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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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Another Connaught Collections Statutory Demand


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I had recieved a SD from Connaught on 19/07/07 delivered buy courier.

 

I originally had an aggrement to pay £18 per month via my Debi Card,

 

My debit card they were using expired and they were unable to continue payments

i think the last payment was in April 07,

 

I ran them to inform that my card had expired and that i now have a new one issued,

but they said that they were unable to accept the current aggreementof £18 and would only accept £50 per month,

i have already sent them a Proof of Earning etc showing my incomming / outgoing before where they were happy to accept.

 

So am i right that my next step would be to send one of these

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

to Connaught to dispute the SD that they sent.

 

Many Thanks

 

PS the Outstanding Dept is £865.39

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Judging by their "normal" routine than a CCA is the best next step.

First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

 

I am slightly converned as you say it was sent by courier.

Is there the "usual" big difference in date of letter and date of delivery ??

Be VERY careful whose advice you listen too

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I had recieved a SD from Connaught on 19/07/07 delivered buy courier.

 

I originally had an aggrement to pay £18 per month via my Debi Card,

My debit card they were using expired and they were unable to continue payments i think the last payment was in April 07, I ran them to inform that my card had expired and that i now have a new one issued, but they said that they were unable to accept the current aggreementof £18 and would only accept £50 per month, i have already sent them a Proof of Earning etc showing my incomming / outgoing before where they were happy to accept.

 

So am i right that my next step would be to send one of these http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

to Connaught to dispute the SD that they sent.

 

Many Thanks

 

PS the Outstanding Dept is £865.39

 

are you in rented or mortgaged accomodation?

 

can you reduce the debt to below £750 (this would mean they would be unable to use bankruptcy as an option against you)

 

do send that CCA request. you may well be too late to set aside the statutoru demand but you could defend a creditor's petition if they ever issue one (which is doubtful due to the debt level but no unheard of). Please can you complain to Trading Standards, The FOS and OFT about their use of a stat demand as this is massively out of order for a debt as low as yours.

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Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

 

I am slightly converned as you say it was sent by courier.

Is there the "usual" big difference in date of letter and date of delivery ??

 

Letter Template N sent to Connaughty with £1 by Special Delivery today 03/08/07

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are you in rented or mortgaged accomodation?

 

can you reduce the debt to below £750 (this would mean they would be unable to use bankruptcy as an option against you)

 

do send that CCA request. you may well be too late to set aside the statutoru demand but you could defend a creditor's petition if they ever issue one (which is doubtful due to the debt level but no unheard of). Please can you complain to Trading Standards, The FOS and OFT about their use of a stat demand as this is massively out of order for a debt as low as yours.

 

I live with my parents, I can reduce it to below £750 but not untill the end of August.

 

Are there any templates for complaining to TS FOS and OFT?

 

Thanks in Advance

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I live with my parents, I can reduce it to below £750 but not untill the end of August.

 

Are there any templates for complaining to TS FOS and OFT?

 

Thanks in Advance

 

i'm not sure on the templates as complaints are usually quite unique.

 

the end of august should be fine, reducing the debt to below £750 would certainly give you peace of mind. you should try a CCA request first as you may well find the debt is unenforceable anyway, this would mean you could defend any court action that may come your way.

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And if by magic, a return letter from connaught stating "The contents of your letter have been noted, However we write to inform you that out files have been closed and returned to 1st credit"

 

Should i now contact 1st credit regarding this and arrange payments with them now?

 

Thanks for all your help

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And if by magic, a return letter from connaught stating "The contents of your letter have been noted, However we write to inform you that out files have been closed and returned to 1st credit"

 

this seems to happen frequently.

 

let us know what happens next :)

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