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    • 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?
    • 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!!  
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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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RBS and AIS (Allied in Glasgow)


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Oh boy, does my financial situation seem to be getting worse.

 

As if I don't have enough of these people to deal with, having had my business collapse completely and have to close...

 

I had a credit card with RBS which hit its £3k limit and I couldn't pay back very well. I DID make an arrangement to repay £60 per month (couldn't afford, but managed) until a few months back when I ran out of money altogether... By this time, the £3k debt was down to £2100...

 

Lately I've had a guy called 'Mr Kennedy' from AIS on behalf of RBS start plaguing me with phone calls. In one of them he said to me 'we want immediate repayment of the full balance.' I told him he must be joking if he thought I had that kind of money and they were more than welcome to take me to court and get a CCJ, and I'd happily tell the court that I could afford £15 per month. He assured me 'we don't WANT to take you to court, sir, we don't want to put you into that difficulty... We just want our money back NOW.' He even told me to 'go away and think about it over the weekend.' When he rang me back I told him nothing had changed. I got told yet again that he wanted all the money now, and didn't want to take me to court over it, as if this was something I could easily do. He even had the audacity to ask me what assets I had so that RBS could have their money back. I told him to get in line behind much bigger fish. So then I wrote to him, having been told that he could not authorise a payment plan, only full repayment, and could not authorise a write off on the debt of more than 15%. I asked for a write-off of 60% and that I would find the remainder of the money somehow. I also explicitly stated that I would only communicate in writing, and would not 'deal' on the phone.

 

I have had no response except a letter to say 'ring Mr Kennedy' and several phone calls a day either from Glasgow numbers, or from caller withheld numbers leaving messages to ring someone at Allied Coercion Services (or whatever they're called) and now I'm getting text messages to my mobile to ring a Mr Gallagher IMMEDIATELY with my AIS reference number.

 

How on earth do I deal with these people? I've been turned into a nervous wreck by the bullying, head against brick wall, frustrating tactics of the call centres and debt collectors... Yet they won't either give up and just put it in writing, or put it in writing anyway. It would almost be a relief to get a petition from a county court for liability on the debt, because at least then I could write back and say that I admit the debt but have limited means to pay it, and make a token repayment offer which, I understand, the courts tend to look well, even if it is £20 per month...

 

I need advice sharpish, please. Anyone with any experience of these wigglers and their tactics, who might know how to deal with them...

 

Just when I think I've managed to get a means of dealing with one of these things, another one emerges to defy even basic decency and try to hound me into an early grave...

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FWIW, if you have become a nervous wreck, then get it put in writing - go to the doctors and get it certified.

 

If they continue to harrass you on the phone, I don't know what the next step is but I would imagine that you will have grounds to file against them in court. That paperwork will become invaluable when the judge comes to decide on damages.

 

Given that you have already sent them a letter telling them to deal by letter, you may already have grounds to file against them so you should look into this.

 

As Hydra has said, get yourself fully immersed in the DCA forums and all the information they have to offer. There are plenty of people in similar situations which may help to relieve some of the tension. They will have plenty of advice for you.

 

As soon as you have calmed things down with the debt recovery and things are (relatively) calm, look to start the process of recovering any charges you can from the banks as you will no doubt have accrued a few during the last 6 years. Any questions, fire away.

 

Good luck.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 1 year later...

Don't worry

 

I wasin exactly the same boat as you.

I received a letter two days ago from RBS admitting that there is nothing they can do to collect on my debt (£1600)

 

Follow the advice in this site.

 

1 Get everythingin writing from AIC - they can't write

2 Challenge the ebt - they have to prove and they can't

3 AIC pass it back to RBS but too late to be enforceable

4 RBS ask you to pay up - tell them to [EDIT] go away - out of date

5 RBS admit they cannot enforce it but suggest that you are "morally" liable for it

6 Have a good night's kip

 

 

At the moment I am stage 5 and am aboutr to senda letter to RBS to tell them I have no morals.

 

Simon Dale

Edited by Rooster-UK
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