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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • 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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    • 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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Safeloans - Successful Set asside


neil6534
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I raised a complaint with safeloans

- directly with them

- re irrisponsible lending

 

- I only had one loan with them way back in 2012

- but defaulted

- didnt respond to their letters and eventually got a ccj

 

- but after writing an email complaint to them which was responded to very quickly

and they agreed to get the ccj set aside

 

- I have spoken to northampton bulk centre who have confirmed this

- yipeee!!!

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And just like that you got a CCJ set aside? Damn Neil... YOu are having some success... :)

HAve you checked your CRAs and Trustonline?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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yep just like that - I can't believe how easy it was to get them to agree to my complaint and request for removal of the ccj - It was only confirmed on the 9th feb so have to wait 28 days for its removal from my credit files - confirmed over the phone this morning with the bulk centre

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For anyone else out there who took out a PDL with Safeloans and had a ccj through them

 

- it may also be worthwhile you pursuing the same course of action with them

 

- the reson why

- this is a statement in their reply to my complaint -

 

"Since the time in question we have migrated twice out of previous Customer Relationship Management systems to our current operating system.

 

We have also moved offices in February 2013

 

and we have since closed our lending business on the 01.05.2015.

 

Therefore we do not have all the data available on historic settled accounts".

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DPA Means should have to keep a copy of the info for 6 years minimum as required.

 

 

Interesting, but you got a helluva result fella. Well done!

 

Ill have a Kopparberg for you tonight! :)

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 11 months later...

Hi the email address I used was [email protected]

 

 

To whom it may concern,

 

My Safeloans ref = XXXXXX

 

The complaint read as follows;

 

PLEASE ENSURE ALL CORRESPONDENCE TO THIS COMPLAINT ARE SENT VIA EMAIL TO ENABLE A FASTER RESOLUTION

 

I am writing to complain about a loan provided by Safeloans which was defaulted by me and subsequently a CCJ issued in August 2012.

 

My complaint is that should Safeloans Ltd have carried out affordability checks and even basic credit reference checks that this loan would not or should not have been approved. As at the time the loan was provided it would have been clear on any credit reference check that I had previously taken out payday loans with various lenders, was currently in debt with other payday lenders and any credit reference check would have also shown defaults with other lenders. All the information available on my credit file would have shown that I was reliant on payday lenders and therefore a risk.

 

Therefore the loan should not have been provided and as such if it had not been provided then I would not have placed myself in a situation where a ccj could be raised against me.

 

I hereby request that you remove all references to any loan, default or ccj for Safeloans Ltd from my credit files.

 

I understand that you are entitled to 8wee

To whom it may concern,

 

My Safeloans ref = 8wks or 56 days to respond to my complaint, but I do ask that you respond sooner so as not to lengthen the time to resolution.

 

Many thanks

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Thank you for that Neil,

I have just had a reply from them, and they are going to investigate my case, how long did you wait between sending the initial email and hearing their decision ?

 

I have also used your template letter for a couple of other payday loans,

 

I will keep you posted,

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