody crabby shabby arggggggg

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Hi there

 

Firstly, I am very sorry to hear you have had such a tough time, and I hope things are getting better for you.

 

Regarding the 6 years, I am sorry to say this, but you are claiming over that.

It is not 6 years worth of charges you can claim, but up to 6 years from the date of filing at Court.

 

So the charges between January and May 16th 2001 are outside of this period.

 

However, there is an argument re "concealment" that can be used, quoting the Statute of Limitations Act. All the relevant info is here:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

But I think you have to use the SoLA argument in your Particulars of Claim.

 

I am sorry again; I am sure this is not what you wanted to hear - I think your best course of action at the moment would be to send a private message to a Moderator or Site Helper for more guidance on this one.

 

Best regards

 

Jo xx

Six Nations Champions 2009

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thanks jo for your help im doing fine now just got to be rebuilt i will follow your advice i was offered £1500 to settle so if im out of my depth i will cut and run but i will give it a go to see if i can go further thanks again simmo66 Dawn :D

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  • 2 weeks later...

i started my second claim against abbey i used mcol just been on mcol checking the status of my claim abbey had untill the 14th july (today) to file a defence they havn't so do i file for judgement in my favour today or leave it till tomorrow ?:-D :-D

:twisted:

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6 threads merged.

 

Please keep all details of this claim here, rather than starting a new one for each question - this will actually help you to receive the best and quickest responses.

..

.

 

Opinions given herein are made informally by myself 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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Courts generally work Monday to Friday so technically if a deadline was to fall on Saturday or Sunday then the Court would probably let Abbey File a defence on Monday. Phone the Court Monday and if they haven't filed then you can request judgement, but be aware that the court may look more favourably on your case if you were to give Abbey another 14 days in which to file a defence. The chances are Abbey are not deliberately ignoring your case but are simply snowed under. From experience i know that giving them this extra time generally results in an earlier successful pre-court settlement. If you file for judgement now you will have to be prepared to set out your entire case with supporting evidence to the judge. The choice is entirely yours of course, i am just offering my opinion from experience. Abbey seem to be the worst for dealing with each case differently, but if you give them that extra 14 days i am pretty certain you will be receiving an offer before that. Good luck.

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thanks for your advice i will check money claim on line on monday and if they havn't filed their defence i will ask for judgement, im in the process of waiting for a court date for my other claim with abbey, they filed a defence on that claim 4 days after it was aknowledged, I dont want to give abbey any more time than i have to :D

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