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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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    • Strider713
      EVRI have lost parcel £300 model kit

      By Strider713 · Posted

      I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      Sorry  Noted x
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      Just be careful with your language on what you post here - Keep it above board Lets see what you send to the big boss. 
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      I made that payment on 13th Feb, then it all went down hill. 

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

Taking a DCA to court ~ 21/11/08 ***Won in Court, with Costs***

berrylover

By berrylover
in Debt Collection Agencies

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berrylover

berrylover

Posted
Posted

I am court tomorrow, am taking a DCA to court for costs and damages as I believe the DCA persued and harrassed me when I was not the person who owed them the money. Just wondering if anyone can help me with the protocol. You call the judge Sir, right? Unless its a woman and then???? My hearing is scheduled for half an hour. What should I expect? Any help/advice/moral support would be appreciated.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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flyingdoc

flyingdoc

Posted
Posted

Moral support you can have in spades.

 

A suggestion though. take some time to visit the court and see if there are any public sessions you can sit in on. (it may pay to phone the court first as county courts sometimes sit in chambers which means no public allowed)

this should give you more idea of what to expect rather than going in completely blind

 

how you address the judge depends on what kind of judge they are

 

A Magistrate

(including District Judge)

Sir / Madam

A Circuit Judge

Your Honour

A Superior Judge

(Puisne judge or above)

My Lord / Lady

 

 

District judges sit in county court so you would address as sir/madam

 

From personal experience of going to county court, you have served your action - so the judge has all the information - he/she may read it to you or precis it so that he is sure he has things right.

 

He may then ask you some questions, or ask if you have anything to add. Dont completely reiterate your case - he should have read it. only answer the questions with polite and concise answers. dont elaborate unless requested to do so. Listen to the question asked and answer it and then stop talking.. you only have to watch judge judy (My wife is a fan) to see that people often talk themselves out of winning.

 

Have a clear idea of what you want the court to do.

 

certainly the judge said to me - so what are you asking for??

 

make sure you take any papers that you are relying on in your case to court and have them organised in a logical way so if you need to refer to them you can immediately turn to them. There is nothing more infuriating than standing waiting while someone shuffles through a pile of disorganised paper.

 

If you think you might need something - take it with you.

 

Better to have it and not use it than be asked for it and not have it.

 

Dress smartly - it may be obvious but you will gain more respect from the court if you dress appropriately.

 

get there in plenty of time. - dont be rushing and last minute - if you are late you will annoy the court and you will also be hyper flustered when you go in. Give yourself time to get in and settle down - dont arrive too early though otherwise sitting in the waiting room may cause your nerves to get worse.

 

If you have a friend that can go with you - then take them - moral support is very useful.

 

These are a few thought for you to consider - as I said based upon my own experience in county court (getting an order against a landlord who didnt want to return a security deposit)

 

Let us know how you get on and the very best of luck.

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jaxads

jaxads

Posted
Posted

Good luck - let us know how you get on :)

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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angel_1

angel_1

Posted
Posted

good luck - and good advice from flydoc

 

:) ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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berrylover

berrylover

Posted
  • Author
Posted

Thanks guys

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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fuzzybobble

fuzzybobble

Posted
Posted
I am court tomorrow, am taking a DCA to court for costs and damages as I believe the DCA persued and harrassed me when I was not the person who owed them the money. Just wondering if anyone can help me with the protocol. You call the judge Sir, right? Unless its a woman and then???? My hearing is scheduled for half an hour. What should I expect? Any help/advice/moral support would be appreciated.

 

Good luck. :) I hope you put down everything including the kitchen sink for your costs? I've read a few stories that a lot of judges are fed up with DCA's, and are quite happy to award the costs you claim without question. I think the only time they would question it, if it was really over the top excessive. But even then you'd just ask the judge to set an amount they thought appropriate.

 

Also if the DCA don't pay up in 14 days, send the bailiffs in. Costs about £85 to do it, but he DCA has to refund you that and the costs.

 

The more DCA's get hit by costs when they lose in court, the more careful the'll be in future to make sure they have a valid case before going down the court route.

 

This could save lot of people who don't discover sites like this one, a lot of DCA hassle and money.

 

Good luck for tomorrow, le us know in minute detail what happens. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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berrylover

berrylover

Posted
  • Author
Posted

Thank you FB. Am hoping I get a judge who can see what a slime bag company they are.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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berrylover

berrylover

Posted
  • Author
Posted

Thanks

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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berrylover

berrylover

Posted
  • Author
Posted

Thank you to everyone for the support, it means a lot to know you are all behind me.

 

:D

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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berrylover

berrylover

Posted
  • Author
Posted

You never know. lol

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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berrylover

berrylover

Posted
  • Author
Posted

Ok, I cannot say much about what happened (agreed I wouldn't), but what I can say, I WON!!!! Was awarded costs and DCA have until a week on friday to pay them or I can get the bailiffs in, lol. I am over the moon!!!!

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Is this ok?

Is this ok?

Posted
Posted
Ok, I cannot say much about what happened (agreed I wouldn't), but what I can say, I WON!!!! Was awarded costs and DCA have until a week on friday to pay them or I can get the bailiffs in, lol. I am over the moon!!!!

 

 

Wow that's fantastic news well done!

Have been checking this thread for news.

Hope you got a substantial sum. Go & treat yourself to something nice as a reward.

 

 

ITO

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