Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • 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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2130 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

Hello all,

 

Long time lurker, first time poster. The wisdom and knowledge of this forum has gave me the confidence to ignore all previous calls/threats but this latest letter is something new, that I haven't seen listed before, so feeling a little anxious.

 

ARC have taken over my QQ account after QQ failed to accept my monthly standing order payments and insisted on a DD only (we all know why). I have since moved to another bank and get my wages paid into that new account. The old account still exists.

 

I received this letter this morning. ARC have been phoning me 3-4 times a day but I have blacklisted all their numbers and it goes straight to voicemail.

 

Any advice welcome. I have not sent the 3 letters, choosing to ignore all correspondence instead.

 

Thankyou

 

Kev

Link to post
Share on other sites

PDF or Scan the letter plz... I cant read.

I suspect this is either a Notice of Assignment or a Threatogram.

They are a PITA as this is happening to me at the moment.

 

Do you want to pay QQ? If so pay them direct... :) Sure ive seen their bank details somewhere

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Sorry about that. Letter reads;

 

Special settlement offer

 

Despite correspondence from our legal department, this debt remains unpaid.

 

We understand form our client that you own the property at the above address and WE WILL NOW VERIFY THIS WITH THE LAND REGISTRY. If this is the case, we can instruct Solicitors to issue a County Court Claim against you. If the debt remains unpaid and our client obtains Judgement against you, we will then be instructed to enforce the Judgement by obtaining a Charging Order against your property to secure this debt for our client. Once a charging order is obtained, you may not be able to sell or remortgage your property without clearing this debt in full.

 

Even at this late stage our client is prepared to give you one final opportunity to settle this matter in a way that would be of significant advantage to you. Therefore we can offer a substantial one off discount on your outstanding balance. If you are able to pay a mutually agreed sum within 35 days of the date of this letter, our client will write off the remaining balance and you will not be contacted any further.

 

If we do not receive your reply within 35 days , this matter will be passed for further action without any further notice to you. Please always quote our reference on all communications.

 

_______________________________________________________________________________

 

Debt currently stands at between £1000-£1100. What offer would I likely receive and would they expect that to be paid on one lump sum, or over 2 or 3 payments?

 

Thanks

 

Kev

Link to post
Share on other sites

See this is now a toughie me to really advise on...

Do you own your own house? If so , that could be a real clincher here.

 

You can try and find out.... But other always advise to stay off the phone. We dont condone debt avoidance, but wed rather you didnt pay a DCA...

I suspect this may just be a normal threatogram... As it says, "CAN" & "Prepared", very cleverly worded letter...

 

 

Let me ask the site team....

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

They would have to take you to court and win first.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

You say they failed to accept your standing order.

 

Can you give a bit more detail please.

 

How much was the loan?

 

When was it taken out?

 

How much, if anything, was paid?

 

How much was the SO for?

 

Do you have anything in writing about refusing the SO?

 

Oh and welcome to cag!! :-D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

" Any advice welcome. I have not sent the 3 letters, choosing to ignore all correspondence instead."

 

Dont be following any of that FOTL nonsense...send ARC a section 77 request... (template in the Library) before making any offers

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

You say they failed to accept your standing order.

 

 

Can you give a bit more detail please.

 

How much was the loan?£950

 

When was it taken out?2013

 

How much, if anything, was paid? £0

 

How much was the SO for? £90-£100pm

 

Do you have anything in writing about refusing the SO? Only chat transcripts & emails, directly from QQ

 

As above

Do you own your own house?

 

Yes

 

I made numerous offers of setting up 10 x monthly payments via SO but was refused.

 

 

Having read this and another forum of similar nature, I knew a DD option would result in numerous attempts to empty my bank account.

 

 

As my wages were still going into the account at the time, I wasn't comfortable with that.

 

" Any advice welcome. I have not sent the 3 letters, choosing to ignore all correspondence instead."

 

Dont be following any of that FOTL nonsense.

..send ARC a section 77 request...

(template in the Library) before making any offers

 

Andy

 

Couldn't find the section 77 ?!?

Link to post
Share on other sites

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

  • 8 months later...

Hi all

 

Posted previously on my predicament with QQ but need some further advise....

 

I currently have approx. £1000 of an outstanding loan with QQ.

 

This has been in default for almost two years,

as they refused to accept my offer of paying £100 per month by standing order as I refused to give them access to my account.

 

The debt keeps recording to my credit file with a default.

 

I contacted them earlier this year to complain about irresponsible lending and their response was a refusal to pay interest & charges 'at this time'.

 

I took that as an answer to my current outstanding debt and believe that I may have a better opportunity of reclaiming the money I've paid after I have settled the debt.

 

Do they have to accept my offer of setting up a standing order?

 

How do I stop them reporting to my credit file when I've made numerous offers to setup payment?

 

I'd happily pay them £100 per month to have the debt settled and gone within 11 months..

..but only via a standing order, or alternative to them having direct access to my account.

 

Thanks.

Link to post
Share on other sites

Do you have an alternative bank account you could use solely for this, you could then setup a dd with them and put your £100 a month in on the day the payment falls due

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

You don't need their permission to set up a standing order. You just do it. If they refuse to.give bank details then they are refusing to accept payment towards a debt, which is in violation of their credit licence

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • 2 months later...

i had a simular situation with quick quid

told them that i could only afford £25 per month

and gave them a cobbled together income and expenditure (made up)

and told them that i wanted their bank details so that i could set up a standing order,

told them if they didnt give it to me i would not pay anything as i take it they dont wont the money and will consider the account closed...

 

..well they agreed and was paying that then took it down to £5 pm and then £1 per month...

 

so battle down and demand dont ask tell them.

 

hope that helps

Link to post
Share on other sites

I think you do have to put the ball back in their court.

 

Formal complaint to their CEO at their Head/Registered office along the lines of..

 

Dear Sir or Madam,

 

Account references,

 

FORMAL COMPLAINT

 

I have been attempting to come to an arrangement to repay this account - you have refused to provide your bank account details in order for me to set up a standing order.

 

You have insisted that I can only enter into a payment arrangement if I set up a Direct Debit. I believe you are attempting to mislead me in this respect, which I believe is against the Debt Collection Rules set out by the Financial Conduct Authority.

 

The only assumption I can make here is that you do not wish me to repay this money, perhaps having realised that I do have a claim for irresponsible lending against you.

 

I am therefore reiterating my offer of £ ?? x over a period of ?? months by standing order to be paid on the ?? of each month.

 

I await your early acceptance of this offer.

 

If I don't hear from you by (10-14 days from date of letter) then I will escalate my complaint to the Ombudsman.

 

Yours etc.

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

Link to post
Share on other sites

  • 2 years later...

Hello all

 

This is the last PDL left for me to sort.

 

I sent an IR claim to QQ at the end of November.

 

They didn't acknowledge receipt or offer any response with regards to the claim.

 

A week before Christmas I received a notice of debt sale from QQ, informing me that the debt has been legally sold to Motormile Finance.

 

Looking for advice on best course of action.

 

I have never contacted FOS before, so could do with some instruction if this is the action to take.

 

Hoping to sort this and put the whole PDL nightmare behind me.

 

Thanks again.

 

Ironically, I have just received a notice of assignment from MM

Link to post
Share on other sites

Did you get 'proof of posting' or have any proof you sent QQ an IR complaint?

 

As for MM, if they rattle your cage, you can inform them that they won't get a single penny out of you as they've bought a lemon and QQ have failed to answer your IR complaint.

No further correspondence will be entered into.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

3 threads merged on same debt for history

 

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

Thanks, dx.

 

Tried to reply earlier to Bazooka but it wouldn't let me.

 

I sent the IR claim via email. I sent a similar email in 2015 and that never got a response either. I think the 2015 email went to customer services but the most recent one was sent to escalations.

 

I'm surprised I never received a response from QQ as the previous PDL companies were quick to respond to the same email and resolved the problem efficiently.

Link to post
Share on other sites

STOP USING EMAIL!!

write

1st class post with free proof of posting from the PO counter

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

  • 2 weeks later...

We recently sent you a communication regarding the above account(s).

 

Please note as the legal owner of your account(s) it is our intention to register your account(s) as in default with Credit Reference Agencies, which may make it harder for you to obtain mortgages, personal loans or other types of credit.

This information will remain on your credit file for 6 years.

 

Part of an email I received today. They can't do this, can they?

 

Should I continue to ignore them while I battle out the IR claim with QQ, or.....?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...