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    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I have read that but how does it help me?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I would like to thank onthebrink & Brassed Off for the advice they gave to me. Today i received a letter (after sending a Formal Complaint) and i have had monies credited to my account,SEE MY TREAD.http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133190-door-collector-debt.html

 

Thanks again, if you read my tread i was very low but was given guidence and a win was found from a loss HOOOOOOOOOOO HAPPY DAYS. When you feel it`s all against you fight and turn to your friends in C.A.G:grin:

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yes but neither of these post about deed of assignment have asnwer my original question really.

 

I asked why a DCA issues a notice of litigation giving u 7 days to comply when the 7 days are all ready up B4 they send the letter?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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It's because they have cocked up and you should challenge this in court (but keep your blood pressure down, honey!).

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I will try.

 

The strange thing is i have not recieved any court papers and they are collection on a timebarred debt and for a company i was never with or a address that never existed and still does not.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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yes the letter was dated easter monday, 24th March, and said i had to contact them within 7 days or they will start court procdeings against me.

 

the 7 days were up on the 30th and the letter was not posted until after the 7 days were up according to the post mark of the letter post mark says the 1st April. Recieved 2nd April.

 

Also i have not recieved any court papers.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi OTB

 

Came late into this thread late, (obviously not paying attention!!) and spent most of this weekend trying to absorb the wealth of information within it.

 

Have to say, it's excellent. A big thanks to you and other contributers.

 

Something I have not seen so far:

 

What is the exact legal position regarding firms that are solicitors, but are also DCA's?

 

The type I have in mind are firms in which debt collection represents a major segment of their business and often advertise as such. However, if referred to as a DCA, they hotly deny the fact as if that absolves them from any responsibility in that department.

 

Second point is, who has responsibilty for policing them?

 

David

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this question might have allready been answered, but a great long thread

 

what is the position for a dca with a statute barred debt

some are now saying its from the default date

ime sure its from the last action, the limitations act begins from then

the last time payment or corresopndents was received from the debtor,not the default date

please confirm

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yes the letter was dated easter monday, 24th March, and said i had to contact them within 7 days or they will start court procdeings against me.

 

the 7 days were up on the 30th and the letter was not posted until after the 7 days were up according to the post mark of the letter post mark says the 1st April. Recieved 2nd April.

 

Also i have not recieved any court papers.

 

OK so your seeking advice on the assumption that they have or will issue proceedings against you?

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Allwood the short answer is no But it would help us to answer if you explained why you need to know.

 

Unlike other data I think evidence of searches is removed much more quickly - how long I'm not sure

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Been talking to Information Commissioners Office on the phone and was advised that Barclay card and some other institution's do keep date for up to 7 years. I advised the person on the phone that all I got was statements and the old microfilm were illegible and the Bcard sent me duplications of the same statements for before 2004 going back to 2002 and newer printouts of the same statements that goes up to 2008 and no credit agreements are available, all they have is only copies of the statements that they have sent me. I read out the last paragraph of BC letter to the Information Commissioners Office person on the phone in which BCard said that is all the information that they hold on my account. The person at Information Commissioners Office said then they have no more information on me as stated in the last paragraph of their letter.

I then asked Information Commissioners Office, as BCard confirmed that they have no more information on i.e., agreements etc how can Eqifax keep updating my credit report every month by BCard. Information Commissioners Office told me that they did not know and I would have to ask them that. I have sent a S.A.R to Equifax but not got back anything from them as yet. Also I inquired about the 2 traces on my credit file by wescot and BCW one 2006 and one in 2007 again Information Commissioners Office again said that I would have to ask Equifax this.

When I asked Equifax last year about the traces they told me that they would have had to have all the necessary paperwork before they could put anything on my credit file, therefore how could Equifax have this information if BCard has not got it. There is so many inconsistencies, what do I do next.

Also I informed Information Commissioners Office that Bcard was outside the time like in replying to my request and I was told to put a complaint in to them in writing but stating that I had received the documents, I was also told that I had this complaint with a year. No doubt when complains been made, say around 10 months after Bcard non compliance Information Commissioners Office will have brought in a new policy for banking code.

You cannot win. I am still in limbo about this.

 

More data lost by HSBCmad.gif

 

BBC NEWS | Business | HSBC loses customers' data disc

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Allwood the CRA's comment to you is an assumption on their part which might have no basis whatsoever in fact.

 

They (conveniently) assume that before their client update a consumers file they MUST have the authority to do so - Whether they do or not is to the CRA irrelevant. Their attitude is one of "don't ask don't say"

 

However should you complain or request the evidence of consent to process your data they can no longer claim 'good faith' if it's subsequently found to be 'unavailable'

 

Suggest you write to the CRA enclosing copies of any evidence that Barclays DON'T have your agreements & ask how they could have claimed they had authority to process your data when their client effectively admits they don't

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thank you Jon, I will do this when I received their S.A.R from them, I have sent them a reminder with a copy to ICO (if that dose any good) Hopefully, I will received this back from them shortly. :mad:

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No jon

 

My original post about this was asking why a DCA sends you a letter giving u 7 days till court action on first contact.

 

Thats what i want aswering other than the fact is this type of action legal.

 

I did say this in post number 425 which is the original post regarding this.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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They can issue when they like but if the court learns that they either haven't attempted to negotiate or given you less than 14 days to respond the court won't be happy

 

They are expected to give you at least 14 days to respond - the same as with a default

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No jon

 

My original post about this was asking why a DCA sends you a letter giving u 7 days till court action on first contact.

 

Thats what i want aswering other than the fact is this type of action legal.

 

I did say this in post number 425 which is the original post regarding this.

 

GODMOTHER

ANOTHER GOLDEN RULE TO REMEMBER:

these companies do not 100% use the royal mail to deliver letters : probably use uk mail :who virtulalyy dump the letter in the local sorting office system .

 

so NEVER EVER THROW ANY OF THESE ENVELOPES AWAY becaus on the back there is a dates stamp to the left where the envelope entered into the royal mail system & and you have "not delivered by " evidence :grin:

:cool: sunbathing in juan les pins de temps en temps

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Well it is just hissing me off really that companys are allowed to do this and that they dont even give a thought for the law.

 

I know how the new chose who delivers your mail postal service works as i have family with royal mail. They charge these other companys a fortune just for them to recieve and deliver the mail for them. I think the law has not been changed for ppl other than royal mail to deliver your mail to your door.

 

Oh i cant wait for this to kick of then they will need to answer lots of questions first b4 this gets down to the fact thy are trying to get a CCJ on a SB debt and for a company i have not been supplied by.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Where has ONTHEBRINK gone?? :(

 

Come back soon :)

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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