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    • ACI are part of the Perch Capital group along with TM legal.  
    • Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
    • You can easily argue your case with no sign on the nearest parking sign
    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
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      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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New here and need advice please


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I have two problems that I hope someone can help me with

 

1) Capital One

I took out one of their credit cards in 2006, it had a limited of £200 and I had to put the £200 in first so therefore just able to use the money I had deposited. My bank offered me an upgrade on my account complete with overdraft and so decided to cancel my card with Capital One as I felt it was useless to me (March 2007). I had spent £196 of the £200 and told them to keep the change:p

However imagine my shock when I got a letter last Friday from a debt collector saying I owed Capital One £596 - I have written to them to ask for details but in the meantime (just by chance) my internet provider AOL suspended my account for non-payment, when I called them today I found out they had been taking payments from the Capital One card (up until April this year)

I don't understand this (apart from the fact that I do not have broadband and would not be subscribing to AOL for that service) I don't understand how Capital One can make payments on a card that was cancelled, transactions that would take me over the £200 limit and a card that would have expired last year anyway. Does anyone have any advice or had this problem before?

Second Problem

 

Npower

 

This will be short. Rented out a flat, at end of lease notified Npower giving final readings. Last payment came out by direct debit with 'final payment' printed on statement. Two months later receive letter from landlord enclosing Gas and Elec bill for period AFTER I left flat. Sent back to landlord to inform them to pay it as its their bill (although still in my name). Got in touch with Npower to notify them, they in turn sent it to debt collecters, sent debt collecters proof that I did not owe the money giving full details of landlord to them, got letter from debt collectors thanking me and said full investigation is underway and I will not hear from them again, got letter in this week from firm of solicitors who are taking me to court for outstanding amounts! .. Help!

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I have two problems that I hope someone can help me with

 

1) Capital One

I took out one of their credit cards in 2006, it had a limited of £200 and I had to put the £200 in first so therefore just able to use the money I had deposited. My bank offered me an upgrade on my account complete with overdraft and so decided to cancel my card with Capital One as I felt it was useless to me (March 2007). I had spent £196 of the £200 and told them to keep the change:p

However imagine my shock when I got a letter last Friday from a debt collector saying I owed Capital One £596 - I have written to them to ask for details but in the meantime (just by chance) my internet provider AOL suspended my account for non-payment, when I called them today I found out they had been taking payments from the Capital One card (up until April this year)

I don't understand this (apart from the fact that I do not have broadband and would not be subscribing to AOL for that service) I don't understand how Capital One can make payments on a card that was cancelled, transactions that would take me over the £200 limit and a card that would have expired last year anyway. Does anyone have any advice or had this problem before?

Second Problem

 

Npower

 

This will be short. Rented out a flat, at end of lease notified Npower giving final readings. Last payment came out by direct debit with 'final payment' printed on statement. Two months later receive letter from landlord enclosing Gas and Elec bill for period AFTER I left flat. Sent back to landlord to inform them to pay it as its their bill (although still in my name). Got in touch with Npower to notify them, they in turn sent it to debt collecters, sent debt collecters proof that I did not owe the money giving full details of landlord to them, got letter from debt collectors thanking me and said full investigation is underway and I will not hear from them again, got letter in this week from firm of solicitors who are taking me to court for outstanding amounts! .. Help!

Just bumping this for you Ktker :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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I took out one of their credit cards in 2006, it had a limited of £200 and I had to put the £200 in first so therefore just able to use the money I had deposited.

Is this a prepaid credit card e.g. it doesn't actually give you credit you have to put money on it before using it?
got letter in this week from firm of solicitors who are taking me to court for outstanding amounts! .. Help!
The landlord is responsible for paying this bill -or whoever used the gas and electricity. If you have evidence of this final payment you have nothing to your about. I would just write to the solicitors (get proof of posting or even better send recorded delivery) enclosing proof and copies of your previous correspondence with the DCA and their response.

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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Thanks Rory - it was a card Capital One were doing for people wanting to help with credit rating. All I can remember of it was a card that was only able to have a limit of £200 and when signing up for it was asked to deposit the £200 first and was only allowed to spend the £200. I had a statement every month that showed my balance and I had to pay £4 per month fee and £1 insurance. I have checked their web site and the card/deal is no longer advertised. I will write to the solicitor today regarding Npower.

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Guest forgottenone

Yes, I dimly remember this offer from Capone. Just some ideas but is it possible someone else obtained your details, has been using it? I know you mentioned you lived in a flat ... Reason I mention that, is because some landlords, or other tennents moving in afterwards will open mail to previous tennents - yes, I know it's illegal, but regardless it goes on - and, in my own experience, they often go into your flat when you aren't in. Not saying that is the case here, but you've suddenly been landed with a huge bill from somewhere. But also the card has been used to pay AOL broadband. Was this around the time you lived at the flat you got the card?

 

If you weren't living at the flat when you had the card, then my apologies. But if you were, then the 2 things are rather coincidental if you ask me. Particularly if that landlord was prepared to ensure you paid a bill that wasn't legally yours after moving out. When, if they abided my any tennency agreement if one existed, they know perfectly well they should not be doing. But regardless did so anyway. You moved out = no longer your responsiblity anymore.

Edited by forgottenone
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Guest forgottenone

my internet provider AOL suspended my account for non-payment,

 

So you were a previous customer of theirs, then? :confused:

 

Also, did you use the Capital One card to pay for AOL at all? Just another avenue as they may have just continued to take payments off regardless. It happens, even though it shouldn't. And you've only just found out now.

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I had the card when in flat and used it to make four payments to AOL Broadband. I cancelled the card prior to moving to new flat. The new flat was all cable with no BT phone line, so called AOL and cancelled broadband as they could not supply it. I did not hear from either Capone or AOL again and did not even think about it again until last week when I received letter from CapQuest. the card expired July last year but they have still been allowing AOL to take payments until april this year! So I am guessing, 1) they did not cancel the card, 2) they have been adding on AOL payments to account, 3) they have been adding charges and interest and 4) they renewed the card on July last year. Both flats are rented out and I have had someone take all my tesco vouchers (40 quid worth) that was sent to the first flat - so someone was opening my mail. All a bit of a mess:evil:

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Guest forgottenone

Sorry did not respond sooner been out. Having fun and games with Capone myself right now. So, they possibly didn't cancel your card like you said. High probability TBH. Too much of this going on in companies these days. If you cancel something it should get cancelled. Immediately. Not a year or longer afterwards. Ah, but it's all computerized ... therein lies the problem. Too much reliance, where human intervention worked perfectly well before such systems came along, seemed to be more efficient oddly enough and didn't rely on 'our systems update 24 hours' until midnight for things to get updated.

 

Try not to despair you are in the right place. Had experience of what you are saying about mail, landlords ... know exactly what goes on. My only wish is that it didn't, people weren't put through this pain, this heartache when it simply shouldn't be.

 

But, like I said, you will get help through here. I know I'm not coping well with it all, but that's just because of events in my life last few years, which have ground me into the ground, and other health issues. But you will get support here.

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Hi Ktker,

Was it this Capital One Credit Builder Card?

- just did a Google as I remember seeing it before. I haven't read the thread, but maybe it will help:

Moneysupermarket.com 'credit from scratch' thread

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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thanks for all your comments, looked at the money thread and it sounds like the same one but as I said before, capital one are not doing that same card anymore! Got another letter in today from Capquest offering to settle the debt to £276 payable inthree monthly installments - a generious offer - if I owed the money :???:

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Guest forgottenone

Can anyone help KtKer with this? Think it's clear they are in crisis, need assistance. Thanks.

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Hi,

Firstly, do you have a copy of the CCA (consumer credit agreement) that you had to sign to get this card from CAP1? it sounds like they have been borrowing money to you without your knowledge or permission.

Secondly dont be intimidated by the debt collector, deny that you owe any money to cap1 and dont let them bully you into any payments.

It sounds like its a balls up by cap1. write to them and tell them that you did not enter into any agreement to exceed the £200 limit so if they have continued to make payments its their problem and not yours.

tell them if they continue to pusue this alledged debt you will complain to the Financial services authority and the office of fair trading.

in the mean time tell the debt collection agency(in writing, dont deal with them on the phone) that the alledged debt is in dispute and you will only deal with cap1.

Ps the CAB can also help. Good luck.

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Hi all – thanks to all, it’s made me feel that I am not going insane! Xxorlsxx, I will take your advice and write to Cap1. Forgottonone, I’m sorry things are going bad for you but try and see the bigger picture. Debt is something everyone has and IMHO is not worth making yourself ill over. I know easier said than done x

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  • 3 weeks later...

Hi - thougth I would let you know how I got on, well received a letter from Npower who say they can't find the account number I quoted and gave me a form to fill out; name, address, account numbers, meter serial numbers, gas serial numbers etc and finally, If it shows that I am not a client of Npower and I would like to have them as my service provider then please call blah blah blah, in the meantime I am still getting threatning letters from Westcot.

I have received no reply from Capital 1 but their debt collector wrote again thanking me for my letter and insisting i deal with them on this matter. I have decide to ignore the lot of them as I am sick of wasting my time on this bunch of incompetants.

Thanks again for all your help.

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