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    • No u Unfortunatley I do not know who they were or how I might find out. the only details of the debt I have find just  mention debt managers.
    • Don't worry, Simple Simon of VCS/Excel is very well known to the forum, as indeed are his defeats, of which he notched up another brace only last week.   There is time to 5 February and as dx says, the defence need only be very short.  Get CPR off today and upload the correspondence in PDF when you can.  Just follow our upload guide.   A few questions.   1.  Briefly, what went on, how did your wife get three tickets?   2.  Is the person they are suing also the same person who was driving on the day?   3.  Did she receive a Letter Before Claim/Letter Before Action?   4.  Is this car park local to you?  If so it would be very useful to see pix of the signage.  You heavily hint that Simple Simon has mixed up Excel with VCS, and this has been fatal to him in court many times.
    • A quick Q; in the CPR 31.14 request which I’m amending to fit the particulars of their claim,  is it worth wording the request in point 1;   1. The contract between VEHICLE CONTROL SERVICES and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. OR land registry details confirming VEHICLE CONTROL SERVICES as private land owner.    Asking this because their claim is worded ‘.The PCN(s) was issued on private land owned or managed by C.’
    • Is the monthly repayment agreement that you have accompanied by interest? Or have they decided to freeze the interest on it?
    • Hi all, good to see a well used forum on all subjects...I don't think this will be too common.   So basically I got a £10 credit for Casimba Casino and turned it into £1045, I have used the same debit card for the past 12 months, I came to withdraw and sent it to that card when I used the withdraw procedure.   After 9 days it wasn't in my bank so their support finally tell me they sent it to a credit card I haven't used in over years, one I had defaulted on when I lost my job! I am paying it off in a monthly agreement.   But this Casino sent them the £1045, I got in touch today and said that shouldn't have been sent, its Vanquis and they said they will ring tomorrow on a decision whether they will send it back, I don't think they will but any ideas how I can persuade them otherwise, this money will be a great help as I struggle to find a job in these times.
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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
      • 31 replies

Default Notices Possible challenge?


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Removal of Default & Termination Notices

Accurate Default Notices are vital

Businesses engaged in lending or hiring regulated by the Consumer Credit Act 1974 should be aware of a recent Court of Appeal case highlighting the potential pitfalls of creditors failing to ensure that their documentation complies with the regulations.

In the vast majority of cases, before a lender or hirer can take action against a debtor or borrower, a default notice has to be served. The default notice has to comply with the Act and the relevant regulations (Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993). If a default notice in the proper form is not served, the action cannot proceed.

In this case*, the defendant hired a photocopier but failed to pay a quarterly instalment of its rent. The plaintiff served a default notice which substantially overstated the arrears which were then due. Despite this, the judge at first instance held that the default notice was valid and entered judgement for the plaintiff.

On appeal, Lord Justice Kennedy held that the Act was enacted to protect consumers, most of whom were likely to be individuals. When contracting with a financial organisation, a consumer was bound to be at a disadvantage. The contract was likely to be in standard form and complex. His Lordship said that if it was said that a consumer had broken the terms of the agreement, the consumer needed to know precisely what had been done wrong and what was needed to put matters right. The lender has the ability and resources to do this and, if it does not do so accurately, it is only right that it should not take the next step. Under s88(1) of the Act there is a requirement that the lender should 'specify' not only the nature of the breach, but also what action is required to remedy it. In the context of this case, that meant specifying with reasonable accuracy what sum the hirer had to pay to remedy the breach.

The Court went on to say that an error that could be described as minimal might be overlooked, but the substantial inaccuracy in this case rendered the default notice ineffective, so the appeal should be allowed.

Tens, if not hundreds, of thousands of default notices are issued every day. This case illustrates how vitally important it is that any default notice is correct in form, as well as in substance. It is likely that the Court would take the same view with regard to the form and contents of regulated agreements.

*Case reference

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998

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Could that apply in the following case:

 

I have a default registered on my credit file which never even went as far as court, it was paid in full in 2004 but remains on my file marked satisfied, but still showing as a default. I don't even recall ever having received their original notice of default, I'd only found out about it a few years after, when trying to apply for credit - at which point I promptly settled it. Are there any grounds would you think for having the entry removed?

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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If the default refers to a failure to pay money which was comprised of unlawful charges then we believe that yes the deafult notice is inaccurate and should be challenged.

You first have to win on the issue of penalties.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5439 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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