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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Robinson Way Claim Form...old tesco loan


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Many debts dealt with on this forum thank you.

 

I had a claim form from the court with a £6k debt from Tesco/Robinson Way.

 

I filled in the I/E form and sent it back recorded delivery.

 

Just had a letter from the court saying I never responded and I must pay the £6k.

 

I have looked at the tracking information from when it was posted over 3 weeks ago and it still says its on it way!

I also took a photo of the form before sending.

 

What do you suggest?

I did everything in the timescale but the Royal Mail has failed me.

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If you have received a judgement from the courts you have 3 choices.

 

Ignore it - wouldnt advise this as the claimant can appoint bailiffs to collect it and the ccj will be on your credit file for 6 years.

 

Pay it - wouldnt necessarily advise this if you dont think you owe the claimant the money, or if you do you can apply for a variation of the judgement to pay over time

 

Challenge it

- if you dont believe you owe it or you think you werent given the opportunity to defend the claim

then this is what you should be doing.

 

 

Apply for a set aside with form N244,

the fee is £255 and is generally unrecoverable.

The only exception to this is if you qualify for a fee remission, google EX160a to find out.

 

 

Setting aside puts the case back to the beginning and you can defend it in full but you will need a good reason for this

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If robbers way are involved, then the debt is bad. Prob full of penalty charges or even no paperwork

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you completed the I&E that is an admittance anyway (unless you only part admitted)...so even if they did get it you would still have a CCJ.

 

If you want to request a monthly payment plan...submit an N245 and proposed monthly payment.....fee is £50ish

 

Regards

 

Andy

We could do with some help from you.

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Sorry guys, been away with work. I did admit and filled in a I&E form which was sent off in time. As its the Royal Mails fault and I have tracking to prove it do I still have to pay the £50?

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As Andyorch post above then

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Unless you qualify for fee remission then you will have to pay the fee to vary the order

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You could attach a copy of the N9a and a copy of your proof of postage and delivery and ask why was it not considered and resulting in a forthwith judgment and therefore requiring you to make application to vary and incur further costs ?

We could do with some help from you.

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  • 1 year later...

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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so you 've moved and never updated your creditor

hence you've a backdoor CCJ now a judgement for claimant

 

if you don't have the CCJ number

go look on your credit file for it

and give northants bulk a ring tomorrow

and ask for a copy of the CCJ & the Claimform by email PDF

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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oh this could be fun then.

 

bottom of post 3 first

though expect difficulties getting to a human as its always busy Mondays for them.

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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you can email but i'd keep trying the phone tomorrow

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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it seems an oddish one; it refers to a default judgment amount last year July that has just now been varied to a lower amount.

do you happen to recall any claims around june last year.

anyway, the court will give you a copy in due course.

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Ford you are a genius, I didnt notice that.

 

I have found all the paperwork from last year,

 

I have a variation order of £35 a month and

 

I have also logged into my account.

 

I have attached everything for you guys to look at.

 

Whats it all about?

 

You can see they have credited the account over the last few months.

The rest...

docs1.pdf

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i thought it might be the tesco one,

after seeing you're other thread re your debts and tesco being around that.

 

the original 6k being incorrect,

re the incorrect interest (ie n/a),

and so now reduced to the 4.5k

 

but, they seem to be saying it is still forthwith?

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urm that's odd

how did they claim £1400! interest

 

when did you take this Tesco loan out?

why did Tesco sell it on..urm..

 

something smells here...

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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old and new threads merged

so you did know a bout it

and you filed the N9.

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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It threw me because I didn't notice the date and couldn't remember anything to do with Hoist, I pay Robinson Way.

 

I did file the N9 and then received the variation last year which I have paid since. The loan was taken out about 12 years ago I think and was paid up until 4 years ago. Was sold on about 2 years ago I think.

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have you all the statements?

I'm a bit puzzled on how the interest claimed in so high?

 

when did you stop paying Tesco's do you remember?

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... 

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