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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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previous tennats not paid bills


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Hi

 

I have just moved into a flat and have seen letters arrive through the door for bills not paid, and a card put through the post saying they no one was in to check the meter. can baliffs enter ur premises even though the person living before has left, shall i just return the letters as return to sender. i have just started to unpack and am going to contact a cheap supplier to pay the bills, but i dont want to be put at risk due to some person not paying their bill.

 

please advise, i dont like the thought of bailefs knockin on my door.

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The person's bills who lived there before are absolutey nothign to do wit hyou. What you should do as you say os return the post unopened to the sender. baliffs cannot take your stuff for someone elses debt. Take meter readings forthe gas and elec and ring it through to them.

Consumer Health Forums - where you can discuss any health or relationship matters.

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did you and your landlord read the meter(s) when you moved in ? You should have. You are only liable for utilities used from then on. Refer the unpaid bills etc. to the landlord, he should have retained deposit from the previous tenant to cover just this situation, or have a forwarding address.

 

speak to the gas/elec supplier to set up a new account in your name immediately.

 

Don't worry about bailiffs, it ain't gonna happen!

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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did you and your landlord read the meter(s) when you moved in ? You should have. You are only liable for utilities used from then on. Refer the unpaid bills etc. to the landlord, he should have retained deposit from the previous tenant to cover just this situation, or have a forwarding address.

 

speak to the gas/elec supplier to set up a new account in your name immediately.

 

Don't worry about bailiffs, it ain't gonna happen!

 

;)

 

I agree with this post entirely - except for one thing; deposits aren't to cover unpaid bills! Nothing to do with this situation in particular, just wanted to point this out in case anyone else's l/lord tries to withold deposits for this.

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My former landlord held back about 25% of my deposit until he was satisfied that I wasn't leaving any unpaid bills behind (only took 3 days to check this out and pay me back in full). If that's not the correct procedure then I've been slightly conned, but overall the peace of mind both parties have was worth it. I stand corrected. :o

 

ALWAYS get your landlord to agree on meter readings on occupying AND vacating a property.

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Your Tenancy Agreement with your landlord is all you need to prove that you moved in on the date you did and that any bills owing from a previous tenant will have to be sorted out by them.

 

This is the reason I think all landlords offering short term leasing should fit their premises with a pre-paid meter. There wouldn't be any of this hassle then.

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Many landlords do fit prepayment meters in their rental properties, but there's nothing to stop the tenants arranging for the meter to be changed to a credit meter (as I have done in my own rented home), so this wouldn't be a solution in the long term. On the other hand, there's also nothing to stop a tenant who wants to avoid this type of problem arranging to get a prepayment meter fitted.

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Many landlords do fit prepayment meters in their rental properties, but there's nothing to stop the tenants arranging for the meter to be changed to a credit meter (as I have done in my own rented home), so this wouldn't be a solution in the long term.

 

Fitting a credit meter in place of an existing key meter for a new tenant would, (for the company I work for) require a security deposit or payment by Direct Debit.

 

On the other hand, there's also nothing to stop a tenant who wants to avoid this type of problem arranging to get a prepayment meter fitted.
Only if the account is in their name in the first place. In houses of multiple occupation, you'll find a lot of landlords (In our area anyway) keep the account in their name and charge the tenants accordingly with their rent.
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