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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DCA CCJ - old Lloyds Credit Card - CCJ Set Aside


TheDude1
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It is very difficult to tell whether or not it would have been :(

 

Did you make any attempt to defend this ?

 

LTSB were pretty poor in respect of Default Notices, pre action protocol, etc.. so you might have had a chance.. you would need to tell us more.

 

What was the amount of the claim ?

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Uploading documents to CAG ** Instructions **

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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which of your other threads is this linked too please

 

save people wasting their time chasing someone's tail

 

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... 

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Hi mate, it's a long story, I have been a member here for a while!

 

Just a summary:

Lloyds CC - Credit Limit £1750.

Stopped paying them.

Judgment entered against me near enough £3000 - 3-4 years after terminating payments to Lloyds.

Claimant got a AoE on me.

Applied for set-aside on grounds of non-receipt of documentation, unable to submit defence.

Judge called me a liar (in so many words) and denied the SA. Awarded costs (£120) to the Claimant.

Judgment now stands at £3200 +

Edited by TheDude1
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which of your other threads is this linked too please

 

save people wasting their time chasing someone's tail

 

dx

 

Ok, there were FOUR threads on this issue - they have now been merged.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

Hi,

I've had my SAR for a week or so and I just noticed 1 missing statement at the end...

 

April 2008 - Statement - Last payment ever made - Payment received - Thank you

May 2008 - Missing Statement

June 2008 - Statement - Balance from previous statement / interest charged

July 2008 - Statement - Balance from previous statement, charge off account, refund of interest

August 2008 - Responsibility for this account passed to Credit Operations Department.

 

I had a letter with SAR, stating "The statement for may 2008 is not available on our system".

 

I just wondered why it is missing when 2 more statements followed after.

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  • 1 month later...

Hi

 

I've added everything up from all statements.... is something wrong here or have I missed something?

 

Total Purchases Made:

£2545.44

 

Total Charges:

£297.50 (late fees etc)

 

TOTAL £2842.94

 

Total Interest Charged:

£933.05

 

The card was on different interest rates:

monthly 1.385 - APR 17.9%

monthly 1.527 - APR 19.9%

monthly 2.210 - APR 30.0%

 

When I calculate the percentage of "2842.94" to get "933.05", the percentage is 32.82%... Which is a rather high percentage. So overall for my purchases I have been charged 32.82% on top.

 

I've not seen any claims regarding over-calculated interest, so I'm probably wrong here but thought it was worth a post.

Edited by TheDude1
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Did you calculate the interest from when the account was opened + compound the interest charges?

 

Hi, I just added it all up from the statements (manually) and did the calculations from the results.

Tomorrow I will use that very good spreadsheet (CISheet v101.xls)

 

I posted this thread with regards to the interest they charged me on my purchases, as according to my calculations sometimes I nail the fiquire bang on but other calculations are coming up short... I estimate that they have over-calculated the interest by roughly £80, but I've not seen anyone bring this up on cag.

 

I've not seen a claim against mis-calculation of interest, though I did read an article earlier where the author estimates billions of £'s have been reaped by the banks via over-calculation of interest.

 

Cheers

Edited by TheDude1
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Hi, thanks for the help!

 

I still can't get the fiquire they have achieved. :???:

 

Statement Balance (inc interest)

=£1,708.73

 

Actual PURCHASES (not inc interest)

=1453.13

 

Statement Interest Charged

=237.92

 

Compound Interest

=17.68

 

TOTAL INTEREST CHARGED

=255.60

 

Having tried a few combinations, the closest I can get to the interest charged is this:

1453.13 minus 17.68 = 1435.45

17.9% of 1435.45 = 256.94

 

I have a headache now! :jaw:

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You will have to analyse this month by month rather than adding up the total for the account.

 

Also remember that interest is charged on interest and that interest is charged on late payment fees and over limit fees.

 

Also remember that credit cards have interest charges applied with relevance to a charging period and from the date purchases were made.

 

You'll also need to know which items are paid off first when you make a payment to the account

 

You'll have a lot of work to do on this exercise.

 

ims

 

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Hi ims, thanks for dropping by! :-)

Thanks for the info,

 

Yeah, I already spent 4 hours inputting it all into the spreadsheet!

 

Alot more complicated than I thought and I don't think I have the brain capacity to carry on!

I very much doubt they miscalculated it, so I'll let it drop.

 

Thanks again for your time

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  • 2 weeks later...

Hi,

Wondering if anyone can shed any light on this,

 

Where does the law stand on digital signatures on a direct debit form?

 

Basically a DCA are requesting "A hand written signature" or "original signature" for the "Banking process".

 

My question is: Will the bank NOT accept digital signatures on DD forms?

Or are they just pursuant on gaining a copy of my hand-written signature?

 

Thanks

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Before you start handing over your hard earned cash to a DCA.

 

Can you please shed some more light on the debt in question including dates etc.

 

As to a Direct Debit, NEVER pay a DCA by Direct Debit, only pay by Standing Order, that way you are in complete control and no-one can then abuse the DD process and empty your Bank Account.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Standing order only, then you have

total control, you instruct your

bank what you want to pay and

when and the DCA does not get

a copy of your signature and cannot

chamge the amount.

No doubt they will throw their toys

out of the pram, but you are in charge

of what you pay not them!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi guys, thanks!

Debt cannot be disputed (CCJ), the court has ordered X amount per month through a suspended AoE.

 

So where do I stand?

Am I in the right to deny payments through Direct Debit and request standing order only?

Thanks

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Yes it's still your money, let them

send you a DD mandate, use the banking

details thereon and set up the SO job done.

The court has not made an order on the method

of payment only the amount and frequency.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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