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    • Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person.
    • Good morning,    I just wanted to update you on the situation.    I have visits piling up with my current employment and they need doing before I finish at the end of this month.  I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷‍♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past.   I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications.    I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash.   The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs.  My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off.    Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks.  It is awaiting being assessed and shouldn't be too long, which is a relief.  I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly.   However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick.  and this is going to affect any offer of money - after hearing the first statement this didn't affect me.   They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300.  I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them.  The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer.  Markerstudy records state that it was sold at auction, no record of repair at an approved repairer.  I bought it bank transfer with hand written receipt.    It gets worse.    It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why.  If I had hit that car head on and had no airbags.    Some good news.    I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed.   The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good.  So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read.   I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy.   I may need an xray on my back and neck.  The whole situation has left me feeling physically sick, drained and I need it done.   The lesson learnt from this  -  My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible.   Get a dashcam (searching now for the best I can afford at the moment)  -  Research your insurance company before you buy  -  Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle.      Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated.  You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late.  I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel.    Take care
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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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marlin financial services


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todays the day:D

 

although saying that they can produce anytime they get hold of something that they feel is a valid agreement, the debt does not vanish if they cant produce the agreement it just means they cant collect it.

 

you are now within your rights to stop any payments if any are being made, and I would also write to them stating that due to the time limit expiring the account is now in serious dispute, then ignore all letters etc until you either get a letter saying account passed back to the OC or a letter accompanying a credit agreement.

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hi PGH7447, thank you for getting back to me,is there a template letter i can send them,and if they do send a letter with the credit agreement how do i deal with it after today,many thanks for all your help,vincent.:)

 

 

 

i forgot to ask if i recieve any recorded letters off them do i refuse them at the door....??,thanks.vincent.

Edited by jakesdaddy22
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Dont think there is a template letter,

 

Try this

 

Dear morons

 

On *Date* I made a lawful CCA request to *Company Name* which you acknowledge on *Date*.

 

As the time scale for such a request is now passed I consider this account to be in serious dipsute and that any further attempts by *company* to collect said debt will be vigourously defended in court, and take note I will also report *company* to the relevant authoritites which would include but not be limited to TS / OFT / FSA.

 

Until such time as my lawful request is complied with I would remind *Company* that processing of my data is unlawful and that any attempts to pass my personal information to a third party without my consent would be reported to the Information comisioners offoce.

 

blah blah blah

 

---------

 

If an agreement does turn up later we can deal with it then, they basically can provide this agreement any time within the next 6 years.

 

If you get a recorded letter just sign for it, it would only contain an agreement if anything, there is nothing else they can do now.

 

I have been waiting for 9 months for one company to even acknowledge a CCA request, but cant be arsed to tell them :D, the longer it goes on the closer to 6 years it gets

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  • 2 weeks later...

hi PGH7447,i have a card in my door with a slip to collect a registered letter from marlin at the local post office. what do i do know,should i collect it or ignore it, or is there a template letter to send them, or am i in a mess again. it is way past the 12 days isnt it.many thanks for all your help,vincent.

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Yes. If they can't produce the original credit agreement (signed by you) then they can't enforce. They can phone you but other than that there's not much they can do. They only have one solicitor and one barrister they both work part time (you can find out more info via The Law Society). Other than that they have a few legal execs. The company directors also have a company called Black Tip (this is on the net too).

 

The original creditors (banks for example) may or may not send them the original credit agreements. If they don't send them getting hold of them is sometimes really hard for the company that's bought the debt. You could also try asking for a subject access request so they will have to send you all the info they hold on you and this is very time consuming for them. Hope this helps.

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hi pgh7447 and aussieguy,its just a letter asking me to contact them with the threat of taking me to court if i dont.should i just ignore it,or send another letter........?

 

how do i send a subject access request is there a template letter and do i have to send them a fee......?,thanks for all your help both of you.

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wait for you agreement

 

the reason ime asking these questions is that i know marlin by up car credit agreements that are worthless when challenged, yes car for instance

 

when you get the agreement, post it on your thread, minus personel details.

 

marlin are at the bottom of the pile as dca wont touch them

 

but i need to see the agreement.

 

to post your agreement, google photo bucket, its free

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as they are in default of your cca request, ignore

send a letter back to marlin by recorded delievery,

tell them they are in default of your cca request and untill they comply, any form of harrasment is an offence under the addministration of justice act and an offence under the new unfair trading regulations

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Hi

 

If they can't supply you with the original consumer agreement signed by you then them taking you to court is going to be pointless. Their offices deal with bulk cases. That is, they won't take you to court themselves in any case. They will outsource to an agent. They sue in bulk through Northampton court bulk centre for which they have software. Basically all they are sending you are standard letters. If they do produce the original agreement and you get a summons from the court you should request that the case be heard in your local court. You should be able to find templates for this on government websites.

A subject access request is just a request for all the data they hold on you. It does cost £10 though. I think you can ask for one of these if the original agreement was a credit agreement. They will have to send you copies of all the letters they have on their file - this may not be a paper file it may be a computer file. Also, a copy of their conversations with you or logs of what they have done on your case. I don't think you need a template you just write and ask and send the cheque but make sure you make it payable to the correct person: Marlin Financial Services.

 

Hope this helps

Aussieguy

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HI AUSSIE

 

general rule to remember

 

cca request to the dca

 

S.A.R - (Subject Access Request) to the original creditor

 

dca normally have squat on you, not even an agreement

 

jakesdaddy

 

if they have the agreement, post it on your thread minus personel details

use photo bucket, its free

 

i have delt with marlin before, and a lot of agreements they handle dont come up to scratch

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  • 4 months later...
  • 1 month later...

Hi there, I do hope that you can assit me. I recieved a letter from Mortimer Clarke Solicitors acting on behalf of Marlin. They say that I have an outstanding debt to 'credit acceptance' of £7155.52. I took a car out on Hire purchase 7 years ago from credit acceptance. I fell into financial difficulties, as a result of this the company came and took the car back from me. I did not hear anything from them until now. Can you advise me as to what I can do, because this does not make any sense to me.

 

Kind regards

 

Joshua

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