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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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Biffs Sis in Law v Halifax/Bank of Scotland


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Hi All,

just starting this thread on behalf of Sis in law. Just about to send preliminary letter(L2) asking for charges.Received statements from

 

Card Service

Pitreavie Buisness Park

Dunfermline

Fife

KY99 4BS

 

Can anybody tell me the correct address to send the preliminary letter to. Not sure if it`s Halifax or Bank of Scotland.

 

TIA:confused:

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Halifax Plc

Trinity Road

Halifax

West Yorkshire

Hx1 2rg

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Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi Sea SideLady,

Thanks for your help.Found this other address from sticky, amongst others,

 

HalifaxCardServices

PitreavieBusinessPark

Dunfermline

Fife

KY99 4BS

 

Just need to confirm correct address for the preliminary letter for Halifax credit card services, paritcularly as we recievd statements from address in previous post,was also Dunfermline:confused:

 

Sorry to be a pain just trying to clarify.

TIA

Biff

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I'd agree!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Good on you!

 

Don't worry about the fact that you'll get the

"Our charges are lawful"
letter back.

 

Just keep on going!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Cheers Dusary & Moneyhelp,

thanks for the support. I have had a bit of experiance with Loyds TSB for the Missus. N1 ,AQ etc. recieved an offer for full amount just waiting for the wedge. Case still proceeding though untill we do!

Sis in Laws seemed to get a lot more friendly after that? :o

As a result

1 x Halifax Card service

1 x Shabbey

2 x BarclayCard

Oh and 1 with MBNA for me which I forgot all about till the sent me an offer:-D

I`ll have to improve my filing though:)

 

CU soon

 

Biff

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  • 1 month later...
Hi All,

quick question.

 

Can Sis in Law claim for "payment protection" fees?

 

regards

 

Biff

 

Moneyhelp is right, these can't be claimed under bank charges as they are a service.

 

These come under PPI. Some people have being pursuing cases due to misselling. Do a search on PPI, it might be an avenue but it is not straight forward. You would need a case for this however.

 

Have you asked the bank for copies of the policies and any consumer credit agreement for this.You will need it if considering.

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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TY Ken,

just an update for everyone.

 

1 Request for payment letter sent 17.07.07.(R.Del)

 

2. LBA letter sent 7.08.07(R.Del)

 

3.Recieved a letter from Halifax dated 9.08.07 Bla Bla Bla

" In view of the above,I regret to advise I am unable to refund the charges in question as they were applied to your account as per your original agreement"

"should any of your concens remain unresolved etc"

"If you would like to discuss your concerns" etc etc etc.

 

4.Received a letter from Halifax dated 13.08.07

" I am prepared to offer you a refund of charges to the value of £xxxx(50% of the total of calculated charges. CHEEK!)"

Bla Bla Bla

"If this is agreeable to you, please sign and return the enclosed acceptance form to allow us to complete the refund to you account"

etc etc etc

Acceptance form states Final and Full Settlement "

I.xxxxxx of xxxxxaddress confirm that I accept the offer of £xxxx (50% OF Total)from Halifax in full and final settlement of my complaint regarding Credit Charges on my Halifax Credit Card account"

 

5. "Response to settlement offer" letter sent 15.08.07

 

Halifax Plc

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

15.08.07

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

Response to settlement offer.

 

Dear Sir/Madam

 

Thank you for your letter dated 13.08.07

 

I respectfully decline your offer of Full and Final settlement and request, one final time, that you return to me all charges imposed on this account, totalling £xxxx.xx

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action (recorded delivery)

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days, I shall return any payment received to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

xxxxxx

 

Now awaiting thier response?:confused:

 

Hope I have got things right for her?,any advice or guidence would be greatly appreciated.

 

Biff the Bro in Law

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Hi All,

with reference to PPI charges, just been on Martin Lewis site and it is quite clear that if you meet certain conditions you could be ellageble for a claim.Although I do think that you have to pursue these independently of you bank charges.

 

In addition my Sis in Law has a number of charges on her statements for "Credit Card Repayments Insurance- Including Insurance Premium Tax" ,this title later changed to "Credit Card Pepayment Cover"

 

Are we right in believing that this is the same as PPI ans if so is she eligable to make a cliam on the grounds that she was missold this Insurance?

 

Welcome your views

Biff

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Thanks for the Bump Tilly,

we will have to wait and see on that one!

Bach to Bank charges:confused: No joy with Halifax regarding part payment/rejection offer,10 days are up, recieved a reply stating

 

"I am sorry my previous response did not resolve the matter to your satisfaction

As per our Complaints Leaflet sent with our previous corrospondence, your case has been escalated(Oooooooohh:D !) to Customer Relations and they will be in touch with you shortly.

Should you have any further concerns about your complaint, please contact Customer relations direct on 0845 850 1368.

 

your sincerely

 

Lisa McPhee"

 

Just about to issue N1 notice and have copied Halifax N1 from Sticky. However this refers to current account etc . Would it be OK to amend to Credit Cards etc or is there a specific N1 for Credit Cards?

TIA

 

Biff

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