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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • 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    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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.

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RBS are closing your card account down

if you bank with them or anyone in their group

then they can take the funds without any need to inform you

 

 

so the bottom line is...do you have any other accounts?

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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One of the negative's with having more than one account with the same Banking group.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Gawd blimey your arrears are for £141.74 & they really going to terminate your account on that basis!!

 

Have you another account you can move your savings too? If not, then go open one & put your savings in there...

 

If this were me, that is what I would do whilst sorting out the issue with the RBS.

 

Hope you manage to get this sorted out!

I don't suffer from insanity, I enjoy every single minute of it!!

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Yes, there is a right of set off.

 

Although I expect they would never admit it, I also think that there is a duty of set off. If you have two accounts and one is in credit and one exceeds its overdraft, the bank will normally simply apply excessive charges to the overdrawn account without troubling to use credit in the other account to make up the shortfall.

 

This allows the bank to milk you for excessive charges and inflated interest by increasing your level of overdraft on the exceeded account.

 

I have always believed that if you have rights then they are accompanied by duties. I have always believed that if you have an account which passes overdraft limit then the bank has a duty to make up the shortfall from your account in credit rather than to push you even more over the edge. Of course, this is disadvantageous to the bank because they make less profit.

 

I'm convinced that if somebody troubled to bring an action under BCOBS on this that they would win easily. Under BCOBS the banks are obliged to have regard to the customers interests when making any decisions. It is clearly in the customers interest to take action to reduce their exposure to excessive charges. It is clearly in the banks interests simply to keep on penalising your overdrawn account.

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The bank refused to lower my monthly payments from £50 to £20. They also have refused to send me the original contract (not agreement) also refused to send me a deed of assignment and a bill of payments. They have also harassed me by calling my home phone number and sending threatening letters to a man diagnosed with anxiety.

 

They don't care about your interests really anyone who believes that is brainwashed. All banks and debt collection agencies are insured against losses. In fact they make profits from your loss they sell your debt on and get a fee then they claim back from a insurance company on outstanding amount. They do pay a fee to these insurance companies however its peanuts for them.

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Youll never get a deed of assignment. Its private business information. I think youve been reading info from a FOTL site.

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

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get an sar running to them.

 

 

dx

  • Confused 1

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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The bank refused to lower my monthly payments from £50 to £20
they are supposed to take into account any financial difficulties. as bankfodder mentioned re bcobs/conc.

a sum of

https://www.lendingstandardsboard.org.uk/wp-content/uploads/2016/09/lsb-information-for-practitioners-financial-difficulty.pdf

 

is the matter re the rep of ireland.

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what could a SAR do?

 

 

arm you with everything you might need to counter anything nasty that might happen

 

 

stay off those fmotl sites bh.

they'll do you no good and only you make you look a fool in their eyes thinking you are a pushover freeman of the land.

 

 

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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I asked for an original credit card agreement from my creditors

only 1 company responded,

which looked like a photocopy which someone in their bedroom and cheap printer has made up.

 

Question is

when you sign up for credit is their a proper credit agreement like an original not photocopy which is signed in ink?

 

For example

company when providing ID and proof of address don't accept photocopies and some ask it to be certified by a solicitor

is it the same concept that these banks should be adhering to?

 

Also,

if they fail to provide you with a credit agreement when asked or even advise you on how to obtain one or sent any request forms is your debt still enforceable by courts?

 

 

I would imagine the judge would rule well you didn't provide a credit card agreement which he/she wanted therefor dismissed?

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Depends when you 'signed' up

Many agreements from about 2004 fwd

Were done online by tickbox.

 

List your debts

And whom you sent the CCA too?

 

And when you took them out

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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Some misconceptions here, "signed in ink?", have you been reading some Freeman of the Land twaddle about wet ink signatures? Hopefully not, you will come unstuck very quickly.

 

Not producing a valid enforceable credit agreement dies nit give you automatic pass to "case dismissed"

 

As advised by dx, can you list the five creditors please?

 

We cant even begin to help if theres no info to work with.

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as with your RBS thread

you are sadly following FOMTL info...bad idea

 

 

these account are post apr 2007

so a reconstructed agreement could suffice a CCA return

and could well be enforceable in court

 

 

if the debt are still with the original creditors

then I question the need for a CCA request

and stopping payments

 

 

if the debts are now sold to and you are paying a DCA

then there might be some worth in a CCA request.

 

 

be careful here

 

 

can you list your debts.

 

 

type of credit

original creditor

when you took it out

how much is owed now

who you are paying now.

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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  • 2 weeks later...

Hi,

 

If for example a bank pass/sell on a debt to a debt collection agency there has to be some sort of paperwork for this to go through? Can we ask for this transfer of ownership of the debt through the courts and if they don't come up with the documentation isn't that illegal?

 

Thanks.

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there is a big difference between passing a debt on for collection to a DCA

and

selling a debt on to a DCA.

 

 

the latter would need notice of assignment from both the OC & the Debt buyer to be sent

the latter needs none.

 

 

'you' cant take anyone to court for failing to prove NOA

 

 

but it would be a very big negative for the debt buyer

if they have taken you to court

and they fail to prove assignment from the OC.

 

 

but in all actuality that's very rare

 

 

more info please.....

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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Hi,

 

I sent letters to Tesco Bank asking for debt validation, deed of assignment, proof of contract they have eventually after 4 months passed onto Moorcroft sent them letter 1 got this response?

 

Questions I have is

 

We received the instructions in good faith from the client/data controller - What document do they require to show the courts they are the data controller is this the deed of assignment?

 

Original contract with our client? I thought it was an agreement? could I state i requested a contract not an agreement in court they failed to supply correct document?

 

Protection from harassment act 1 (3) © what is this?

 

Statements during the lifetime of the account? Does that qualify as a bill credits and debits and adjustments of account?

 

Passing on account to other DCA's? If they do do they need to supply proof to the court they sold this debt on to someone else?

 

Thanks.

Moorcroft 2.jpg

Moorcroft 1.jpg

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DEED letter1

?

what did you send them..not a load of FMOTL letters I hope?

 

 

Moorcroft don't buy debts

they operate for clients

so they are safe to totally 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... 

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That response looks like a response to FMOTL garbage.

 

Deed of assignment you won't get, did you mean notice of assignment?

 

What agreement is it you are after? Bank account? Credit card?

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!

 

 

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You sent them a fee schedule? DoA?

 

Think you have definitely been reading the wrong sites.

 

CCA request is all that is needed. Don't bother with trying to be clever - you will just be laughed at....ultimately by a Judge!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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And if you go in front of a judge saying all the same stuff as in the op you WILL lose.

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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