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Topic moved to Financial Legal Issues Forum. When you have all the details of the debt /claim/judgment...please complete the following and post your responses back here for further advice. Andy -
By London1971 · Posted
Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. -
By comebackjimmy · Posted
Hello all A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011. They lodged their claim in 2019 to my colleagues old address and got a back door judgement. I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week. It was slightly comical. The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case. She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case. He asked her if she was ready to deal with it. She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only. It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed. Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons. The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend. I am running the case here for any CAGers to advise and comment. My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend. The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them. In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017. I will get back to the thread with more details. If anybody wants to comment then all suggestions welcome. -
By London1971 · Posted
All of the above but I don't think their default is going to hurt your mortgage application. -
By BankFodder · Posted
Unless you have already sent it – which I don't think it's clear – how about this as an alternative:
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Natwest Bank Transfer Fraud Call HMRC Please help ***Refund in Full***
waz70 posted a topic in NatWest Bank,
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-
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Hillesden Securities - Citifinancial/Associates - No original agreement
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