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    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since. I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Hi All,

 

I am hoping someone can share experience or offer some advise.

 

I set up an IT contractor insurance with Kingsbridge back in June when I was about to start my first contract role.

The policy covered me for Professional Indemity insurance and I was quoted £45.00 a month.

 

I agreed to the Insurance plan, two months later I got a better deal through my Accountancy firm I was dealing with.

I cancelled the direct debit and notified Kingsbridge.

 

I have now received a letter from Close Brothers Premium Insurance stating I owe them £384.00 for the full insurance policy and it is required upfront.

If not, they have threatened to send the debt to a third party collection agency.

 

My insurance cover is now cancelled, so unsure what services the payment is meant to be covering!

I have e-mailed them last week on the customer services account, but I have heard no response, it feels like they are just ignoring.

 

Do I have any rights in this matter?

What would be the best course of action, bow down and agree a payment plan or dispute the debt.

 

Thanks & regards,

 

David

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because you chose 12 monthly payments

the finance would have been set up through Close Brothers Premium Insurance

under a credit agreement.

 

looks like the ins co. failed to tell them the deal was cancelled.

 

a DCA is not a bailiff

and has

NOT SUCH LEGAL POWERS.

 

you can either ignore them or complain to your ins co.

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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Thanks Dx100uk.

 

I would love to ignore them, but trying to get my credit history improved, so fear this will be antoher bad marker and will reduce my points scoring.

 

Maybe an option is to offer than a settlement figure perhaps.

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eh?

 

it shouldn't be showing.

 

you don't owe anything you cancelled

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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If you stopped the DD then you have defaulted on the finance payment arrangement ...so they will default you.

 

As DX states they pay the insurer the monthly premium......so you still owe CB any monthly drawing/s not paid

 

Looking at their T&Cs they require 2 months notice to end the finance agreement.

 

 

Andy

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Thanks Both.

 

So if I was to re-enter the payment plan with CB would I covered for Insurance again?

 

Looks like Kingsbridge have a win win situation, they have been paid in full and no longer have any insurer liabilities.

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no you don't

and no you wont be insured..

 

close personal finance

just like their parent company close brothers

are a .......

 

they have always pulled every trick in the book to line their pockets.

with ill gotten sums.

 

you cancelled the insurance with knightsbridge

they should have returned any money they held back to close PF.

 

yes they will try and trash your credit file

you must be firm with them

send them proof you cancelled

let them fight it out with knightsbridge

 

close financed your monthly payment tehey sent to knightsbridge

they didn't give them it all upfront

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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Thanks DX100UK,

 

Close Brothers are just refusing to reply to my initial e-mail. I have today e-mailed Kingsbridge to ask them what the status is from their side and why I am getting hounded by Premium Finance.

 

Do I need to send any kind of correspondence to Close Brothers, wary they will pass to a DCA who may issue proceedings against myself.

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stop emailing WRITE and get free proof of posting from the PO counter.

 

lets be clear here as you seem rather green

a DCA is NOT A BAILIFF

they have NO LEGAL POWERS WHATSOVER.

 

only the 'owner' of the supposed debt' can take you to court

read the correspondence CAREFULLY.

 

doesn't say WILL anywhere

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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Thanks. If the DCA buy the debt from Premium Finance, would they not be legal owners of the debt in their own right?

 

I will send them a letter via the PO with proof of sending. Is there any recommended template to send?

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no template no.

 

close wont sell it on.

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

  • 1 month later...

Hi All,

 

I have had a recent devleopment on the debt with Close Brothers.

 

A letter was received yesterday from a companyt called 'CARS' who are demanding the full and final payment of £327.00 to cover the Professional indemity insurance. I cancelled the insurance months ago and I am no longer insured.

 

It feels like they the next step will be for them to issue proceedings against myself, does anyone have any advice on the best tactics to respond with?

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No read it properly..

Doesn't say will anything

And cars are a totally powerless DCA

 

A DCA are not bailiffs

Ignorr

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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