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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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    • 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
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iGroup/GE Money


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Well it gets even better, found another credit agreement with the above, cost £900ish, taken out in 2001, with interest at 17.5%, today worth approx £2400!

 

Again i believe i was cohersed into it, along the lines of it will look better if you have it!

 

so thats 2 claims now, letters off on monday to them both.

 

cheers

 

steve

 

PS anyone got a POC template for PPI?

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Well it gets even better, found another credit agreement with the above, cost £900ish, taken out in 2001, with interest at 17.5%, today worth approx £2400!

 

Again i believe i was cohersed into it, along the lines of it will look better if you have it!

 

so thats 2 claims now, letters off on monday to them both.

 

cheers

 

steve

 

PS anyone got a POC template for PPI?

 

Hello Salty Seadog,

 

There are a few poc kicking about the threads, Alanfromderby has put up a couple of stickies, looking into the legislation that can be used for the reclaiming process for ppi. Really useful information in them.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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just had a letter from GE stating they didn't sell the PPI but the broker did, even gave me the address of the broker, so is it the broker i go after now or are they pulling the wool over my eyes?

 

Will it be harder going after a broker? than a big company like GE?

 

cheers

 

steve

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hi salty

damn right it will be harder going after a broker, i am having lots of hassle with ocean finance claiming for 4 loans taken out with them, what broker was it?

check out my thread and see, i'm ready to now give in as court is the only route left but good luck with yours and i truly hope you nail the b******s

 

gem x x

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Hello Salty-seadog.

 

This is a very important piece of legal precedent. It relates to the paying of commission/fees to brokers.

 

Personally I feel they are all as bad as each other, all get a chunck of your money.

 

Thanks to hellhasnofury for this case, which may be of use to those who have taken out loans through a broker(link to full judgement below):

 

 

I came accross this court case precedent regarding brokers commission and responsibility, and wondered if it would be useful for a court bundle in this situation.

 

Decision in Hurstanger v Wilson [2007] EWCA Civ 299

 

This is may be of relevance to all members who pay fees to brokers.

 

Case Summary

 

The borrowers (Mr Wilson and Ms Burton) obtained a loan through a

broker. The broker had a fiduciary relationship with the borrowers and

received commission from the lender.

 

At issue was whether the broker had received secret commission from the

lender and whether informed consent had been given by the borrowers.

 

The borrowers signed a form which indicated that commission might be

paid but they argued that informed consent had not been given because

they did not know the amount of the commission.

 

It was held that the broker may only receive commission if the borrower

consented to this with full knowledge of all material circumstances. The

Court of Appeal held that the commission, in this case, was not “secret”

but informed consent had not been given as the amount of commission

had not been disclosed. (Accordingly they awarded the amount of the

commission plus 1.29% simple interest from the date of the agreement’s

inception).

 

The Court also held that in cases where the broker does not disclose

that she is in receipt of commission from the lender, the commission

will be “secret”, the broker potentially guilty of fraud, and the entire

loan liable to be rescinded.

 

Implications

 

The legal teams of all members who pay commission to brokers should

consider the impact of the decision on their business.

 

Full Text: Wilson v Hurstanger

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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thanks gemni / hellhasnofury,

 

looks like i'll be chasing the broker as the £900ish paid in PPI, there is no mention of commision to the broker, there is mention of brokers fee's but not for the PPI.

 

Also it was mis-sold, not fit for purpose and was implied that to take it out would help me secure the loan!

 

cheers

 

steve

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