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    • to frighten and intimidate you most probably. don't engage.   have you done your WS yet? needs doing in the next 7days    
    • 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.
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just got a court date


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Hi Folks I have just received a court date of 20th sept at Preston county court(my birthday:) )

Had a letter from YB in july telling me that they would be applying for a stay. Phoned court today and they say there is no record of this, so to carry on as normal.

I have printed basic court bundle with statements etc but am not sure what else needs to go in bundle.I have read on the forum that a statement of evidence should be included, and also the T&Cs.

Is this the case and what else do I need to include:confused: I have looked for these items on site but am struggling to find them

All advice is gratefully received:) :)

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Hi motormouth,

 

It's good news that a stay hasn't been put on your claim so far.

 

With regards to what you'll need to put in your court bundle, you'll definitely need T&C's but the other contents will depend on the directions you've been given from the court. Can you post your directions up on this thread please - that way you'll get the correct advice. :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

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I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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thanks Hedgey06 for your quick reply!

Below is what I have received from court:

 

1. This case is one of a number listed on the same date.both parties must be ready for trial on that date.

 

2. Any party may rely as evidence on a statement of cases (if verified by a statement of truth). Evidence of witnesses will be given in writing only, by way of a sworn affidavit or witness statement verified by the truth.

3. Any witness evidence or documents to rely on by the claimant must be filed at court and served on the Defendant no later than 21 days before the hearing. Any witness evidence of documents to be relied on by the Defendant must be filed at court and serve on the claimant no later than 7 days before the hearing.

4. Each party must provide its documents and written evidence (inc. a copy of any statement of case relied on) in a single bound and paginated bundle clearly marked on the front with the case number and names of parties.

I hope this helps you to help me!:)

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Hi motormouth,

 

You're going to need (as a start!) the basic court bundle which you can find here. Click on the links as shown in the bundle to download additional information and make sure you include all information as stated on the contents page (e.g., copy statements, schedule of charges, all pre-litigation correspondence, etc).

 

You're also going to need a witness statement - have a look here for further info http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

Don't forget to include relevant T&C's for your account. If you can't find the T&C's from when your account was opened, download the most recent ones (ensure your witness statement corresponds with relevant passages in the T&Cs).

 

It also looks as though you'll need a statement of evidence. See here for relevant links http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

 

The witness statement, T&C's and statement of evidence need to be included on your contents page (before the additional items on the basic court bundle).

 

Best of luck :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Have a look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html But if you can't find the one's relevant to you account, at the very least include the most recent T&C's that you can download from their website. :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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  • 3 weeks later...

hello people,

disappointed not getting a reply in my time of need :Cry: but struggled through and sent bundle to YB and court,21 days before court date.

Should have received documents from YB by today(7 days) but of course there is nothing in the post:rolleyes:

Have heard nothing about application for a stay so presume case is still on for next thursday 20th.

Paperwork that i received from court on 8th july stated that if any party wished to apply for a stay, or for it to be set aside, to apply within 14 days OF THAT DATE.:)

Maybe this is why it looks to be going ahead.

have the defaulted by not supplying the paperwork on time??

 

Many Thanks

MM

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Hi Motormouth,

 

See my thread for what happened to me in Bury this week. I was in the same boat with Yb failing to provide me with the bundle. Yet despite this the simple fact that they had informed both me and the court that they would be requestign a stay, in the view of the judge, meant they didnt need to bother!

Of course this is nothing like the matter being pre judged is it!!!!!!!!!

I read in another thread that it is worth stressing in court, when asked by the judge why the matter should not be stayed.......that the OFT test case does not really have a bearing on your matter, as the test case only questions the level of charges and does not deal with the matter of penalty charges being unlawful....which is of course what the 2004 quarterly meeting tells us they are.

Best of luck, and hope you dont have a wasted day.

Another bit of info I got from my day in court was that if you want to request the judge to stop the bank placing any more "charges" on your account until the outcome of the test case...you will need to make a formal application. I cited Nadine Fay v Barclays before Judge Abrahams sitting at Luton CC....still with no success.

Go for it Motormouth

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thanks for the reply Ross;)

 

Does not sound too good for me next week does it?

 

I wonder if its worth phoning the court to find out whats going to happen, or at least if they know about a stay application.last time I spoke to them they said they had no record of stay being requested and that was about 3 weeks ago.

 

Will keep you informed.......

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Thanks for the birthday wishes Georgieboy :)

 

Went to court today and was very surprised to see that there was no one from YB there!

Got called to see Judge and thought I was on to a winner....

 

Judge said that because my bundle contained over 100 pages that he would have to set aside 4 HOURS to read it all, and commented that he had seen this kind of evidence before, copied from a consumer site( it wasnt copied,lots of things were changed to suit my case:rolleyes: )

 

It was obvious that he was biased towards the bank and said that due to the OFT case in january, that Judges could not continue making judgements now that a case had been announced and that people seem to think that if the Defence does not turn up then they can say a few words and win by default:(

 

Anyway it has been stayed by the Judge until outcome of OFT case.

 

Not happy.

MM

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That is appalling. Did YB even apply for a stay?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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So he imposed a stay when they had failed to comply with his order to submit a bundle and failed to turn up. Amazing!

 

Which court was it?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Motormouth I can sympathise with you, when I was in court YB did show up, but I had the same response from the Judge, he was definately biased towards YB, the case was decided before I entered the room, he also said he would need to set aside several hours if the case was to be heard properly but stayed the case anyway....

Reclaiming £2200 from Yorkshire Bank 5.2.07

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Gotta say Motor, that seems an absolute disgrace.

As Caro says, no bundle, nobody in court and not even a letter to court requestign a stay.....as you say the judges just dont want to seem to put themselves out. I bet he just didnt want to have to spend the extra time reading your bundle. Wouldnt mind betting it was a sunny day and he already had his tee off time booked.

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