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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • honeybee13
      Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form

      By honeybee13 · Posted

      Well done.   Please let us know how it goes or come back with any questions. HB
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      Incorrect as the debt will have been legally assigned to the DCA and they are therefore now the legal creditor. Read up on debt assignment.   Andy
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      Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form

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      Thanks Man in the Middle and everyone it's greatly appreciated form was filled in online yesterday now just have to wait and see
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      By jk2054 · Posted

      Hi,    I'm almost done. One question is should I include a header with " Claimant's Trial Documents" or something similar and include a copy of my WX from the trial since that has the claim form defence and documents that were relied upon at trial so that the judge can see that? or should I assume they will already have those documents on the file and so simply include a short statement of case to show the case I intend to prove at the appeal should permission be granted. Since I've made a shorter concise statement of case setting out what I intend to prove at an appeal hearing I'm thinking maybe removing the header of "Documents/Exhibits for use for Permission to Appeal   " since the permission to appeal focuses on the grounds of law and so I'm thinking of just having   Appellant's documents Statement Of Case Skeleton Argument    Then a seperate category named Trial Documents Claim Form Defence Claimant's Witness statement Exhibibts to Claimant's trial witness statement   I'm wondering you think would be better, only because I don't reference a single exhibit in my appeal statement of case since I am just explaining the undeveloped points of law around why the judge is wrong since the  statement only focuses on permission, not the outcome of the appeal so there is no reference to any exhibits?   Or should I just remove exhibits and not add trial documents or exhibits on the understanding the judge will already have the trial documents and that if permission is granted I then include them in my appeal bundle.   Thanks   N/B My statement of case doesn't have the claim form or defence or any witness staements in. it is simply a short 4 page document setting out the claim history and the points I intend to prove at the final appeal hearing should permission be granted.
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

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      Tory MPs didn't expect a July GE - and now they're furious. Tory MPs didn’t expect a July general election – and now they are rightly furious | Henry Hill | The Guardian WWW.THEGUARDIAN.COM Sunak’s party has plunged into a short campaign without a plan, says Henry Hill, the deputy editor of ConservativeHome  

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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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Rockwell threatogram ouch!

Patma

By Patma
in Debt Collection Agencies

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The GodMother

The GodMother

Posted
Posted

so hang on how if it does not have to contain your name address and signature then how can they say it is yours?

 

For all you know is it could be the bloke 3 towns away.

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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Patma

Patma

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so hang on how if it does not have to contain your name address and signature then how can they say it is yours?

 

For all you know is it could be the bloke 3 towns away.

That's what's worrying me too. I'm hoping someone with a good understanding of the all this can clarify it, because I found the OFT letter very confusing.

The other thing that worried me is that they still seem to think it's an offence after 30 days, not to come up with a CCA.If the OFT doesn't know the law, where does that leave us.

On the bright side, they are at least showing a spark of interest in Tessera (and it's various pseudonyms acitivities).

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rory32

rory32

Posted
Posted

They are quite right in stating that the copy doesn't have to contain your name, address or signature. What they are also quite right in stating however is that the agreement can not be enforced without these elements as they could not demonstrate that what they have supplied is indeed a true copy of the agreement.

The other thing that worried me is that they still seem to think it's an offence after 30 days, not to come up with a CCA.If the OFT doesn't know the law, where does that leave us.

What you've received from the OFT is a standard template letter which they obviously haven't updated yet.

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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Patma

Patma

Posted
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Posted

Thanks Rory for that explanation. I think I'm having a senior moment tonight, though because I'm still confused a bit about what use a copy agreement could be without the name address or signature on it.I don't understand how it can be acceptable to provide a copy without those details, yet it be unenforceable. Sorry to be a bit thick. Probably time to put the kettle on.

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Patma

Patma

Posted
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Posted
What you've received from the OFT is a standard template letter which they obviously haven't updated yet.

 

Doesn't this speak to the OFT's commitment to protecting consumers and regulating holders of consumer credit licences?

 

It certainly doesn't inspire confidence, I agree.

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rory32

rory32

Posted
Posted

Thanks Rory for that explanation. I think I'm having a senior moment tonight, though because I'm still confused a bit about what use a copy agreement could be without the name address or signature on it.

It's of absolutely no use.

 

Don't confuse complying with your CCA request and providing an enforceable agreement - the two are not the same at all.

Doesn't this speak to the OFT's commitment to protecting consumers and regulating holders of consumer credit licences?
Hopefully they will actually do something with the CPUT Regs. Next to TS the OFT positively shine.

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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Patma

Patma

Posted
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Ah! The penny drops, thanks Rory. DURRR!

 

Hopefully they will actually do something with the CPUT Regs. Next to TS the OFT positively shine.

Yep, I was pretty surised that they actually took any notice of my complaint, but the template letter must have done some good.

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  • 2 months later...
Patma

Patma

Posted
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Posted (edited)

Happy New Year to one and all!:)

Another year, another DCA

Ont the 29th December I received the following threatogram. Notice it is dated the 23rd and it gives me 5 days to respond. It was sent by second class post.

 

I was under the impression also that they weren't supposed to invite you to pay a debt with a credit card.

 

Does anyone know please whether this means the debt has been sold to this crew or whether they're just collecting it.

 

I guess I'll send them the usual letter about being surprised the debt has been passed to them when it's in dispute with the original creditor. Any other suggestions and comments would be much appreciated. Thanks, Patma

 

DCAletterMSamended.jpg

Edited by Patma
left personal details
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SkemDosser

SkemDosser

Posted
Posted

Patma:

 

Happy New Year to one and all!:)

Another year, another DCA

Ont the 29th December I received the following threatogram. Notice it is dated the 23rd and it gives me 5 days to respond. It was sent by second class post.

 

SD:

 

Hi Patma I'm going through the same thing with Rockwell over 2 M&S accounts myself. No CCA's provided, accounts in dispute and Rockwell/Fenton Cooper/M&S effectively told to bog off.

 

So I can probably look forward to a similar letter from these jokers myself in the next couple of days. Because it's been passed on so quickly to another DCA they clearly DO NOT have anything close to an enforceable credit agreement. So I'd be inclined to either ignore this rubbish or just send them a three line letter telling them to go play with the traffic, and use any subsequent correspondence from them to make nice chinese lanterns out of lol

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sillygirl1

sillygirl1

Posted
Posted

Id write back stating

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

This debt has been in dispute4 since XXX date. No clear legible LEGAL copy of an agreement has been supplied.

 

A copy of your letter is going to the relevant authorities as I have no liability for this unenforceable debt.

 

Remember not to sign the letter, and send it second class, as you might have their fax no fax it to them and also see if there is an email addy and email it to them as well.

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Patma

Patma

Posted
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Posted

Thanks for your input SkemDosser and Sillygirl. I agree with you both and will send the appropriate letter. I'm still wondering if it's worth reporting them to the OFT or TS for their letter which doesn't seem to me to be within the OFT guidelines. I know it's probably a waste of time, but eventually someone has to take notice and do something about flagrant breaches surely. Or am I just in cloud cuckoo land?

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cashins

cashins

Posted
Posted
Thanks for your input SkemDosser and Sillygirl. I agree with you both and will send the appropriate letter. I'm still wondering if it's worth reporting them to the OFT or TS for their letter which doesn't seem to me to be within the OFT guidelines. I know it's probably a waste of time, but eventually someone has to take notice and do something about flagrant breaches surely. Or am I just in cloud cuckoo land?

 

Bit of a mute point:

 

If you do complain, it may not get anywhere.

 

If you don't complain it certainly won't get anywhere.

 

David

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  • 2 weeks later...
Patma

Patma

Posted
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Posted (edited)

Well before I'd even got around to sending my reply to the first letter from Collect Direct along comes another.

I 'm now supposed to be quaking I guess.

 

COLLECTDIRECT2009AMENDED.jpg

Edited by Patma
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fiftypence

fiftypence

Posted
Posted

Oh dear your five days are up today - what are you going to do? Proceed straight to jail you naughty rogue debtor! :D

 

'may be passed to a PRIVATE INVESTIGATOR', 'examined under oath', 'may make a Land Reg search', 'above action may be taken against you' blimey I bet the M, A and Y keys of their keyboards are knackered!

 

Singed by R King - that's a typo, his first name is Wan.

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cashins

cashins

Posted
Posted

'may be passed to a PRIVATE INVESTIGATOR', 'examined under oath', 'may make a Land Reg search', 'above action may be taken against you' blimey I bet the M, A and Y keys of their keyboards are knackered!

 

Curiously enough their website actually has a picture of what appears to be a worn out keyboard, an option to pay 'if you have received correspondence from us' and that's about it.

 

Don't think you have to much to worry about.

 

David

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davey77

davey77

Posted
Posted

Patma, your personal details are still showing on post 43. Might want to remove that.

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:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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davey77

davey77

Posted
Posted

No worries, made the same mistake more than once on here myself. You'll know it's raining cats and dogs then being down here so no good me asking if it's sunny there at the mo :)

 

Roll on summer!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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The GodMother

The GodMother

Posted
Posted
Singed by R King - that's a typo, his first name is Wan.

 

 

love it.

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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