Jump to content


  • Tweets

  • Posts

    • 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!!  
  • 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

3rd Party DCA Reporting Default


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2519 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

Hello All - I hope you can offer some thoughts on the below please.

 

I had a reasonably large CC debt with a large organisation and challenged the validity of their paperwork etc approximately 7 years ago. There was lots of correspondence between us but eventually the marked it as defaulted (soon to be 6 year anniversary of default).

 

I made an offer to settle with original lender via 5 equal monthly payments for approx 12% of original alleged debt. This took the form of an offer in writing and with a cheque for the first payment stapled to the offer. They removed the cheque and cashed it and subsequently did the same for the next 4 cheques all attached to covering letters referring to the offer.

 

Once all 5 payments were made I wrote to the CC organisation and confirmed that the account was settled and asked for them to stop reporting derogatory information with CRAs and mark account as settled. Instead they attempted to wash their hands of the account and sold it to a 3rd party.

 

I have made it very clear to the 3rd party that I do not recognise them and have no contract with them. I have heard nothing from them in approx 5 years but they continue to report a Default against me with all CRAs and are severely limiting my chances of gaining a remortgage at a competitive rate or at all and as you can imagine my credit rating has been badly affected.

 

So on to my questions at last!

 

1) when must the 3rd party stop reporting the Default, is it 6 years from the Default date or 6 years from any payment last received by the original lender? NB the 6 years from Default will end within 2 months and 6years from last payment within 8 months from now.

2) when the Default is over 6 years and they must stop reporting do all entries of it disappear or do they get removed one at a time month by month (I.e. Will there still be more recent Default entries present on credit file)?

3) in light of the above could the original lender get in hot water for selling a settled alleged debt and/or the 3rd party for attempting to collect on the same whilst reporting Default? If so what route would be best, FOS or court or both?

 

If you need further details please ask.

 

I look forward to hearing your thoughts! Thanks in advance

Link to post
Share on other sites

It will come off your record on 6th anniversary of default date. If there has not been 6 clear years since your last payment towards this debt, the new debt owner can still take you to court to obtain a CCJ, but must do so within 6 years of last payment due to limitations act.

 

Sounds like the original lender did not accept reduced settlement. Just sending letter and cheques does not mean acceptance. They can sell the remaining debt on to a third party. The third party can take over rights of the debt under Law of Property Act. But the default date should be same as original creditor. The new debt owner will take over the default on your credit record reporting the default in their name.

 

What you have to remember is that Banks have millions of debts and they just chase them using automated systems. They don't get too involved in correspondence, apart from collecting payments received. If after a period a debt still remains, then they just sell them onto debt buyers and the new debt owner has the full legal rights to pursue payment of the debt in full.

 

I can't see that you have reason for complaint, other that the original Bank creditor not dealing with your repayment proposal. They should have rejected your settlement offer and told you what the score was.

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thanks for your input Uncle B. I just want to clarify a few points on what you have said.

 

Is it 6 clear years from last payment to 3rd party or to original lender? Do you have a reference to such information i.e. is it in the statute you refer to (Limitations Act 1980)?

 

As to the following:

 

Sounds like the original lender did not accept reduced settlement...They should have rejected your settlement offer and told you what the score was.

 

That is a bit of a contradiction there. If they didn't reject the settlement offer (and bear in mind they had 5 opportunities to do so but in each case physically removed a stapled cheque) then they must have accepted it. Actions speak louder than words, and as far as I am aware, the acceptance of an offer and formation of a contract does not need to be written. This of course would be down to a judge to decide upon if necessary.

 

Personally, I don't really care how much correspondence a bank deals with, just how they act upon my correspondence.

 

I recall hearing or reading something in the past whereby a financial institution can deal with payments received slightly differently when an account is in default, however I would like to see some case law on this if it exists. Does anyone know of any that may be relevant here?

 

Many thanks again - TWTT

Link to post
Share on other sites

didn't matter if you paid it or not

the default is there for 6yrs regardless. then the complete account vanishes never to return.

 

 

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 dx100uk.

 

BTW I never received a Notice of Assignment, which I assume should have come from the 3rd party upon when they claim it was assigned to them by the original lender. Is there a time limit for the provision of a NoA? I suppose I could carry out a SAR but why stir up a hornets nest when the Default will drop off very soon.

 

So therefore I assume the only outstanding point then is as to whether they 3rd party feels they have a claim to the alleged debt and if so will have approx 8 months to do something about it before it becomes statute barred.

Link to post
Share on other sites

id deal with that when/if they issue a claimform

no good speculating now

it wouldn't prevent a claimform anyway

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 again - and yes I agree. I will wait and see what transpires. Looking through my correspondence I can see that they (3rd party) tried it on again late 2014 and early in 2015 and I made it EXTREMELY clear that no contract exists and denied all claims they made and explained that all future correspondence will be RTS. Nada since in over 2 years.

 

Do you happen to know the timeline for provision of NoA? I would like to know to satisfy my own curiosity.

Link to post
Share on other sites

usually sent upon sale of the debt by the OC.

 

 

can be sent by either on behalf of both parties

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...