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    • thanks dx did i check the wrong thing , i havent checked any credit file as i have no credit at all not in well over 7 years now all bills are in my husbands name, have joint building society account for our state pensions to go in thats it for me, do not want any credit either at our age we just pay the bills when we get them
    • I have been doing a lot of reading but the intricacies of legalities is not always obvious to someone like me  and it’s a lot to take in for someone new to this So how else is it served?  so by that it seems you are saying that they will need proof of postage or will a judge accept that on the balance of probabilities a large company will likely to have sent it?   
    • @jk2054 Thank you for this detailed response, and appreciate you are responding while busy.  In response to your points: In regards to the £25 and £4.82 paid by packlink, in my witness statement, it is clearly explained that this amount of £29.82 is not in dispute. I agree with you that I will focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink T&Cs.  I also agree that I will focus on terms 3b and 3c of the Packlink T&Cs and apply rights as a consumer, and use the third party as a backup if required.  Does it mean a new witness statement will need drafting to send to the court / Evri?  As per my previous post #246, I am thinking of sending an email to Evri and the court, that I have already sent my WS to them by post/email and attach the email that was sent last weekend to them containing my WS. In the email, is it worthwhile also telling Evri that I will be making a point to the judge that: the Packlink T&Cs provided by Evri in their witness statement clearly explains in terms 3b/3c that when a transport agency (Evri) is chosen by a user (myself), a contract is formed by the user and transport agency. Therefore, Evri's view that there is no contract is flawed, as under the T&Cs, there is a contract formed when I chose for my parcel to be delivered by Evri via Packlink. Evri's own T&Cs also state when a parcel is sent with Evri, a contract is formed between the sender and Evri. Happy to get any more thoughts on the above and then I will send the email either tomorrow or by Monday.  @BankFodder I have provided the screenshots and information you requested in post #248. Please let me know if there is anything you want to add to the above, before i send the email out to Evri and the court. FYI - Court date is in 2 weeks on 7th June.
    • as long as all your old addresses are showing on your credit file. there can be no CCJ, backdoor or otherwise. dx  
    • hi word for word the message says please contact us now on 03333201829 or an enforcement agent will visit you and a minimum fee of £235 {set by legislation} will be added to your balance quote re ++++++ that was sent on 20th feb, i then checked on the register judgements and fines website to see if there were any ccjs but it was clear,i checked old address and my new adddress,  will probably check again to see if there is anything  thanks for your help   
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Threats from A&L

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Hi! I have reclaimed charges from HSBC and Nationwide with no problems, but A&L seem to be playing hard ball! Any advice would be great.


I had a current account with A&L with a £500 overdraft. I was unaware of any problems with my account until A&L wrote to me to tell me that I was £150 over my overdraft limit, so they were removing the facility. I went online to check me statement, and noticed that the whole overdraft was taken up by returned direct debit charges.


They called, and said that if I did not make a payment, they would enter a default notice against me. I didn't have the whole amount so paid them £150.


After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home.


Should I pay the outstanding amount, then take the matter up with them? Should I not pay, as to pay would be to admit that I accept the charges? I'm really not sure what to do next.


Any advice would be great.

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Just found you- welcome to CAG and dont panic.



No, paying them will not weaken your claim for a refund, but you dont have to pay them anything that you dont owe them.


Its entirely up to you, following the following process will pull the rug from under them.


First thing to do is get another bank account and transfer your salary and and direct debits to it.


Send them a S.A.R - (Subject Access Request) for all your missing statements going back as far as you like- (I got copy statements from 20 years ago, complete with charges!)


Then send them a request for a copy of your original credit agreement. This is known as a Cpnsumer Credit Act section 77/78 request, commonly known on CAG as a CCA-ing them.


(If they dont send it to you within 12 days they cant do anything and you dont have to pay them anything until they do.)



I'll be back in mo with the links for you. Just click them and you will have the CAG template letters.

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SAR template-




(Remember to enclose the £10 fee- you would be advised to do this by means of a postal order as it is as good as cash and you will then have proof of payment in the post office reciept- which you MUST keep. Send the SAR+£10 by Special Delivery (costs a bit, but these creeps are playing hard ball, so make sure you have evidence of EVERYTHING)


CCA request-


your address



a/c no: xxxxxxxxx





Under s.77 of the Consumer Credit Act you are ordered to supply me with:


1) a true copy of the original credit agreement relating to the above mentioned account


2) The current statement of account





Please find payment of the maximum fee of £1.00 ijn the form of a postal order serial number xxxxxxxxxxxx


This letter sent by Special Delivery, tracking number xxxxxxxxxxx





DO NOT SIGN THIS!!! They are known to cut and paste your sig for fake agreements.




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Dont forget- as well as all the unlawful charges, you are also entitled to a refund of all the interest levied on those charges from the date the charge was made until the date the unlawful charge is removed. ;)


They owe you a lot more than you think.

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Thanks for your responses.

I will follow your advice. My concern is:

1, it's rather intimidating being threatened by DCA.

2, I will need to get a mortgage in the next couple of months, and am worried they will screw up my credit.

3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?


I have not yet filed, as I don't have all of my statements, and they ignored my request for them. They even returned the cheque!!

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"After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home."



You are absolutely right.


What you should is do a photocopy of this letter and send it together with a covering letter to your local Trading Standards.

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DO NOT speak to the DCA.




Refuse to confirm your identity when they ring but make a note of the times.


As you are aware of the SAR, send the CAG template one to A&L.


This puts them on notice that the "debt" is disputed, therefore legally they cannot default you until the dispute is resolved.


Also send A&L this (modified to suit yourself:




This puts them on notice that putting default on your credit record would be a breach of the DPA, and that they lay themselves wide open to a claim for damages suffered by you, if they do this.

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I agree, being hassled by a DCA can be intimidating, but the more knowlege you gain from reading this site, they more you realise they are just muppets using a lot of scary letters to try and scare you.


They will lie, cheat and feed you BS if they think it work in their favour.


What this site has taught me is, it is suprisingly easy to fight back. The law is there to protect you as well.


You just need to know where to get help.


You've found it. :)


Read and read this site.


You will find others just like yourself, wiping the floor with these bottom feeding parasites everyday.

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"3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?"


You will be better off because the "debt" will be legally in dispute, so they wont be able to do a damn thing until it is resolved, whenever that may be.


Let the DCA and A&L know you dispute it and carry on with getting the statements and file your small claim as soon as you can.

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