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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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      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.  

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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.
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      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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Want to complain for Irresponsible lending - Need advice **WON**


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id personally given the adjudicator another bit of time - in my cases, I have had 3 cases where the adjudicator has changed their mind after deciding against me. There is no just way I cannot see you not winning this case though given the long term nature of the lending

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- in my cases, I have had 3 cases where the adjudicator has changed their mind after deciding against me.

how, with new evidence or going through things again, or...

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Hi guys,

 

The adjudicator is currently reassessing his decision... Hopefully my email hasn't upset him too much. I was very respectful and thanked him for his time looking at things so not to appear as though I was dismissive. I'm more than happy to wait and see what he says, I just hope the extra information I've given helps but if not I'll have to go to ombudsman... But I'll let you know before I do anything. I'm just hoping that he sees things from my perspective... I'm not trying to rip anyone off but to use the fact that I always paid on time as a reason to state that QQ didn't know I was financially struggling is a bit off side I think.

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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in one case, I submitted new/additional evidence (although I suspect this just gave them an excuse to right a decision they knew was wrong). In another case, I basically just kept asking the adjudicator to keep looking at points she appeared not to have missed or not referenced in the decision she made ( I believe she just took a lazy approach). I n the third case with Wonga, I got lucky as they did not adhere to the original adjudication decision in the agreed timescale which allowed me to argue that I only took a deal with them because they said they would settle quickly, when they didn't, I got the case re-opened

 

 

....this was in three cases out of around 11 I had lodged with FOS - the rest I all won....

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cheers for that info. well done on the wins.

keep at it then multay. dont worry about 'upsetting' the fos, they are supposed to be objective...! :)

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  • 3 weeks later...
  • 3 weeks later...

Hi Guys,

 

A small update.

 

The adjudicator did indeed change his mind and agreed with me. He knocked off a couple of the initial loans which I think is in line with current guidelines about no more than three rollovers.

So the amount he proposed to QQ was quite significant.

They have now come back again and made an offer - A very small one ignoring the proposal made by the adjudicator - Which I have rejected.

I've written to the adjudicator and explained my current financial situation and that I think QQ are simply attempting to employ delaying tactics in the hope that I give up out of desperation. They have ignored his findings even though I was prepared to compromise. I've asked what the next step is but think it will probably be the Ombudsman now, this has dragged on for 6 months with QQ delaying at every turn...

 

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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The adjudicator did indeed change his mind and agreed with me
good.

has qq formally rejected the adj decision?

 

if you agree with the adj decision, then you shldnt need to escalate it.

afaik, qq shld either accept the adj decision, or if not then escalate it themselves?

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good.

has qq formally rejected the adj decision?

 

if you agree with the adj decision, then you shldnt need to escalate it.

afaik, qq shld either accept the adj decision, or if not then escalate it themselves?

 

Hi, I don't totally agree with him. I think they should refund everything but the totals aren't massively different. I don't know if it's a formal rejection, more of an offer that suits them.

Adjudicator is putting the original offer to them again with a short reply period and if they still don't accept, it will go to the ombudsman.

 

Thanks

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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Adjudicator is putting the original offer to them again with a short reply period and if they still don't accept, it will go to the Ombudsmanlink3.gif.

ok. seems then that if qq then dont accept the adj decision, they will have to formally reject it and so escalate it to an ombuds.

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  • 1 month later...

Hi,

 

Quick update.

 

Adjudicator went back to them after I refused their second offer.

 

 

They then came back to me with a significant increase and an admission that

"some loans may have been irresponsibly lent".

 

 

It's nowhere close to the amount I think I'm entitled to so I rejected and it is now with the Ombudsman

- It's a big gamble on my part but I don't see why they should be allowed to flout the rules

and get away with it.

 

 

QQ have stalled, delayed and refused to provide info time and time again in the hope I will settle

but I'm sticking with it despite the distress this is causing me.

 

 

I'm hoping to get a decision this week and fingers crossed it will go in my favour,

if not I'm not sure what else I can do...

 

 

Thanks,

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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  • 9 months later...

Update..

. it didn't go to the ombudsman in the end.

 

The adjudicator revised his proposal further and I got close to the amount I initially calculated.

 

A significant payout from them that more than covered the interest I paid but possibly not the 8% interest on top.

 

I was pretty happy with the outcome,

 

so give it a try and don't be put off by the hurdles..

 

. if they didn't try to profiteer in the first place,

there would nothing to claim back!!!

Thanks for your help everyone... M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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good result then

glad to help

 

 

don't forget to help us help everyone too.

 

 

 

 

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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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