Jump to content


  • Tweets

  • Posts

    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
  • 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

Sunny/MMF


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2250 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 all,

Starting to see the light at the end of the tunnel...

 

I'm going through all my correspondence from a particularly dark time of life, with the intention of sticking it to various lenders, one of which - Sunny - has assigned the debt to MMF.

 

I am no longer able to access my account information via Sunny's website so need to submit a SAR.

 

should the SAR go to the original creditor, or the DCA?

 

(I'm thinking either will lead me a merry dance,

but if I can state my legal position with confidence

I won't let them waste my time fobbing me off...)

 

Thanks in advance!

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

SAR always goes to the original creditor.

 

CCA to the DCA

 

What are you attempting to achieve here other than "sticking it to em"

 

Some info re the loan would be useful aswell

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

SAR always goes to the original creditor.

 

Great, thanks.

 

What are you attempting to achieve here other than "sticking it to em"

 

Some info re the loan would be useful aswell

 

Well, quite!

 

I've reconstructed the following from emails:

 

26/08/13: 500 loan taken out

 

30/09/13: 148.07 repaid (78.08 principal, 69.99 interest)

 

thereafter: "your new sunny.co.uk statement is available" (to which I no longer have access)

 

31/01/14: repayment of £347.96 declined (principal/interest split - no idea, but as they "also made a repayment request for your minimum payment of £168.29, which has been declined too" I'd guess 179.67 princupal/168.29 interest)

 

03/03/14: Sunny email - outstanding amount 336.58

 

03/04/14: Sunny email - outstanding amount 504.87

 

17/09/14: Sunny email - notice of arrears 336.58

 

06/03/15: MMF email - "original outstanding balance 868.92, current balance 868.92"

 

although as the MMF correspondence lists the original creditor first as Mr Lender, then as Elevate Credit International Limited T/A Sunny.co.uk (in the same email) I'm struggling to relate their figures to my Sunny account.

 

As far as "sticking it" to them goes, I'd like the interest + charges + 8%, plus CRA data wiped.

 

I explained to one company that I was struggling financially as my stepson had recently taken his own life. Their response was "and can you make a payment today?"

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

so send the sar and cca and see what comes back.

 

The sar will require a £10 postal order and the cca will require a £1 postal order.

 

The sar has to be complied with in 40+2 days and the cca 12+2

 

Once you have the info, come back and we'll see where to go from there.

 

if you need any more help in the meantime, pop back on to the thread, theres always someone around to help.

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

Many thanks, will do.

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

I've moved you to the MMF forum.

 

if you read a few threads here

you'll come to the conclusion i'm sure

that since MMF got castigated by the authorities

they like any DCA are now pretty much powerless

they are NOT A BAILIFF.

 

 

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.

 

I've been on the wrong end of bailiffs too.

 

I'm not even remotely concerned or intimidated by MMF.

 

They have phoned or emailed me several times a day for several years.

 

I just want the facts so I can do to these predators what they've done to me. :-)

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

They have phoned or emailed me several times a day for several years.

 

That in itself is a criminal offence and should be met with some very strongly worded complaints, and most certainly Ofcom needs to know.

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

  • 1 year later...

It's been a while!...

 

I sent a complaint to Sunny/1MonthLoan on 29th September demanding repayment of £653.10 interest plus 8%, and removal of all adverse data from my credit file.

 

Reply received today.

 

"I write further to our email dated 6 October 2017, thank you for your patience whilst I have been investigating your complaint.

 

My understanding of your complaint is that you do not feel sufficient affordability checks were undertaken prior to the opening of your account. Furthermore, you feel that had a full and proper assessment of your financial standing been completed, the application would have been declined. Please let me know if I have missed any points or misunderstood anything.

 

To investigate your complaint I have reviewed the account opening procedures in place at the time. Having done so, I am able to inform you that we conducted creditworthiness checks, we assessed your ability to afford the repayments which would fall due under the proposed agreement and we considered how you were managing other debts at that time. Based upon these checks it was considered responsible to advance credit to you. It does however appear that the product may not have been suitable for your needs, namely longer term borrowing. Please note that we clearly state in our adequate explanations that our product is not suitable for borrowing over long periods as it is expensive if so used.

 

Bearing in mind the above, I am unable to uphold your complaint, as we believe that the aforementioned checks were proportionate and responsible. Initial assessment of your application accounted for some of the adverse information held at the credit reference agencies and as a consequence you were offered a small amount of credit relative to your stated income. As a gesture of goodwill, we will repay the difference between what you borrowed (£450) and what you repaid (£1103.10) which is £653.10 and will refund this to your chosen bank account. Please can I ask that you provide me with your account number and sort code so I can arrange for the refund to be processed. Once we have received these details, we will be able to transfer the funds within five days.

 

I appreciate my response may come as a disappointment to you, however I hope that, on balance, you understand the reasoning behind my decision. Should you remain unhappy, you have the right to refer your complaint to the Financial Ombudsman Service" etc...

 

No mention of adverse data removal.

 

Should I take it straight to the FOS, or attempt to negotiate?

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

Fos

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

Something struck me as "not quite right" about their response.

 

I've looked into it, and they have only dealt with my borrowing history with 1MonthLoan from May 2012 to end of July 2013.

 

1MonthLoan then became Sunny.

 

I borrowed from Sunny from August 2013.

 

I specifically referenced both trading styles in my complaint, and the "Sunny phase" is the one in which I came seriously unravelled and ended up with a default.

 

I don't think they've even looked at it!

 

So, as a "Final Response", it's not even complete, is it? :roll:

 

P.S. Their offer, therefore, only relates to 1MonthLoan (for which I have no adverse credit history). I'm thinking on the lines of separating the two, taking the 1MonthLoan offer, and going after Sunny as a separate complaint. Does that make sense??

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

Why not open up a discussion with them to say I will accept providing you remove all info from my CRA. Get a refund and removal from your CRA on a permanent basis.

I think thats a fair compromise - But then again the FOS are siding a lot more with consumers these days.

 

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

I actually read those this morning, and I pointed out to them the gaps in their final response (in terms of both logic and content!) three days ago - yet to receive a reply though.

 

I'm going to take this to the FOS

- I assume I can call them off if 1MonthLoan/Sunny provide a favourable response in the meantime?

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

They've apologised for not including the Sunny loans in their original response and have agreed to wipe the data. Just going to remind them that they haven't offered to repay the interest from the Sunny loans, yet... :wink:

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

  • 1 month later...

Received a funny little email from MMF yesterday demanding payment of £868.92 on behalf of Sunny

(written off, refunded, and data removed)

and £576.01 on behalf of Pounds to Pocket

(which they must have assigned after I referred it to the FOS, where it is still being reviewed).

 

Oh, and £875 on behalf of Mr Lender.

I haven't complained to them yet.

Thanks for the reminder MMF, I'll get on to that now.

 

They are funny, aren't they?

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

Received a funny little email from MMF yesterday demanding payment of.......

 

Block their silly emails, and put them straight in the junk folder, I wouldn't ever act on an email, if they wish to say something then they can commit it in writing.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...