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    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Fredrickson International & Bryan Carter Solicitors


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Hi,

As i am new to this forum and not really clued up on a pc i was wondering if anyone could give me some advice?

 

I recived a letter from FI asking me to contact them if i was the person the letter was addressed to.

 

I totally ignored their request

but then a few days later recieved another letter stating that they were acting for their client Capital One to which i owed a sum of money

and this sum of money needed to be paid within the next seven days or bailiffs would calling to take belongings up to the value of the sum owed

 

I took some advice from my boss at work who was a help and he got me to send a prove it letter to both their PO Box Address & their reg address in London

which i then did by recorded delivery as he suggested.

 

I still have not had a reply from FI.

 

I have now recieved a letter from Bryan Carter Solicitors Stating that full payment must be made within 14 days

or they will recommend that thier client take proceedings without further notice.

 

Can anyone tell me if the advice my boss gave was good advice or not, and what should my next steps be?

 

Any help or advice would be greatfully recieved.

Thanks in advance

 

Mitch

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Hi Welcome to CAG,

 

Ok did you have a Cap1 account? If so when did you last make a payment to that account.?

 

Freds have a portfolio of debts that are statute barred or nearly so.

Now you need to check your credit reference files, Equifax and Experian (Credit Expert) have free30 day trials, there is also Noddle which is free but not as relaible.

 

Carter is a solicitor for rent used by a few DCAs bluster and threats, for bailiffs to be instructed Arrow would have had to have obtained a CCJ and you would have to have failed to comply with the judgement order.

Give the information requested and I can draft a letter for you.

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 Brigadier.

Ty for you reply.

 

Sorry it has taken so long to reply but i can only use a pc at work and i work funny shifts.

 

info you requested is yes i did have a Cap1 account and i made my last payment in March 2012

 

I have now received another letter from Fredrickson International which reads as follows

 

Thank you for your letter dated ***** the contents of which we note.

 

We confirm we are instucted as agents by Cap1 and this debt relates to an outstanding credit card owed to them under the card number *************.

 

We note that you have already admitted liability for this debt as you last made a payment in March 2012 direct to our client.

 

If you reqoire copy documentation you can request this direct from our client at the following address (blah blah blah)

 

As we have no record of a valid dispute in this matter and we have clarified our position and that of our client

we look forward to hearing from you with your payment proposals and we are instructed to continue to pursue the outstanding balance.

 

First of all i am not saying that the debt is not mine and that i do intend to pay as much as i can afford on a monthly basis,

but i cant understand how they managed to get my address as i have moved twice since March.

 

I have recently (and still going through) as messy marriage break up along with all the debt and stress that that incurs.

 

I was giving my ex wife the money to pay this debt for me (because i didnt want anyone knowing my new address)

and now this has come to light that she aint paid a penny and been using it for her own means Grrrrrrrrrrrrr.

 

Now having to start a new life on my own

my money is stretched with renting a place to live, bills & maintainance (3 young children) ect

i have verry little of my sallary left and i am paying bits to most of my creditors.

 

Can you give any advice or help in dealing with these people?

And or what to do next.

 

i am living in lodgings and fear any bailiffs calling possibly render me homeless.

 

Any help or advice would be greatly appreciated

 

Thanking you in advance

 

A very stressed out potter2

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hi p2

 

firstly lets burst one bubble

 

DCA'd are NOT BAILIFFS

 

they never EVER will be

 

and until a DCA OWNS a debt [which freddies DON't]

 

they can do NOTHING to you.

 

only the OWNER can take you to court

 

if then you fail to pay the CCJ

 

only THEN can baillifs get involved

 

and they will be COURT BAILIFFS - and NEVER a DCA

 

even with COURT PAPERS - no DCA has ANY magical powers.

 

right thats that done...

 

can you get your cra file please

 

see below

noddle is free

 

can you list your debts please

 

and make sure they all show on the CRA file.

 

as for freccies/carter

 

for the minute

 

hang fire.

 

though if you've not got ALL the cap1 statements

 

it might be an idea to SAR them [cap1] to get them

 

lets see if you have PPI or PENALTY charges

 

dx

  • Confused 1

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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hold and click on the black underlined SAR

 

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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