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    • 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
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Bryan Carter welcome finance debt


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Hi all,

Well I'm certainly bowled over to see there is an entire thread about this guy.!

 

in July 2008 I took out a really terrible loan of £4,000

I paid it until Jan 2009, when redundancy forced us to return to my wife's home country where I had a job offer there.

 

I couldn't afford to maintain payments on a lesser currency from another country and I left it to default,

foolish I know but if you haven't got the money what can you do?

 

Over the years various companies have purchased and sold the debt on

where now Lowells have it and

Fredrickson have been calling and sending letters,

 

I've ignored them as I can't pay it in full and frankly I feel intimidated.

 

On my Noddle credit file the debt is marked under the closed section as 'settled'

and hasn't been updated since August 2012.

On CreditExpert the default is no longer there.

 

today I arrived home really pleased after seeing our baby for the first time (12 week scan)

only to find a letter from Bryan Carter on behalf of Fredrickson/Lowell,

stating if I don't set up a payment plan

they will 'recommend' that their client Fredrickson start court proceedings.

 

Is this another intimidation letter trying to scare me

or are these guys for real?

 

They seem to be really taking on a lot of people of recent.

 

What should I do as this has me a little worried.

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are you abroard now?

 

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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ok

 

what was the original debt please

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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sri wrongly worded

 

who did you get the money from

 

the original creditor

 

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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Share on other sites

typically 90% of welcome debts are vastly inflated with

unlawful PENALTY charges

[late/over/letter/phone/debt management]

 

and various compulsory insurances like PPI etc etc

 

they can be reclaimed too.

 

that'll be why they sold it on.

 

got all the statements?

 

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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Share on other sites

moved you to the welcome finance forum

 

loads to read here

 

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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Share on other sites

stuff all std threat o gram

 

he'll go nowhere near a court wit a welcome debt

hes been well burnt by these debts before.

 

get an sar off to welcome get all the statements.

 

what have you been getting in the last 2yrs on this debt?

 

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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you've obv been checking your cra file for the last 2yrs

 

no letters previous to this?

 

have you recently settled at a new address?

 

.....................................

 

On my Noddle credit file the debt is marked under the closed section as 'settled'

and hasn't been updated since August 2012.

On CreditExpert the default is no longer there.

 

.......................................

 

if it shows settled

 

then it was sold and put on a phishing list

lowells have brought it

 

and the computer system has fired out a 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... 

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There was a long period, couple of years of no letters at all.

 

Then maybe 1 from Lowells every 6 months, I've moved to a rented house in the last year.

 

Also, in my searched addresses in my credit file it shows Lowell making a search nearly every month.

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yes so they've been trying to find you

 

the rent application or ctax or utils would have shown your new address

 

no sure how knowledgeable you are of the uk system

 

but these people [lowells] buy debts for a fraction of the p/£

 

then send out phishing lettrs to spoof the unknowing

 

carter is solicitor for hire

bottom line is its a bloke at the next desk from lowells

in a diff coloured skirt.

 

a dca or their 'fake/tame' solicitors are not bailiffs

and have no such bailiff powers

 

get that sar off

 

what is the default date on the debt summary

 

dx

 

 

they prob owe you more than you owe them

 

you are in the info gathering

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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I was born here and reasonably knowledgeable how to the UK unsecured debt market works,

 

the debtor can't make payments to the creditor after a while

 

sells debt on to large debt collectors for a fraction

 

who then allow smaller a slew of smaller bottom feeding debt companies to take turns to have a go at getting it back,

 

all the while maintaining the pretense that the original creditor still wants the money.

 

It's a disgusting immoral, market that infringes consumer rights on a massive scale, it should be shut down.

 

Default date was Jun 2009.

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great

 

so jun 15 it will vanish from your file....

that sort of tallies with the last payment around jan 09.

 

get that sar off

 

till then sit on your hands

 

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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post 8

 

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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always the OC original creditor

 

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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Share on other sites

Thank for for your help DX, you've been great.

 

I don't have Welcome Finance's original account reference number, can I send the SAR with Lowell's account number? Also, do I reference my previous address where I originally took the loan out?

 

So when I have all info they have on me, then what?

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you don't need any numbers

yes ref your old address

 

and inc a copy of say a util or CTAX bill as proof of new address.

 

time to read a few threads here for the rest

 

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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