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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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first response finance car loan still showing after 10yrs - Is this legal???


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Hi all, need a little help.

 

Way back in 2004 my wife needed a car for work, as our credit wasn't great at the time we ended up going with a company called First Response finance.

The interest was horrendous but it was all we could get so we went with it.

As far as I can remember we missed a couple of payment but caught them up over the agreement term (48 months)

 

8 years ago my wife was promoted and received a company car so she gave her old car to my son.

She was made redundant 2 months ago but was offered a better job with a rival company but had to have her own car.

 

When she applied for finance she was refused,

i got a copy of her credit file and there is an entry from first response finance detailing 2 late payments.

This was an account opened in 2004 over 48 months and to the best of my knowledge was paid in full.

 

We have not at any time had any contact from them regarding any outstanding balance,

neither have we heard from any third party (debt collector etc)

 

I know I need to contact them to dispute this but I was looking for some advice on where i stand.

How can I prove we don't owe them this money?

The file says 2 late payment but the outstanding balance is for more than that.

 

Is it normal, or even legal for a company to update a credit file for over 10 years with absolutely no activity on the account?

If we had owed money on this account is there not a timescale when they should have put a default on the account?

 

I would really appreciate any help with this please.

Edited by dx100uk
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I would expect the inflated balance is due to unlawful penalty charges.

I would again suspect that when you were late

each time they added a penalty fee.

 

so thus when the 48 monthly payments were completed

there was an outstanding balance of these 2 charges

and since then more and more charges have been added.

 

the fact that the debt is now statute barred is not necessarily a reason that it should not show either.

 

so these two late payment markers

what two dates were they registered 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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I can only go back 72 months on the experian site and it is showing 2 months late payments all the way back till then.

Hardly surprising when the agreement started on March 2004 and ended on April 2008.

 

If there was an outstanding balance why not contact me?

Surely they cannot keep updating an inactive account like that for 10 years?

Edited by dx100uk
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whilst I poke around on them

can you answer these questions

may seem immaterial but they might dictate how we sort this.

 

have you moved since taking this out if so when?

 

did you have any contact with them at all after your final payments was made

[i'e the DD mandate expired at 48mts]?

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

thanks for your help.

No, I have lived in the same house for 25 years. No, I have had no contact from them at all, I thought I would have gotten the usual offer of re-finance after the agreement ended, but presumed the late payments may have put them off.

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just does seem strange.

 

having read up on them here

they can be tigers

but also fair

 

it might be an idea to politely write a short letter pointing out a few things and see if they might remove the account totally.

 

p'haps we can work on that 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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Share on other sites

Thanks. Came home today to find my wife had lodged her concerns with experian and they are looking into it, they say it could take up to 28 days but they aim to get a resolution as soon as possible. Guess we will just need to wait and see how it goes. Thank you very much for your prompt replies, I will let you know how I get on.

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not really much point complaining to the CRF' providers

get a letter running to FRF

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...

A quick update,

no reply from Experian yet but I noticed the account has now been removed from her file

 

, unfortunately after checking elsewhere it is still showing with equifax and call credit etc.

 

Guess I'll need to fire off a letter to FRF to ask them to remove them all.

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