Jump to content


  • Tweets

  • Posts

    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • 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

Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***


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

Thread Locked

because no one has posted on it for the last 1666 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

automated letters ignore.

 

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

  • Replies 1.7k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Quarterly statment recieved today

 

On the first page arrears balance 537.81 61.60 less than what came out yesterday dated 2 days before this one.

 

But they are claiming on this that Nov,dec,jan were missed at 231. Which doesn’t add up considering Nov payment was supposed to be only 74.83 😂

Prime 15th Jan 19.pdf

Link to post
Share on other sites

sorry not had much time

i'll try over the W/End.

 

one point on whatever letter.

it should be headed, I do not acknowledge any debt to you or your agents.

 

 

I don't think we can link the two halves...old charges etc not subject to this later half of loans can't be be used, sadly I cant see anyone agreeing that because welcome owed you more at the point of the 2nd half, than what the 2nd loan was for, they should not have loaned to you = IRL.

 

however, my thoughts are still very much with IRL playing the major part here, whichever way you switch it out, the 2nd series of loans WAS very irresponsible lending by welcome.

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

DMS Debt collectors are out. Haven’t been to mine went to ex’s on mon now I’ve just been given letter.

 

I think it’s time for a letter now as they already know damn well where I live so why send them to other adresss? Still no response to Nov letter. Cheek of these is unreal.

 

Excel started this time last year too. And although these are 2 different company’s with 2 different adressses the agents name and contact no is same on DMS as excels.

 

Prime have also written again 7 days after last one. Now things are starting to follow the same pattern as this time last year..

 

What route do I go now now?

 

And also they clearly say on debt collection letter Lender is Prime Credit 5 .

 

It’s Alpha credit solutions 4 sarl named on the LR title deeds.

Alpha 22nd Jan 19.pdf

DMS 20th Jan 19.pdf

Link to post
Share on other sites

haha powerless debt collector

that's interesting that means that they don't think they have a strong enough case to goto court again..

urm...

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

oh and they cant charge a bean..to your account either

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

What do I do?? You said this jan 2017 and within 2 months court was issued

 

 

one point on whatever letter.

it should be headed, I do not acknowledge any debt to you or your agents

 

How can I write this with the 2 year saga that’s been going on?

 

You have recently tried to contact me regarding the account with the above reference number which you claim is owed by myself. Using DMS Debt Management Services Limited. At an old address of xxxxxxxx which you are fully aware that I have not lived at since Jan 2014.

 

I have no knowledge of any such debt being owed to Prime Credit 5.

 

I have familiarised myself with the Financial Conduct Authority (FCA) consumer credit sourcebook which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question..

 

I politely request you only contact me at the correspondence address you already have on file for me. Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

 

Taking the above into account I would also like to bring to your attention my last letter dated 8/11/18. Which you have failed to respond to. This is yet another letter added to a long list which you are failing to address my issues or even provide some clarity on the situation. For ref after the last court hearing these letters are dated 19/07/, 05/09 and 10/10/2018.

 

 

Should it be your intention to arrange a doorstep visit, please be advised that according to the Financial Conduct Authority's consumer credit sourcebook it is an unfair and improper business practice to make such threats.

 

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Edited by dx100uk
merge
Link to post
Share on other sites

dump the last 2 sentences of your letter , don't play freeman of the land with them.

 

however I would add that ……

 

you do not require any financial advise and do not consent to any charges of any amount in relation to the advisors visit whether made or not.

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

yes keep the dispute line running..

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

Letter sent to debt collectors informing them that both them and their clients prime know where I live. So any contact to be made at correct address.

 

2 letters off to prime.

 

1 dispute letter re debt collectors and another about their failure to respond to my letters and just once again outlining their balance is still incorrect after they removed the ppi credit.

 

As there’s further Ppi in this loan and due to dispute and unfair relationship which has resulted in balance and that there are more fees and interest that need removing too.

 

I’ve also made a point of saying that their monthly repayments are wrong as these take into accoubt interest and ppi.

 

Once everything is removed the outstanding balance if any should be divided by the months remaining of the term.

 

No second guesses to what their response will be. Zilch as per...

 

But give it 6 weeks and I’m putting money on they issue court mid March!!!

Link to post
Share on other sites

dump the last 2 sentences of your letter , don't play freeman of the land with them.

 

however I would add that ……

 

you do not require any financial advise and do not consent to any charges of any amount in relation to the advisors visit whether made or not.

 

That letter with the last 2 lines I had off here https://www.consumeractiongroup.co.uk/forum/showthread.php?387366-Harassment-amp-Threat-of-Doorstep-Visit-**Update-21st-April-2014**&p=4384084#post4384084

 

i didn’t put them in though

Link to post
Share on other sites

  • 2 weeks later...

At last a reply off this bunch.

 

They ain’t got any idea what they are saying or doing.

 

They reckon I emailed them on the 6th Feb I have never contacted them this way. However they signed for my last letter on the 31st jan according to track and trace.

 

Laughable they really are.... The plot thickens 😂😂

D010A773-C7BB-4D36-9D57-3CA9CA6F6739.jpeg

Link to post
Share on other sites

  • 3 weeks later...

Had a usual monthly letter. Wording is very different to others... having a problem uploading docs. 

Getting this message  You have used 116.36 MB of your 48.83 MB attachment limit.

cant find where to delete anything or upload new stuff no got to advanced anymore??? 
  

 

 

Link to post
Share on other sites

Click your name  top right...drop down.....My Attachments

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

48Mb..you.ll be well over that.yours needs to be upped for you

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

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

just a std letter really cruz

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

std pc autogenerated CRAP IN THE WORDS OF JUST ABOUT EVERYOTHER lIKE LETTER FROM OTHER DCA'S/CREDITORs.

FACT IS 

THEY DONT KNOW WHAT THEY ARE DOING

SIMPLY FOLLOWING what they've read on the internet 

sri caps

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

  • 4 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...