Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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

Library charges - Threatened with DCA/Legal


collateral
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3284 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

Hi everyone (not sure if this is the right place to post),

 

my son graduated university last year,

after graduation, he had a placement for which he was still able to take out books from the library.

 

He didnt hand them in on time and now Ive got the university sending charge statements to me.

 

My son doesnt live with me anymore,

and he told me that he emailed this to the university (he was abroad),

he also told me that he recently returned the books,

yet I still receive these statements.

 

I have a few questions now:

1) Can the university and the DCA (if they bring one in) take stuff from me

2) Will the uni waive his charges since he returned the books

3) Do the uni's bring in DCAs (he tells me he ignored the first few statements - he thought they would go away)

 

Thanks

Link to post
Share on other sites

woe horsey

 

DCA's are not BAILIFFS

they have NO LEGAL POWERS

 

ignore them.

 

the uni have the books

 

end of.

 

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

nope

 

ignore them totally

 

you'll get all manner of scary letters

 

all saying

 

every word but WILL

 

read the letters carefully

 

they are cleverly worded,

 

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

  • 1 year later...

I'm at a loss as yo why they're contacting you.

 

You have never had a contract with the uni library so they can't successfully sue you and they've been told your son No longer lives at the family home. You didn't answer my question. Are the DCA/library threatening you personally? If so, despite their lack of real powers, they shouldn't be doing this. Tell them to jog on.

 

Don't want to sound harsh, but your sons a grown up, help him by all means but at the end of the day he should be trying to sort this out. I'm trying to help one of my off spring with various problems, but I'm only doing it as a 3rd party and you should do the same.

Link to post
Share on other sites

I'm at a loss as yo why they're contacting you.

 

You have never had a contract with the uni library so they can't successfully sue you and they've been told your son No longer lives at the family home. You didn't answer my question. Are the DCA/library threatening you personally? If so, despite their lack of real powers, they shouldn't be doing this. Tell them to jog on.

 

Don't want to sound harsh, but your sons a grown up, help him by all means but at the end of the day he should be trying to sort this out. I'm trying to help one of my off spring with various problems, but I'm only doing it as a 3rd party and you should do the same.

 

 

Hey Goodatresearch - the thread was started by a parent being pursued over a childs debt. I'm the actual borrower in this instance. Sorry for the confusion.

Link to post
Share on other sites

Hey Goodatresearch - the thread was started by a parent being pursued over a childs debt. I'm the actual borrower in this instance. Sorry for the confusion.

 

That's OK.

 

This could be an admin error on their behalf. Have you thought of doing a SAR?

 

I say this because I was once told by a catalogue company that I had not made a return. After many weeks of trying to speak to someone who would investigate properly, finally someone advised that returns were logged onto 2 databases and one of these databases confirmed the return.

 

I have no idea how your library works, but as said it could be a similar problem and they just haven't checked properly.

Link to post
Share on other sites

That's OK.

 

This could be an admin error on their behalf. Have you thought of doing a SAR?

 

I say this because I was once told by a catalogue company that I had not made a return. After many weeks of trying to speak to someone who would investigate properly, finally someone advised that returns were logged onto 2 databases and one of these databases confirmed the return.

 

I have no idea how your library works, but as said it could be a similar problem and they just haven't checked properly.

 

Good thinking, sounds like a good route to go down - they have emailed me screenshots of their systems but presumably an SAR will have something more formalised as a form of output.

Link to post
Share on other sites

  • 7 months later...

I just got a Dunning letter from my university regarding this and I have seen a few email invoices in my spam folder now.

 

I graduated in 2012 and returned the books in April 2013 - about 5 months late.

 

 

The only reason I was able to do this was because I had a placement after my graduation.

 

Usually I would've have renewed the books online but my account was revoked so I didn't receive any notifications

via email (all correspondence with my uni was via the uni email).

 

 

I emailed the university to tell them I could not return ASAP because lack of transport but I got an ambiguous reply that

"I could return the books but this is not right".

 

 

Luckily I have kept the receipt of my return but atm I don't know where I stand.

 

 

I want to contact them but I'm afraid they will refuse and just keep asking for the money.

 

 

I am willing to pay the late fines but I think they are being unfair with the amount they want now - it currently stands at £177.

Link to post
Share on other sites

its a money making exercise ignore them all of you

 

 

re read this thread from post 1

 

 

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...