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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      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.  

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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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DMP with Fee Paying Gregory Pennington DMC, - looking for alternative.


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Hi all, I came across this site googling a company called asset link capital 5, they have taken over my Barclay cc debt and I wasn't sure if it was a [problem] or not. I've read through a lot of posts and I'm intrigued and excited about the potential.

 

Currently I am paying Gregory Pennington £183 per month(£38.50 in fees) £144.50 split between 3 creditors for the following amounts. The Dmp started mid 2014

 

Barclaycard Services £6,744.23

 

PRA Group (UK) Limited - Bromley £7,174.96

 

SCL Collections £4,413.73

 

I've just had a letter from ALC5 saying they have appointed link financial outsourcing to service my account, it had an accompanying Barclay letter of confirmation.

 

My main question was around servicing the debt myself thus saving on the fees.

 

From reading other posts I can see there is a process first regarding sending CCA and SAR.

I'm not exactly sure what these are,

 

I get the main gist that I'm trying to establish whether the debt is enforceable or not.

 

I'm unsure of the process.

 

Do I stop paying the DMC immediately and inform them I'm sorting myself?

 

And is it the DMC I send the CCA/SAR too or the original creditors?

 

Also the ALC5 letter, does this mean Barclay have sold my debt to them?

 

Sorry for so many questions in my first post.

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Hi and welcome to CAG

 

A DIY DMP is quite easy to do so long as you are strict enough with yourself. There are also free DMP providers out there if you can't deal with it yourself.

 

All Gregory Pennington did was to write to your creditors with a pro rata offer based on your income and expenditure. They then set up the payments for you. This can easily be done by yourself.

A lot of financial companies do not like working with fee charging companies and would prefer to deal with either a free one or you directly.

 

It looks like from what you say about Link is that they are acting for Sharklays and haven't bought the debt.

 

A CCA request is only useful for debts that are pre 2007 as if a creditor started court action they would have to produce the original. After that time, they don't need one to prove you had benefit of the funds. Getting an agreement is useful nontheless.

The SAR is to get a full account of what has been added in fees and charges which may be reclaimed (if unlawful) It should also show what action has been taken on the account since it's inception.

 

There is also another benefit of doing it yourself. If you are able to save some money, you can offer Full and Final Settlements but if you choose that route there are steps you need to take prior to doing so.

 

In our library are some forms you can use for the CCA request, SAR and income and expenditure forms.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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oh god yes

please dump the greedy penny's

sadly you'll find most of your payment goes to their fees and the secret F&F pot they hide anyway.

 

sar to the greedy pennys might not be a bad idea too.

 

how long have you been with them ?

 

and yes just stop paying the greedy pennys.

 

then sit back and wait

 

THEN as each of the other fleecers write to you waving their arms around that you've removed yourself from the cash cowing milking parlour

 

poss then send them a CCA request. but check with us first

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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Sar to gp now

Before stuff hits the shredders

 

The rest can wait

Just come back here when they start to send the first through your door

And no talking to fleecers on the phone

 

Who are scl?

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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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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no

what does scl stand for please - got a letter with their real name

never heard of 'em in 95'000 post

 

 

don't mean CSL do you - they are a fleecing DCA.

 

 

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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can you scan the letter up

minus pers details to a PDF please?

upload

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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Share on other sites

Write cancelling

ask for any f&f pots they hold returning

And inc the sar

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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  • 4 weeks later...

Just a quick update on this, I wrote to GP cancelling DMP, I included the SAR.

 

It was received and signed for(sent by registered post).

 

I've had no confirmation of receipt formally by GP and since then I have only had two email requests referring to the account being in arrears.

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What date was the SAR signed for? The 40 days start from the day after delivery. I assume you included the cancellation with the SAR so they can never deny receiving it.

 

Based on the posts above, the 40 days are not yet up but they should have acknowledged the cancellation.

 

One simple email back to them referring them to your letter dated xx/xx/xx should help one department work out what another department is doing. (read departments as two desks next to each other) You could also give them a nudge on your SAR.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I rang them today to see if they received the cancellation/SAR letters.

 

the operator couldn't see that the letter had been received.

 

I said it had been received on the 29th Dec signed by a college.

 

He knew the guy so put me on hold for 10mins to go check.

 

He came back and said the guy can't remember what he did with the letter and can I send a copy (which I have as I scanned them before I sent them).

 

The operator said he was sorry, would close the dmp today and I'd get a confirmation letter in the post.

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gives you confidence. 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... 

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Share on other sites

Ruddy poor practice. I would send another copy but remind them that the original date still stood and they should comply within the original dates. Failure to comply by the dates required will result in a complaint to the ICO (not that they are much use TBH)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I uploaded the letters direct to the GP site.

 

I received a letter a few days later confirming the DMP closure.

 

They also attached a sheet with the names of the people they were paying with reference numbers and amounts.

 

I don't have access to my PC at the min to upload the letter

 

but, is that it in a nutshell from GP?

 

Do I now wait to be contacted by creditors or should I contact them first.

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well certainly upload it to PDF later please

 

pers i'd wait for the forest to drop through you door.

 

then comeback here and post the letters up.

 

just remember.

NO TALKING ON THE PHONE

you are under NO legal obligation to discuss you debts on the phone or at your door to powerless DCA's they ARE NOT BAILIFFS.

 

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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  • 2 weeks later...

Ive recently had what looks like the full SAR request emailed to me from GP, it includes.

 

We refer to your data subject access request in which you requested information under the Data Protection Act 1998.

 

lease find below a list of the information which you have requested and which is enclosed.

 

-A copy of all Sent Communications

-A copy of all Received Communications

-A Balance Table with first and last confirmed balances

-All Gregory Pennington notes

-Signed Authority

-Gregory Pennington Terms & Conditions

-Statements of Accounts

gp first reply to cancellation.pdf

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  • 2 weeks later...

Hi

Have they sent all comms they had with each creditor as well?

Have they sent all information of how much you have paid them and how much they distributed to each creditor?

Are you able to reconcile every payment made with the charges they made? (just in case they have overcharged you)

 

Did they build up a 'pot' of cash to assist in Full and Final Settlements and if so, where is it?

Did all creditors agree to freeze interest? If not, what was the point of GP?

 

Now that you have the accounts back in your name, I suggest contacting each creditor to arrange repayments but it may also be worth sending each one a SAR to find out what charges they have added (if any). The creditors may now be in a position to assist you in repaying the debts more quickly.

 

If you can build up a pot of cash, the creditors may just accept a low figure in F&F

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Paraphrased below.

[quote=silverfox1961;4996979

]Hi

Have they sent all comms they had with each creditor as well? Yes

 

Have they sent all information of how much you have paid them and how much they distributed to each creditor? Yes

 

Are you able to reconcile every payment made with the charges they made? (just in case they have overcharged you)

Yes, plus there is prof of receipt by creditors.

 

Did they build up a 'pot' of cash to assist in Full and Final Settlements and if so, where is it? No, they charged an on going monthly fee that was the same from inception to end.

 

Did all creditors agree to freeze interest? If not, what was the point of GP? Yes, but one was reviewed every 6 months.

 

Now that you have the accounts back in your name, I suggest contacting each creditor to arrange repayments but it may also be worth sending each one a SAR to find out what charges they have added (if any). The creditors may now be in a position to assist you in repaying the debts more quickly.

 

I've had a few phone calls from PRA group which I didn't take as per advice above. They have since sent a letter with a settlement offer but it is only £500 lower than the total.

If you can build up a pot of cash, the creditors may just accept a low figure in F&F

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  • 2 weeks later...

Ok so I've had one reply so far from PRA group, they've sent a request for an income expenditure. Should I fill this in as requested?

 

Thank you for your recent contact.

 

Please complete the enclosed Income and Expenditure form, ensuring you give us the most accurate reflection possible of your financial circumstances. You may submit the information via one of the following methods:

 

 

· Telephone our offices on 0800 877 2772 where you can complete this with one of our agents.

· Email us the completed form to [email protected].

· Complete online at http://www.pragroup.uk.com/ieform.

· Post completed form to PRA Group (UK) Ltd, 2 The Cross, Kilmarnock, KA1 1LR.

 

If after 30 days we have not received any contact from you, the account will reopen for further contact including letters and calls.

 

Should you wish to discuss this matter further please do not hesitate to telephone our offices on 0800 877 2772 or email us at [email protected]; alternatively you can write to us at the address provided at the top right hand corner of this letter.

 

Yours sincerely

 

Jacqueline Quinn

Communications Department

E: [email protected]

T: 0800 877 2120

F: 0845 280 2203

http://intranet.aktivkapital.com/Style%20Library/Images/aktivkapitalarrow.gif

PRA Group (UK) Limited

2 The Cross

Kilmarnock

KA1 1LR

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