Jump to content


  • Tweets

  • Posts

    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Buchanan Clark & Wells, Aktiv Krapital, and the Creditor as Barclaycard


exRAF
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4340 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Received a letter from this outfit on Monday. It states;

 

Dear Mr X,

 

We are trying to contact Mr X with regards to a private matter. We have confirmed your address through a credit link obtained via a credit reference agency as being the same person who previously lived at the original above address.

 

It then goes on to state they act for Activ Kapital and that I should make contact with them to provide relevant details. If I am not the individual concerned, contact them anyway and they'll remove me.

 

To be honest the letter makes no sense? Are Activ Krapital not big enough to contact me? or is it a case of BCW trying to collect an alleged debt for financial benefit? Equidebt were at it a few weeks ago as well.........

 

The debt(s) in question are, to the best of my knowledge, statute barred as it's now 5 years and 1 month after the last payment was made according to my credit file - although it's not 100% clear as one shows as last payment in Feb 2007, then payments missed from March 2007 onward, whilst the other shows no update for most of 2007 and then a default in January 2008.

 

Naturally I'd like to draw a line under it and send off the SB letter, but I cannot be 100% sure there wasn't a token payment made after they stopped updating my CRF. So my options are;

 

1. Ignore until they show their hand

 

2. Send the SB letter - but risk them coming back with some sort of proof I paid something thus altering the SB date and flagging myself up to them.

 

I'm inclined to go with 1. but happy for opinions!

Link to post
Share on other sites

if you are north of the boarder send the scottish sb letter.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

if you are north of the boarder send the scottish sb letter.

 

dx

 

Thanks dx and others,

 

My only concern is that whilst my credit file shows the last payment officially being 5 years and 1 month ago, and I'm in Scotland, therefore suggesting SB, I'm worried there may have been a token payment made. At the time I was advised to ask for all my debt to be written off. If this wasn't accepted to pay nothing and await bankruptcy proceedings. This advice was given as I'm chronically ill.

 

So is it best just to ignore, or risk the SB letter?

Link to post
Share on other sites

i dont think you'll be 'risking' anything.

 

sending the sb letter admits nothing

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

i dont think you'll be 'risking' anything.

 

sending the sb letter admits nothing

 

dx

 

I guess what I was angling at was if I sent the SB letter and there was indeed no token payment all is well. If however there was a token payment at some point (and I haven't remembered) then could it give them enough desire to start to pursue? In comparison to just totally ignoring it as it seems from reading on here the more you respond the more they pursue?

Link to post
Share on other sites

yes agreed and thats always my view.

 

the more you pull their chain, the more they trhink they have found a mug to fleece

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

yes agreed and thats always my view.

 

the more you pull their chain, the more they trhink they have found a mug to fleece

 

dx

 

Thanks dx, much appreciated. I'll file it away and keep an eye on my credit reports. I'm hoping all this will start to tidy up next year when the defaults drop off. Hated all the worry I've had with the debt, which only added to my ill health. Really wanted bankruptcy at the time to draw a line under it all, and I considered it when the LILA scheme arrived but glad I didn't. It's such a mark against you it seems.

Link to post
Share on other sites

well done, keep thinking that way, i never recommend any hard and binding wayout.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Well I've just spent an hour running through my bank statements online and I can confidently say I made no payments to any creditor from March 30th 2007 onward. I did have another account but I abandoned it due to being in the OD. So unless I sent them cash, or a postal order I know I couldn't and haven't made a payment since then. The only sticking point now may be working out when I last wrote to them as I was trying to negotiate. Trouble was they were so stubborn I gave up!

 

Are they likely to produce a letter dated within five years that I may have sent, given they can't seem to even keep people's credit agreements on file?

 

This may all be irrelevant given I plan to ignore, but a plan B is always worth having :-)

Link to post
Share on other sites

unless you specifically wrote a letter stating this is my debt and here is my sig acking the fact i doubt you'll have any issues.

 

if you had then it would have been used by now,

 

toxic lemon debt,, dropped like a stone.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Send the SB letter by recorded delivery (I think its called signed for these days) or these idiots will deny receiving it. If they continue to pester you for money you need do nothing more than report the cretins to the OFT. Should there have been a "payment" it is up to BCW to prove YOU made it.

Link to post
Share on other sites

Thanks to all :-)

 

I'm just going to sit on it for now as I know I couldnt have made a payment anyway. If they ramp up the threat o grams I'll consider further action. My main aim now is letting my credit file clean up as the defaults drop off, and try to clean anything up that might appear due to DCAs playing silly beggars ;-)

Link to post
Share on other sites

Well......

 

Today I have received a 'Formal Demand' from BCW. In this they have identified the Client as Aktiv Krapital, and the Creditor as Barclaycard. They claim I owe almost £6k but according to my records Barclaycard sold it at just over £4k!

 

What is the significance of this 'Formal Demand'? They state:

 

"Our clients have informed us they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, will not hesitate to comment legal proceedings if necessary"

 

As I said earlier in the thread I was able to trace through my bank statements all the way back to March 30th 2007 and I have made no payments to anyone either by cash, postal order, DD, card transaction or cheque. My other two bank accounts by this point were not functioning as I owed money on ODs so I know no payments can have come from them.

 

Is this another ignore letter, or is it worth worrying about enough to start fighting back given from I can see the debt is SB?

Link to post
Share on other sites

just another cleverly worded threat-o-gram

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

just another cleverly worded threat-o-gram

 

dx

 

Thanks dx.

 

I actually find it crazy that 1. They even mention Barclays as the debt was sold to AK, and 2. How many charges must have been applied to the account to just from £4k to £6k!

 

Out of curiosity is there a letter that I may receive that I should be worried about?

Link to post
Share on other sites

BCW are not that clever. If AK thought that they could collect on this account, then I would have thought they would have kept it.

 

Ignore or send a CCA request. The choice is yours.

 

Edit. In regard to the amounts that AK state. These appear to be made up. For a relatives debt of less than £500, according to AK the debt was over £2500. When their mistake (?) was pointed out, it was passed back to the previous debt owner.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

court claim form [n1]

 

and they are rarer than hens teeth

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

court claim form [n1]

 

and they are rarer than hens teeth

 

I'll keep my eyes peeled then :-)

 

You do have to wonder why its taken over 5 years and still no definitive collection action, and why the sudden rush? I'm guessing its one last push as AK and BCW know it's SB, before they sell it on to some other sucker!

Link to post
Share on other sites

hampster beding after scanning!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

Received a FINAL NOTICE today stating that the amount remains outstanding and that the letter should be accepted as final notice and they will recommend to their client that they commence legal proceedings.

 

Hmm. Wondering if I should hit them with the SB letter now? I know I can't have made a payment. However I cannot be sure they don't have correspondence from me they could possibly use as an admission of the debt.

 

Thoughts?

Link to post
Share on other sites

std threat-o-gram

 

recommend, if.might,could,instruct

 

ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...