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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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      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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Payday Loans - Irresponsible Lending Help


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Hi all,

 

I was posting about CCA request which led to unearthing my other accounts and I was advised to start another thread in this forum as I may be able to get my PDL wiped under the irresponsible lending rules.

 

I have the following to my name:

 

EuroCashNet (Quick Quid) £770

Instant Cash Loans (Month End Money/ Payday UK) £300

 

I have been paying towards these on a DMP and i'm due to make a payment in the next couple of days.

 

Any help would be greatly appreciated.

 

Many thanks in advance.

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Hi Molly - Welcome to CAG

 

PDL are my favourite thing in the whole wide world. NOT...

 

Please tell us more about these loans, how many you have had etc.

 

FKO

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks FKO :)

 

I'll take a look at that.

 

I currently have two as mentioned above. I did have another couple I think but they wiped them years ago.

 

Instant Cash Loans (aka Payday uk) £305 - NO DEFAULT - LATE PAYMENT - STARTED PAYMENT ON DMP con 23/06/2013

CashEuroNet (aka Quick Quid) £770 - UNSURE - NOT ON CREDIT FILE - STARTED PAYMENT ON DMP con 21/06/2013

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Thanks, i've actually just gone through it.

 

I'm going to compile a list of loans and view statements at the time of being accepted to see if I have a strong enough appeal to raise complaints.

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gambled a lot of money = perfect reason!!

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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Is this possible to claim against unsecured loans on the same ground?

 

I applied and got credit on 10 accounts within 11 months and I have statements which show/prove heavy gambling. These accounts are a mixture of CC, loads & PDL’s.

 

Thanks

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yes all lending

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

Hi all,

i'm looking at lodging complaints against all creditors which are outstanding.

 

I have compiled a spreadsheet which shows I got loans/credit on 11 different occasions in 11 months.

I also have compiled old bank statements and also statements from betting sites.

 

During June 2010 and April 2013 I gambled heavily and can prove this is where the money went.

It got so bad that within just 6 months i deposited £222k with just one betting account generating a loss of over £18k. Sickening to know!

 

I am unsure of the loan amount with Payday UK above also when Co-op was taken out.

These figures are approximate.

 

I began my DMP in May 2013.

I have gone through the Irresponsible Lending Guide but before I send complaint letters I just wanted to confirm whether or not there is mileage in my complaints?

 

Many thanks.

Lending.jpg

Edited by dx100uk
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yes everyone of them!!

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

still doesn't mean they lent responsibly at the time!!

 

for the cost of a few stamps..IMHO worth a punt to give the grief!!

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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still doesn't mean they lent responsibly at the time!!

 

for the cost of a few stamps..IMHO worth a punt to give the grief!!

 

Definately! Have they been known to compensate on this basis then?

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why not try

i'm not going to research past successes here for you

CAG is about self help too!!

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...

Hello all,

 

Over the last few weeks i've been scrutinising and gathering information on loans and gambling spending.

 

I've written a provisional letter to QuickQuick using the letter template on the irresponsible lending guide.

 

I've put a lot of time and effort to put forward a strong claim.

I just wondered if anybody would be willing to have a read of it to see if there is anything I should add/remove.

 

I need to get this one right because i'll be using this as a guide letter for all my other creditor complaint letters.

It would be hugely appreciated!

 

Also on the letter template it says:

 

"the FCA took over regulation of the credit market from April 2014 and then imposed caps on all high-cost short-term credit (HCSTC) in 2015. I am aware that this only applies to Payday, Instalment and Rolling Credit Loans."

 

Does irresponsible lending apply prior to this?

As i'm going back to 2012/2013 so wondered if I have any claim at all with this template.

 

Many thanks

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yes it applies to anything now even credit cards

 

don't make your letter to long!!

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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