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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      EVRI have lost parcel £300 model kit

      By BankFodder · Posted

      Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
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      By T911 · Posted

      "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • Strider713
      EVRI have lost parcel £300 model kit

      By Strider713 · Posted

      I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      Sorry  Noted x

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CCA - I'm not sure!?!

iwannaclearmydebts

By iwannaclearmydebts
in Debt Collection Agencies

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MrSooty

MrSooty

Posted
Posted

Cheers me up enormously to see these posts -thank you everyone!!

 

Having CCA'd our DCAs, we are slowly getting responses - one contained an alleged Credit Agreement, but having posted it here, it turned out to be 'rubbish' and completely unenforceable, as correctly anticipated by the helpful and very knowledgeable folks on the forum :-)

 

However, the really interesting response arrived just a couple of days ago, from a DCA (on behalf of EGG), which turned out to be 2 pages of payment statements to the Credit card account - or as I suspect they are known, a response to an S.A.R - (Subject Access Request) - clever or what?

 

I intend to quietly ignore this one and IF we ever get to Court - hope they wil l look very silly indeed!!?? Sensible??

 

If anyone does want to offer some input here, I do get regular (as in almost daily) calls to my home phone from 1st Credit - nice people to do business with :-) - who keep leaving messages for me to call them.....some of these are automated and last night, just as the Rugby was starting, they rang 'live' at 8.00pm, asking to speak to me!!

 

My response was to say that I would prefer all contact to be in writing and was happy to hear anything he had to tell me in a letter - he seemed a bit deflated at that, but did go quietly and what a great match it was!! :-)

 

C'mon England - you can do it - but it won't be easy !!!!

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rory32

rory32

Posted
Posted

Have you sent them the harassment by telephone letter here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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iwannaclearmydebts

iwannaclearmydebts

Posted
  • Author
Posted
Cheers me up enormously to see these posts -thank you everyone!!

 

Having CCA'd our DCAs, we are slowly getting responses - one contained an alleged Credit Agreement, but having posted it here, it turned out to be 'rubbish' and completely unenforceable, as correctly anticipated by the helpful and very knowledgeable folks on the forum :-)

 

However, the really interesting response arrived just a couple of days ago, from a DCA (on behalf of EGG), which turned out to be 2 pages of payment statements to the Credit card account - or as I suspect they are known, a response to an S.A.R - (Subject Access Request) - clever or what?

 

I intend to quietly ignore this one and IF we ever get to Court - hope they wil l look very silly indeed!!?? Sensible??

 

Hi MrSooty,

 

I have'nt received any credit agreements yet, but hopefully I'll get the 'usual rubbish' too..

 

What do you intend to do next about the first DCA response you mentioned i.e. unenforcable credit agreement. Will you leave it until they start harassing you more and then involve TS etc..?? :confused:

 

It's very interesting to hear other peoples situations is'nt it and the help and support you get here is great!! :cool:

 

regards,

 

iwcmd. :-)

 

P.S. Its a shame about the rugby..:rolleyes:

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MrSooty

MrSooty

Posted
Posted

Dear IWCMD - shame you had to mention the Rugby :-(

- however, they did their best and the better team won.......grrrrr

 

Based on the advice received from very worthy CAG members, my 'strategy' will be exactly as you suggest, which is to ignore the DCA who sent me what they believe to be an enforcable Credit Agreement!

 

There is plenty of very detailed material in the forum which suggests to me that these folk do know what they are talking about, so I'm prepared to put my faith in their advice and who knows, if it does go to court, so what, I have been paying for 4 years and more than most seem to do, so I might get a reduction on my monthly payments!!???

 

In the meantime, I have stopped paying and nothing awful has happened - plus, as you can read from the posts, others seem to have made this 'approach' work rather well - just wish I'd known about it all sooner, shows how little most of us ordinary folks know about our rights......and I'm even prepared to argue the morality of it these days, the Credit Card Companies have made thousands out me and no doubt you too - so if we get the tools to even the match up a bit, good on us :-)

 

Tomorrow is 'send a DCA a harassment letter day' - certain pleasure to be had from this stuff, don't you think????

 

Now don't go mentioning Mr Hamilton, will you!! :-)

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Bilgeman

Bilgeman

Posted
Posted

Fascinating stuff. I'm in the middle of a similar situation at the moment. I have had some correct agreements back and those I will continue to pay as mutually arranged before I found out about this site. One concern I have is that, knowing the devious nature of these people, it mightn't be beyond the realms of fantasy that they might, out of pure spite, deliberately pretend not to have the agreemnet, let it go to Court and then suddenly produce it on the day, even going so far as to claim I'd already been sent a copy and was lying when I said I hadn't. Any thoughts, anyone?

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MrSooty

MrSooty

Posted
Posted

Hi Bilgeman - based on the very helpful advice I have received here, my understanding is that Creditors/DCAs have the standard 2+12 days after you send the CCA request, then a further 30 days to come up with the Credit Agreement - after that, they are in default and cannot pursue you for the 'alleged debt' (always 'alleged' until proven!).

 

I would also like to believe (untested), that the Courts would take a VERY dim view of some smart arse DCA who did what you imagine might be possible - after all, these actions we are all taking are based upon existing Consumer Credit LAW and just as we have rights and obligations, so do they....

 

Finally, although I have not seen your posts before, when you say you have had 'correct agreements' returned to you, have these been verified by the forum?

 

I have little idea of what a 'correct agreement' would look like - although I read a very interesting and detailed post from someone who is clearly highly knowledgeable on this matter - and unless you have, I would not assume the agreement to be valid...???

 

My wife had one returned recently, with her signature on it and I thought, 'oh dear, we've fallen at the first hurdle...' - but having been asked to post it, I have been advised categorically, that 'it is rubbish', being a short application version and incomplete in several ways!!

 

As we say in Wales Nil Desperandum :-)

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iwannaclearmydebts

iwannaclearmydebts

Posted
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Hi Bilgeman - based on the very helpful advice I have received here, my understanding is that Creditors/DCAs have the standard 2+12 days after you send the CCA request, then a further 30 days to come up with the Credit Agreement - after that, they are in default and cannot pursue you for the 'alleged debt' (always 'alleged' until proven!).

 

I've also read in advice here that you should keep all letters received from DCAs/creditors during the 2+12 days, the further 30 days and after that just in case they try and take you to court after sending you what they perceive to be a 'valid' credit agreement, so you have a 'strong' case against the claim they're trying to make against you.

One question I do have about what I've read and wrote above is that if the DCA/creditor does take you to court is it to try and apply a CCJ against you or is it to verify the debt is yours, so they can 'enforce' it?

 

I would also like to believe (untested), that the Courts would take a VERY dim view of some smart arse DCA who did what you imagine might be possible - after all, these actions we are all taking are based upon existing Consumer Credit LAW and just as we have rights and obligations, so do they....

 

I could not agree more..!

Finally, although I have not seen your posts before, when you say you have had 'correct agreements' returned to you, have these been verified by the forum?

 

Definately worth posting your 'alleged' agreement(s) on here!

 

I have little idea of what a 'correct agreement' would look like me too - although I read a very interesting and detailed post from someone who is clearly highly knowledgeable on this matter - and unless you have, I would not assume the agreement to be valid...??? Definately.

 

My wife had one returned recently, with her signature on it and I thought, 'oh dear, we've fallen at the first hurdle...' - but having been asked to post it, I have been advised categorically, that 'it is rubbish', being a short application version and incomplete in several ways!! Good to hear!

 

As we say in Wales Nil Desperandum :-)

 

 

Its great to hear from other CAGer's and I've got my fingers 'crossed' that I do hear back from the DCA's I'm dealing with either saying 'no agreement found' (I wish) or one of those 'application form' ones...:rolleyes:

 

Anyway, I'll keep you all updated as I hope you will me..;)

 

regards,

 

iwcmd. :)

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Bilgeman

Bilgeman

Posted
Posted

Thanks again for the info, Folks. I'll be in danger of a thread hijack here if I carry on so here's a link to my thread where all this is going on Rethink.... I've posted links to the relevant agreements that came through in postings nos 24 & 72 with comments from tomterm8 and rory32. Please feel free to have a browse and add your own comments anyone

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Bilgeman

Bilgeman

Posted
Posted

There seem to be conflicting views flying about regarding the enforceability issue. What sticks out is the question of what happens to the creditor if it applies to the Court to have the agreement enforced after the deadline. We've been told that they've committed a criminal offence and are liable for a fine but also coming across is the feeling that the Courts aren't really interested and I wonder at what point the creditor thinks it worth taking the risk. How big does the debt have to be to justify going to Court and running the risk, however small, of a fine in order to get it enforced?

 

I don't think they could demand missed payments, certainly not before the date they supplied the copy agreement. Pehaps I'm wrong on this and I'm sure soemone better informed will put me right if I am.

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iwannaclearmydebts

iwannaclearmydebts

Posted
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So am I !!!!

 

6 CCA requests sent at end of July, only ONE CCA has arrived!

and that one's not valid !!

 

My monthly bills have gone down quite a bit....;)

 

:D :D

 

 

Good for you oneofakind! :cool:

 

I want to be in the same 'boat' as you, but at present I'm abit 'scared' to stop paying the 'alleged' debts (although they have gone past the 12+2 days..!?!) in case they do prove them to be 'enforcable' and they ask for the 'missed' payments back..:eek:

 

regards,

 

iwcmd. :)

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iwannaclearmydebts

iwannaclearmydebts

Posted
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I waited for 12+2+30 to elapse. Now even if they CAN produce a CCA, they can't enforce without going to court.

 

:D

 

Oh! :o I did not understand that fact before now..:cool:

 

So...If they elapse the 12+2+30 working days the only way to 'enforce' the 'alleged' debt is to take it to court?? :???:

 

:)

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iwannaclearmydebts

iwannaclearmydebts

Posted
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That's my thinking exactly. Besides which, if they can't produce in six weeks, my guess is they don't have it at all !:D

 

Hi oneofakind/all,

 

Still no CCA replies..and I've still got my fingers crossed!?!

 

Its gone pass the 2+12 (working) days by far now and I think the +30 (working) days is up at the end of November.

 

I really want to stop my payments if this period expires.

 

To do this though I need to get a new issue debt card from my bank now(ish), so at the start of December the DCA's won't be able to automatically take their payments...

 

I've gotta try my luck to see if I can do this...

 

at least until it starts going further..i.e. court :(

 

how's your situation oneofakind?

 

regards,

 

iwcmd. :-?

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SteveH2508

SteveH2508

Posted
Posted
Oh! :o I did not understand that fact before now..:cool:

 

So...If they elapse the 12+2+30 working days the only way to 'enforce' the 'alleged' debt is to take it to court?? :???:

 

:)

 

Unfortunately not true. IF (and that is a BIG if!) they can produce a copy of the agreement containing the prescribed terms AND original T & Cs AND varied T & Cs AND statements of account, they can enforce straightaway. If they don't have these then they can try for a court order.

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iwannaclearmydebts

iwannaclearmydebts

Posted
  • Author
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Unfortunately not true. IF (and that is a BIG if!) they can produce a copy of the agreement containing the prescribed terms AND original T & Cs AND varied T & Cs AND statements of account, they can enforce straightaway. If they don't have these then they can try for a court order.

 

 

Hi Steve,

 

So to recieve all the above information I presume the CCA covers the copy of agreement, prescribed terms, original T&C's and varied T&C's.

 

But, to get the statements of account would be the S.A.R (subject access request) would'nt it? :???:

 

So, just to understand this correctly to 'enforce' the debt at any time they would need to supply all the above information, but this would only be given once requested by the debtor i.e. CCA request and S.A.R am I correct?? :???:

 

regards,

 

iwcmd. :)

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