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    • They won't have offered you a course when they sent the NIP because they don't know who was driving until you tell them.   If you are eligible for a course they will almost certainly offer it - irrespective of whether you've refused one in the past.  If they do offer you a course, I think you'd be daft not to accept it.  (I understand many drivers refuse because they think they'll be treated like naughty schoolkids, but apparently it's not like that and most people find them very useful and learn something new.)
    • Thanks. Sound advice again. I will tread carefully.    I have checked the first correspondence that they sent to me and there is no sign of an offer of a speed awareness course, I do remember being offered one a good few years ago but did not take that up at the time. That may be the reason for it not being offered again.     Looks like my only option now is to shut up and pay up.    Thanks for your input which is much appreeciated.    
    • Just about and card or loan clamform thread here You agree to mediation until the actual call on the day If by then you still dont have enough info to make an informed decision..you say no.   3 copies n180.  1 wit you
    • Think they would be silly to appeal as a more forensic look at VCS MO and shenanigans could turn round and bite Simon on the bum.
    • Experts are saying that the PM's roadmap is more about dates than data, the opposite of what he claims. He could be making a rod for his own back again.   https://www.theguardian.com/politics/2021/feb/26/experts-criticise-boris-johnson-putting-dates-covid-roadmap?CMP=share_btn_tw
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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

Wescott given up - now Lowells trying.


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When out of time on CCA requests they apparently back date letters as well!!

They cannot bacdate the postmark though. MUPPETS:D

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All the correspondence that I have received from DCA have no post mark on them as they seem to have a special way of getting around this therefore they can backdate letters as when it is necessary for them to do so and to pile on the pressure on individuals.:evil::evil:

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All the correspondence that I have received from DCA have no post mark on them as they seem to have a special way of getting around this therefore they can backdate letters as when it is necessary for them to do so and to pile on the pressure on individuals.:evil::evil:
There should be on the rear of the envelope a date and time from the sorting office it went through

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There should be on the rear of the envelope a date and time from the sorting office it went through

 

Leeds Coaching Station, 1839.

 

Perhaps it depends on where you live and the sorting office involved. Most of Lowells 'purchased' debts are so old, they are still operating on the Julian calendar anyway so it's probably better for them not to put dates on things. One day you may be lucky and get a 'penny black' from them. :p

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Leeds Coaching Station, 1839.

 

Perhaps it depends on where you live and the sorting office involved. Most of Lowells 'purchased' debts are so old, they are still operating on the Julian calendar anyway so it's probably better for them not to put dates on things. One day you may be lucky and get a 'penny black' from them. :p

Clownells are so busy they even work on Christmas Day. Well I did get a letter dated 25th December once. MUPPETS:rolleyes:

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I too got a letter from Lowells stating that the agreement was not a regulated credit agreement etc. etc. Wrote last week asking for a copy of the agreement anyway and what legislation it is governed by that gives them the legal powers to demand payment.

Abbey

6/10/06 - £1260 received in bank charges :-D

Lowell

7/2007 alleged debt 1

1/2008 closed file:)

1st Credit

4/2007 alleged debt

7/2007 complaint sent to TS & OFT

1/2008 Mackenzie Hall threatening legal action

2/2008 closed file:)

Lowell

7/2007 alleged debt 2

7/2007 CCA'd

11/2007 complaint sent to TS & OFT :?

Lowell's continue to harass :(

Lowell

6/2008 alleged debt 3

6/2008 CCA'd

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I too got a letter from Lowells stating that the agreement was not a regulated credit agreement etc. etc. Wrote last week asking for a copy of the agreement anyway and what legislation it is governed by that gives them the legal powers to demand payment.
Oh dear that will confuse them all at Clownells. You will probably get something along the lines of '' As you have failed to reply to our repeated requests for payment we have passed this overdue account on to our Legal Deapartment who will be instructed to institute proceedings for full recovery of this long outstanding amount. Blah blah blah blah.

 

If you are really lucky you will get one of the famous Yellow Cards:D

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Nothing from these idiots re the CCA, but another `phone call tonight. What part of "I am only to be contacted in writing " are they having trouble with?.

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It's not on any of their scripts so they have no idea how to deal with it at all.

 

If it's not on the script and you say it in a phone call - ignore it.

 

If it's not on the script and you put it in writing - ignore it.

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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However, I do not blame the call centre staff at all - and no, I don't work in one and never have - it's all down to a complete lack of training which might give them some idea of what they're doing plus total discouragement from using anything resembling their own initiative.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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They say that certain foods make you brainy.

obviously their sausages dont come in a roll ,they must be INBRED :D

 

 

 

Good one you just cheered me up

 

 

rae may:D

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Despite asking both on the phone and in writing that Lowell do not contact me by phone, they have continued to call 3 + times a day. Last week my husband answered the phone to them and decided to give them some of their own medicine and asked to take them through some questions for security reasons ie. full address and postcode etc. the caller replied "there's no need to get so aggressive" is this not how they behave?

Abbey

6/10/06 - £1260 received in bank charges :-D

Lowell

7/2007 alleged debt 1

1/2008 closed file:)

1st Credit

4/2007 alleged debt

7/2007 complaint sent to TS & OFT

1/2008 Mackenzie Hall threatening legal action

2/2008 closed file:)

Lowell

7/2007 alleged debt 2

7/2007 CCA'd

11/2007 complaint sent to TS & OFT :?

Lowell's continue to harass :(

Lowell

6/2008 alleged debt 3

6/2008 CCA'd

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Exactly.

If you haven't already done it, find the template letter on here about telephone harassment and send it. Otherwise report them to Trading Standards, and tell them you've done it. In writing of course!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Despite asking both on the phone and in writing that Lowell do not contact me by phone, they have continued to call 3 + times a day. Last week my husband answered the phone to them and decided to give them some of their own medicine and asked to take them through some questions for security reasons ie. full address and postcode etc. the caller replied "there's no need to get so aggressive" is this not how they behave?

They call it agressive when you try to confirm who you are talking to.You have as much right as they have to establish someones identity:-)

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And today I get the next standard threat.`As you have failed to contact us (despite their signing for two recorded letters) we have now been instructed (who by?) to appoint an agent in your area to visit your home etc etc`. To prevent this unwanted intrusion I MUST contact them URGENTLY.

I think I`ll just send them a copy of the letter I`ve seen somewhere on the site re only the postman and emergency services (??) are allowed to call.

What should I expect next from these berks?.

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They will keep threatening and writing until someone official tells them to back off. If you can stand it, just let them keep digging that hole!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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And today I get the next standard threat.`As you have failed to contact us (despite their signing for two recorded letters) we have now been instructed (who by?) to appoint an agent in your area to visit your home etc etc`. To prevent this unwanted intrusion I MUST contact them URGENTLY.

I think I`ll just send them a copy of the letter I`ve seen somewhere on the site re only the postman and emergency services (??) are allowed to call.

What should I expect next from these berks?.

Firstly remember that a doorstep caller from a scummy DCA has ABSOLUTELY NO RIGHTS WHATSOEVER. In the highly unlikely event of one calling at your door advise him that he is trespassing. Refuse to discuss anything with him. Demand he leave your property forthwith. If he fails to do so reasonable minimum force may be used under common law. In practice though its much better to contact your local police and report a breach of the peace.

 

Also contact the morons and tell them that you withdraw any right implied or otherwise for one of their agents to visit your property. Remind them that should they send someone they will be jointly liable as they instructed the doorstep collector in spite of you express wishes

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This is the letter you need.

 

Dear Sirs,

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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  • 3 weeks later...

Ooh - Lowells throw a hissy fit.

"As a company we are well aware of our obligations in respect of the CCA. However, your guidance is certainly not required and neither do we require certain sections or sub-sections documenting or quoting. Furthermore, blah blah blah".

And they have no intention of explaining why they say that they don`t need to supply a signed agreement.

They enclose a leaflet for the OFT saying I have six months to complain. No explanation at all for the `phone calls made after my written and verbal instructions not to do so. Just a paragraph to say that 2 weeks after signing for my letter, they removed my number from their records. Lightening quick aren`t they.

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