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    • Just received the defence response from Evri. I'm surprised they are saying they don't have the parcel details etc, I've kept copies of emails and their responses where the parcel ID is mentioned. Regards, J 502MC299-claim-response.pdf502MC299-claim-response.pdf
    • i think you mean applicant not claimant above? section 127(3). readme HSBC/DG Claimform - old Credit Card Debt - Financial Legal Issues - Consumer Action Group  
    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
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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.

      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
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Campaign to stop Banks and Retailers reporting to Credit Agencies for non existent debts


Durkin
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New government petition to tie in with Supreme Court showdown. Please show your support. http://epetitions.direct.gov.uk/petitions/59291

 

 

 

 

We, the undersigned, call on the UK Government to legislate against banks maliciously reporting disputed credit accounts to credit reference agencies (CRAs)

 

Banks have a nasty habit to hold people to ransom for money that they don't owe.

 

Working with retailers and CRAs, false accounts are created. Banks then try to extort money from victims,with the threat of a default.

 

If the victim refuses to pay, the bank maliciously defaults the account, annihilating the creditworthiness of it's victim.

 

The victim can't borrow to buy a family home or other borrowing (including 0% deals) and may have trouble finding employment.

 

The nightmare lasts 6 years (longer if the victim attempts to seek justice)

 

The Supreme Court will finally rule on the first case to have made it in early 2014. Durkin v DSG & HFC.

 

Edited by citizenB
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One man has been campaigning for over 16 years to prevent Banks and Retailers reporting on a non existent debt. The latest news in this battle can be found in the thread linked below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?264189-Default-damages-PCWorld-wrong-laptop-sold-amp-HFC-Finance-Supreme-Court&p=4456223#post4456223

 

 

This is now with the Supreme Court.

 

Please sign the petition in the first post :)

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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I am pleased to see that there had been a flurry of signatures - now stands at 93 :)

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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Signed

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Signed... I wish you the best of luck Richard!

 

I understand the hearing date was listed for 28th Jan... Please keep us all posted.

 

For far too long the CRIMINALS in the banking 'profession' have used there power to sway/bully/bribe the government.

 

Criminal acts should be dealt with by way of CRIMINAL sanctions.....:mad2:

 

(B)ankers should not be 'immune', and several (many) should do a bit of 'porridge', and have all personal assets confiscated.

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Signed and the very best of luck Richard. Having been through the mill with OH on our own case I know just how stacked against you this is as the judiciary prefers to believe the spoken word of the lawyers over the written evidence of the LiP. Best wishes, BB

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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So very right but the govt and judiciary will do nothing for reasons including

a. banks bribe them by paying into party coffers

b. banks blackmail them that they will leave the country and pay even less tax than they pay now - with their tax avoidance schemes

c. politicians like to go to banking jobs after their political careers - very lucrative

d. hospitality perks from banks

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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  • 1 month later...

SecretJay, it can take a few hours to update. Although I note it is now at 242. I am saddened to see only 242 signatures.

 

The Supreme Court handed down its Judgment on Wednesday..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?420961-Richard-Durkin-wins-Supreme-Court-appeal-–-beware-lenders!

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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