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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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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HELP! i am new too this red debt collection service


storey79
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hi i'm new to all this . i recieved a letter this mornin from red debt collections stating they were working on behalf of lowell portfoil Ltd. stating that i owed the sum of £418.57 ! naturally i rung them as i did have a debt for this amount a fewe years ago and arranged a payment plan with them havin thought after i thought i would google them too see wot was the general concencous on them having read these threads etc. i'm worried ive aknolgded the debt is this rite and if i havent can anyone give me any advice thanks james

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Hi,

 

Red Debt and Lowells are the same company.

 

NEVER SPEAK TO THEM ON THE PHONE!

 

Did you put anything in writing re the payment plan?

 

Cancel any payment that you may have set up.

 

Red/Lowells are well known on here and specialise in attempting to collect unenforceable debts.

 

What do you think the debt is for? Credit Card? Overdraft? And how old is the debt?

 

You should send either the "Prove It" letter or request a copy of the Consumer Credit Act Agreement (CCA).

 

Give us some more info so you can be directed more.

 

Hope this helps

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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i had a phone with 3g in 2005. was glad when the contract ended.

 

got letter in august from lowell and red demanding £65. my credit file even showed as account settled in 2005. told them i am not paying anything to them. they then changed the credit file to defaulted!!!!!!

 

am livid told them i am going to charge them £25 quid for each letter i have to send back to them. they have now said they will write the debt off.. am still going to go after them for the £100 in letters and compo for them altering my credit file..... any other info recieved will be greatful...should i report them to the f.o?

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i had a phone with 3g in 2005. was glad when the contract ended.

 

got letter in august from lowell and red demanding £65. my credit file even showed as account settled in 2005. told them i am not paying anything to them. they then changed the credit file to defaulted!!!!!!

 

am livid told them i am going to charge them £25 quid for each letter i have to send back to them. they have now said they will write the debt off.. am still going to go after them for the £100 in letters and compo for them altering my credit file..... any other info recieved will be greatful...should i report them to the f.o?

 

Hi...can you post it here that £25 charge letter as I'm preparing documents for my battle

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A CCA request is no use for a mobile phone agreement. Instead send them this. Above all things NEVER speak to them on the phone. As you have discovered they are bullies and will lie and trick you into paying a debt which they may not even be able to prove belongs to you. Never ever give them your bank details

 

Dear Cretins

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

Please note that if you continue to telephone me at my place of employment I will rport you to the OFT as this is a clear breach of the OFT Guidelines on debt collection. As your company are also members of the CSA you are required to abide by their Code of Practice and failing to do so could render you liable to prosecution under the Consumer Protection from Unfair Trading Regulations 2008

Yours etc

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