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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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    • Nicky Boy
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By Nicky Boy · Posted

      The only way to verify whether there is any financial reward for the management is seeing the agreement. That would be required during disclosure IF court proceedings went ahead... Unless you could bring pressure to bear and get a copy?
    • dx100uk
      Iva with Hanover now been passed to credit expert

      By dx100uk · Posted

      god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Alfy
      Iva with Hanover now been passed to credit expert

      By Alfy · Posted

      Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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.

Me Vs Lowell Financial / ***WON WITH COSTS***

Shawn0109

By Shawn0109
in Legal Successes

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rory32

rory32

Posted
Posted

There's always been a lot of tension between Lois and me, and it's not so much that I want to kill her, it's just, I want her not to be alive anymore. ;)

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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Shawn0109

Shawn0109

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Wow thats a bit nerve racking never much of a public speaker. whats the email then? Do I just email with my story or do I have to call in or what? I'm not going to say too much though if it's calling in dont want Lowells listening in which they might. I'll have to think about it and get all my words right.;)

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hillards

hillards

Posted
Posted (edited)
dont want Lowells listening in which they might.;)

BBC Radio Leeds - right on their doorstep! Less than a mile and a half from Lowell HQ

 

Worried about them listening? They could have already read everything you've put on here anyway...

 

The Beeb seem to be taking hassle from debt collectors quite seriously at present, so why not tell your own story about their nasty tactics and what you had to do to stop them?

 

see also http://www.consumeractiongroup.co.uk/forum/announcement.php?f=167&a=149

Edited by hillards

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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JonCris

JonCris

Posted
Posted
You are obviously unhappy with Lowell, and I would agree that they should remove any default relating to your case, as orderd by the judge.

 

The point I was making is that the original creditor (Capital One) can issue a default as the debt, owed to them in the first place, still exists. It's just that nobody can enforce action. You have never disputed that, in which case they would have persued a fraud case.

 

Despite you saying that without a CCA there is no debt, Capital One could probably prove that you made payment on the account at some point - therefore the account, and in turn the debt, exists.

 

Hope you can see where I'm going with this, and that some people could easily get the wrong signals.

 

You also need to be careful with direct comments against the company you dealt with... They do read these forums, could probably identify you from the details given to date, and request that a judge ask you to confirm how you know their director takes part in the Scottish pastime involving cabers...

 

Hillards as to whether an unenforceable debt can be registered as a default Legal opinions differ from those who agree with you to those who do not. There are those, of whom I'm one, who consider continuing to default such a debt as a form of enforcement which as we all know is a strict no no in the eyes of the OFT amongst others.

 

In other words whilst the debt is not void the creditor can only 'politely' request you pay & even then the frequency & manner of their requests must be reasonable otherwise they commit the offense of harassment......and risk losing their consumer credit licence

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noomill060

noomill060

Posted
Posted

hillards- you need to be careful making sweeping statements as fact. They are your opinons, nothing more.

 

Creditors issue defaults like confetti. Why? Because they can and because few people realise they can challenge them, they can get away with it.

 

This has resulted in it becoming "industry practice".

 

Like the 6 years they claim to be able to show the default on your credit file- there is absolutely no legal basis for this, its just "industry practice".

 

Many people have challenged this with the ICO who have never ever given a shred of solid evidence as to the reason. Because there isnt any.

 

There have been mutterings about parallels with the 6 years within which time an action for a tort can be brought, but nothing ever really holds water, and they never claim there is any law to back it up.

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hillards

hillards

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...whether an unenforceable debt can be registered as a default...

The point I was making was that the DCA CAN NOT uphold a default, as it's been proven they don't have anything to enforce the alleged debt, so should not be processing any data related to it. The judge agreed with Shawn on that point.

 

On the other hand, the OC CAN issue a default, usually before passing to a DCA, which would be more difficult to have removed. Lots of people discover two defaults for the same amount when they check their credit status, which is wrong anyway, but happens too often to be a simple mistake.

 

It would usually be the case that the OC would not request any payment anyway - which agrees with what you say. I would certainly make noises towards the OFT if they even tried.

 

I know there are differing opinions about this, but I've yet to hear of a default being removed in those circumstances. The OC retains the right to process the data as an account in default, and that would stay ?

 

If I'm saying anything incorrect I would be glad of correction (no, put the whip away!) but all this info is gleaned from the various cases I've followed on CAG.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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noomill060

noomill060

Posted
Posted

In my experience, financial institutions will only act only when under direct threat of having to explain themselves to a judge.

 

In other words, when you have taken legal action against them and they have to do something or face the music.

 

In other words, when you have them by the b@lls, their hearts and minds will follow.

 

Template letters explaining the law to them are useful, it lets them "know that you know". They also educate the sender, who probably didnt appreciate that the law really does work both ways and can be used in the consumer's favour.

 

Get your PoC right and the DCA will be only too happy to remove a default and give you money to make you go away.

 

But only if you are prepared to drag them in front of a judge. Write all the letters you like, but there is nothing like a hearing date to concentrate the mind.

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hillards

hillards

Posted
Posted
hillards- you need to be careful making sweeping statements as fact.

:-?

They are your opinons, nothing more.

I'm not aware that I have said otherwise, and have yet to see what was wrong with the information itself. I've not mentioned anothing about how many years, there was no argument about that?

 

I know that defaults are issued for the smallest reason, sometimes without any substance in cases where they have chased the wrong person - which happens. Sometimes for stupid amounts that cannot really be worth chasing.

 

I had a utility supplier issue a default and then obtained a charge on a property I had only been renting - for an account that was for all of £9, plus hefty charges, from after I had moved out. Nobody lived there for a couple of weeks, as the landlord was doing the place up a bit, so they 'assumed' I had still been there until the time the new tenant moved in - despite my letter to them at the time.

 

Of course, the default and eventual charge notification where sent to that address, not my new one, and the new tenant had just binned any post. It took ages to sort that out, once I knew about it, so I am well aware of how difficult is can be to tackle an incorrect entry. My case was helped greatly by the landlord providing evidence, especially as it was he who discovered the charge on his property!

 

Get your PoC right and the DCA will be only too happy to remove a default...

And the DCA should remove a default when it's shown they were not entitled to be processing the subject's data under the DPA - that was stated in Shawn's case, and I've never gone against that as something to insist on.

 

Again, I pointed out that the Original Creditor was the issue, as they could have a default that would prove more difficult to tackle.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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hillards

hillards

Posted
Posted
Agree with you 100% hillards. They throw their weight around as if they doth stride the world a mighty colossus, and need to be brought down a few pegs.

I'm now very confused confused.gif as to what it was I said that started this...? ne_nau.gif

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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JonCris

JonCris

Posted
Posted
hillards- you need to be careful making sweeping statements as fact. They are your opinons, nothing more.

 

Creditors issue defaults like confetti. Why? Because they can and because few people realise they can challenge them, they can get away with it.

 

This has resulted in it becoming "industry practice".

 

Like the 6 years they claim to be able to show the default on your credit file- there is absolutely no legal basis for this, its just "industry practice".

 

Many people have challenged this with the Information Commissioners Office who have never ever given a shred of solid evidence as to the reason. Because there isnt any.

 

There have been mutterings about parallels with the 6 years within which time an action for a tort can be brought, but nothing ever really holds water, and they never claim there is any law to back it up.

 

 

Correct It's the same flawed argument that they use when supplying data under the DPA "we only have to provide data going back 6 years"

 

This is rubbish, they have to supply all of the data they hold going back as far as it's takes. If you had an account for 10 years & they have kept the data then they are required to supply it

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