Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
  • Recommended Topics

247 Moneybox . Paid money they didn’t claim it said I didn’t pay HELP!!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2031 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

Back in 2015 (10th of October) I took out a loan with 247 Moneybox for the amount of £80 with the repayment date of the 24th of November.

 

I am not sure on which date I made the payment but I went onto my online account and paid the full amount to pay off the loan, the payment was being ,made on time.

 

I then received confirmation to say that my loan had been paid but I don’t have a copy of this anymore as it was so long ago.

 

I then took out another loan with them on 17th February 2016 (please bear in mind it clearly states on their site you can only have one loan at once due to responsible lending) of the same amount £80 and on the 24th of March my repayment date I paid the balance of £88 which closed the account.

 

It was only until a bit later I logged into the account to see that it said I still owed them £103 and that my balance was outstanding.

 

I phoned them and they told me that my loan from October had not been paid and I was obviously confused by this and tried to do some digging because I know I went online to make the payment

 

I phoned my bank and they told me that they never claimed the payment in the 7 day window they had. I never realised that the money went back into my account as I don’t watch for things like that and it wouldn’t have shown as anything on my statement it would have just gone back on my available balance.

 

I phoned them back and tried to argue this with them and said it wasn’t my issue that they hadn’t claimed the money and that I now didn’t have the funds to pay for it

 

feeling very hard done by considering I tried to pay this off on time in full and due to them not collecting the money I was now in a worse financial situation. I was also arguing with them about the fact that they had let me get out another loan in 2016, 4 months after the one I had supposedly not paid was taken out.

 

You are unable to even apply for a loan if you have an outstanding balance so how does this work? They were having none of what I was saying and I ended up out of frustration and being fed up agreeing to a payment plan of £10 a month with the balance reduced to £80.

 

No money ever came out of my account and I never realised this until later down the line and I know its probably bad of me but I sort of forgot about it and they never tried to contact me.

 

I have only recently just thought about it so decided to log back into my account which still says I owe £103 and my account is in default. Somehow they also have my new address which makes me worry.

 

The most confusing thing about all of this is that on my credit report this loan Is down as being settled on the 22nd of January 2016 and does not have any mention of my account being in arrears or overdue.

 

I don’t know what to do.

I don’t want to contact them again and then prompt them to chase me for the money or complain that they never should have given me a second loan if my first one was outstanding.

 

Some advice would be very much appreciated.

Link to post
Share on other sites

Check your bank statements, or simply send them the prove it letter from the library on this site.

 

You also need to stop trusting them. They are not a professional business. Theyre a payday lender and none of them are reputable.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

there is no proof of the payment on my bank statement as when you make a card payment it is held in a pending place and if the merchant doesn't claim the money it returns to your account like the payment has never been made if that makes sense! So technically I didn't pay that loan but I didn't know I hadn't paid it as I made the payment with my bank card online got the email I had paid and just went about my life.

Link to post
Share on other sites

My point is check the statements of the time you made payment. If it isnt showing, then payment wasnt taken. If it does, then panic over.

 

If you didnt pay it, then make arrangements with the lender to repay it at a rate you can afford.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Thanks for the reply. I have checked all statements. I did try to set up an arrangement over the phone but they never started taking the money out.

 

Am I not able to squash this somehow considering it’s impossible to lend from them if you have an outstanding loan and they gave me another loan and I repaid it and it wasn’t until after that they said I hadn’t paid the first one.

Link to post
Share on other sites

Why would you want to lend from them again. Youre falling into their trap. Dont. Pay it off and be done with it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

I don’t want to lend with them again, my point is I took out a second loan with them 4 months after I had ‘paid’ off the original loan only to be told after I had paid off the second one that I still owed money for the first one. They shouldn’t have given me a second loan if I had ‘failed’ to pay the first one surely ?

Link to post
Share on other sites

Probablynot but if the system thought the payment had gone through then they would have. You can try the irresponsible lending track, but i doubt it will get you very far..

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

did you have other loans and a crap credit file at the time?

like full of defaults?

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

Irl claim then too every lender

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...