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    • Alan Bates is in the Guardian today. Our Post Office victory is being twisted by those who don’t want to see its like again | Alan Bates | The Guardian WWW.THEGUARDIAN.COM Litigation funders didn’t ‘exploit’ subpostmasters, they helped us. Those who attack them have corporate interests at heart, says former subpostmaster...  
    • Appreciate your response BankFodder. I am aware that the Consumer Rights Act does not apply in my case as I operate a business and, instead, should rely on the Supply of Goods and Services Act and Unfair Contract Terms Act 1977. I was a little unsure as, when I read the judgement of Hashim Farooq v EVRi Parcelnet, July 2023 I presumed that,  as Farooq had supplied laptops through Amazon,  the Consumer Rights Act would not apply but the judge refers to it in Section 22 as to why the claimant should be given judgment. Have I read this correctly? The reason for not offering full reimbursement was because I did not take out insurance for the full value.  In regards to correspondence from my customer,  I have emails from her in my timeline stating that she was waiting all week and that no one attempted delivery.  I have no doubt that she will be willing to corroborate the events with a written statement.
    • When you post information here you will have to post it in single file multipage PDF format. Follow the upload link. However, it would be more helpful if you could simply answer the questions that we have put to you and we can deal with paperwork afterwards if we think we need it.  
    • I was trying to post all the paperwork that I have, namely facebook ad, messages between the seller and my son etc . But I'm getting the message that the files are to large. 
    • First of all please can you tell us the name of the seller, something about the van – age/year, mileage, price paid. How far away is the seller from where your son lives? Who do you take it to for this inspection? Are they prepared to give you a written list of the things that they found? This is very important and you may well have to get an independent inspection from somebody such as the AA. This will cost you some kind of feedback we expect that we will be able to help you get it back. I would say that if you have to bring a court claim – which is likely – then your chances of success are better than 95% but the difficulty might be enforcing the judgement against the seller. We will have to no more in order to give you better advice. Does it have an MOT? What is the date of it and who gave it the MOT? I suggest that you start taking pictures of all of the defects that you can find.   Also I am going to say that I believe that you came over from Facebook where you were already informed that we would need at least all of the information which I have requested above. It will save a lot of time and effort for everybody if you can simply come up with the things that we ask without too much delay
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi to everyone,

 

I have never done this before so bear with me.:)

 

I currently have 20k's worth of debt with 9 creditors, i have had bad credit in total over the last five years. i started with a company called eurodebt and they made my debt worse. Within the last two years i changed to CAB and i have been making token payments since then. I own a third of my house with my mum and my sister. On paper though it states i own half. I am on benefits as i suffer from depression and have done since i was a child i also now have an 8 month old child. My mum is registered disabled and doesn't want to sell the house. and neither can we remortgage as we would never be accepted and then it would add to the debt that i have already. My debt is unsecured and is one loan and the rest credit cards and overdrafts.

I have been told by the CAB not to rock the boat by asking for copies of credit agreements as my house will be at risk. This has been going on for a long time now and i just don't know where to turn. A member of the family offered me about £1000 to see if the biggest amount of debt, which is with Blair Oliver & Scott (Halifax) to see if they would accept it as a Full and Final Settlement. I did this along with sending them a copy of my medical history and they refused it. Which if they had accepted it would have been a big chunk of the debt out of my hair.

 

If i asked for copies of the agreements would i be rocking the boat, there is one creditor that i am paying to that i never had a debt with in the first place so i would like to know where they come from.

 

So i hope someone can help me.

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Morning stardust215,

 

Firstly welcome to CAG, and secondly get ready for some reading !

 

Dont worry about rocking the boat, at the end of the day you are only exercising your rights in establishing what can be done about your debt !

 

The key will be organisation and understanding what it is you are doing/asking, with each letter you send, if youre not sure of the advice you are offered here, ask again until you understand it !

 

Some basic guidelines youll do well to follow are, dont communicate via the phone ever, never sign your name on a letter, never acknowledge a debt until it is proven you owe it, always send letters via a recordable Royal Mail system, eg Recorded

 

Have a good read around the site so you start to understand the basics, and familiarise yourself with the main abbreviations, which initially for your circumstances i suspect will be SAR and CCA (Consumer Credit Agreement)

 

You may also find that there are reclaimable charges which will reduce your debts, and its not unknown for them to end up owing you money !

 

Be aware that it may be a long drawn out process, but its very empowering !

 

If i were you i would start a different thread for each creditor, in its appropriate place, giving a brief outline of what has happened to the account, eg when the agreement started, approx balance, whether a dca is involved etc, that way you will get accurate advice about each specific problem as its needed

 

Hope that helps some

Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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Hi stardust welcome.

I've been on here a while now and the advice you get is amazing everyone so heplful. my case is progressing well you really do need to read a bit though, you have so many rights and are protected in so many way from these companies that think you should do as they tell you. You will have a good outcome in the end. One f the pluses for me was when I defaulted AIC for not supplying a Consumer Credit Agreement on my account and i then stopped all payments as it became un-enforceable in law Yey. Good luck and feel free to message me, no worries

Regards Pat

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Hi and welcome to CAG.

 

I have been told by the CAB not to rock the boat by asking for copies of credit agreements as my house will be at risk.
This is complete rubbish. Are any of these accounts subject to a CCJ?

 

It would be useful if you could list each creditor/debt collection agency that you are dealing with and the rough amounts on each account (don't give exact figures) as well as the year the account was opened and the type of account (e.g. credit card, loan, overdraft, catalogue account).

 

Also do any of these accounts have penalty charges on them e.g. late payment fees, overlimit fees that you could claim back against the account? And if so do you have any idea of the percentage of the balance this would be?

 

In order for you to deal with this properly and to receive advice on each account and how to go forard I think the best idea would be if you started a thread on each account, giving the information I have asked for. This will mean that you don't get confused about what you are doing with each account and will make it easier for people to help.

 

You should post your threads in either the Debt Collection Industry Forum or the General Debt Forum depending on whether or not the account is with a debt collectors or not. If you don't know how to do this or are just looking for some help with using the site have a read here

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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I would like to say thank you to all for the advice:).

 

I will now go back through my paperwork and find out what is what and then post a new thread on the debt forum.

 

Thank you this has given me a little bit of hope, it's just you get so many people telling you not to do this or that and then they constantly remind you that you will lose your home, that suddenly you feel totally alone and have no idea where to turn, so i really appreciate this thank you again.:)

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