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    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
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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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Welcome finance early settlement issues


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Hi,

 

Yes, I would think so, I'll try to find out.

 

Here's their website.......

 

http://www.itspublicknowledge.info/home/ScottishInformationCommissioner.asp

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Any idea who i report non-compliance to in scotland. Will it aslo be the information commissioner for scotland?
Yes, you report the matter to the ICO. Going down the route of taking a non compliance claim to court in Scotland doesn't really work I'm afraid.

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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Help on how best to fill details of claim section will be greatly appreciated pls... newbie

Summary on why i'm suing welcome:

  • Non compliance on Subject access request about 60days ago, although cheque now cashed.
  • Requested for an early settlement fig in Jan, got told it over the phone disputed the amount and request for breakdown and nothing received to date.
  • Requestig for a freezy on interest and refund on interest from Jan to date, as these have been suffered due to welcomes inability to produce a statement and early settlement figure.
  • Welcome claims the reason for the high settlement figure is due to missed payment, i can proof that i haven't missed any payment, a few late payments, but no missed payment.
  • Have never received a statement of account from welcome despite requesting for one over and over.
  • claiming any charges on the account - not sure of amount (again never received a statement or SAR request).
  • These thiefs has put a default on my credit file!!! want this removed, never received a letter to this effect and i don't believe i've ever missed a payment according to my bank record, a few late one, but non-missed.
  • Finally interest charged on acceptance fee

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Sorry to sound dim... but why can't i go down the court route in scotland pls? heard about applying County Court for an order to enforce compliance, together with damages at the discretion of the court. does this only apply in england?

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Help on how best to fill details of claim section will be greatly appreciated pls... newbie

 

 

Summary of my issues with welcome:

  • Non compliance on Subject access request about 60days ago, although cheque now cashed.
  • Requested for an early settlement fig in Jan, got told it over the phone disputed the amount and request for breakdown and nothing received to date.
  • Requestig for a freezy on interest and refund on interest from Jan to date, as these have been suffered due to welcomes inability to produce a statement and early settlement figure.
  • Welcome claims the reason for the high settlement figure is due to missed payment, i can proof that i haven't missed any payment, a few late payments, but no missed payment.
  • Have never received a statement of account from welcome despite requesting for one over and over.
  • claiming any charges on the account - not sure of amount (again never received a statement or SAR request).
  • These thiefs has put a default on my credit file!!! want this removed, never received a letter to this effect and i don't believe i've ever missed a payment according to my bank record, a few late one, but non-missed.
  • Finally interest charged on acceptance fee

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Hi Prudent, non compliance of SAR would be a complaint direct to Information Commissioners Office, you can download the complaint form from their website.

 

Have you done a section 78 request for copy of executed agreement?

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Hi Prudent (similar name - are we related? haha)

Just to bump it up a bit and say good luck, I'm sure someone will come along to help with your particulars of claim soon. Sounds like you have a strong case. I'm fighting them too and would never have made it without the great help on here. We will all stick together and help each other against these daylight robbers! Kind regards, P

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spoke to the info commissioner and they advised that it might be quicker for me to go through the court applying for a court order under section 7, i believe, as they have 10mnths backlog. what she couldn't tell me was whether this can be done in scotland as well as england

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Many thanks -letter before action sent off today.

 

Any idea if i'll be better off logging this in a court in scotland or use money claim online (which i believe is governed by english law). not sure of how true it is, but heard from someone that non-complainace on sar cannot be taken to court in scotland?

I actually live in scotland at the mo... but only just moved here from england 2yrs ago.

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I'm getting confused, here. Is this similar to CCA-ing a DCA? I have been assisted on my own thread , but if my DCAs aren't -or cant - comply with sending me a copy of my original agreement, must I now pursue them through the courts to do so? This seems awfully convoluted.

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I am at a similar point, about to take a creditor through the small claims process for refund of charges. Apparently, you make the application for the refund of charges or similar action and then, as soon as possible, make an incidental application for the supply of documents relevant to your claim.

 

As Rory says, the summary offence route under the Data Protection Act seems to be a waste of time in Scotland, an application for other documents may be possible as a stand alone request as the small claim form does offer you the option of decree or other order sought - although, I do not know if the supply of the original executed documentation may equally ineffective on its own.

 

Rory may well have the answer or the sheriff reasoning behind this issue, it does seem a point which is becoming increasingly problematic in Scotland, I have half a dozen creditors who have failed to comply with the SAR and same organisations unable to cough up an signed document all hiding behind the true copy legislation.

 

Hopefully Rory will be able to help, anyone know how to ask if he could advise?

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Hopefully Rory will be able to help, anyone know how to ask if he could advise?

 

 

I've pm'd Rory, hopefully he'll get back and help :)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I'm getting confused, here. Is this similar to CCA-ing a DCA? I have been assisted on my own thread , but if my DCAs aren't -or cant - comply with sending me a copy of my original agreement, must I now pursue them through the courts to do so? This seems awfully convoluted.

 

 

Its not the same, a SAR is a request to the original bank or creditor for info relating to your account. anything from your agreement, statements, transcripts of phone calls, letters sent back and forth etc. it costs £10 and is usually used to reclaim bank charges or ppi etc.

 

Hope this helps:)

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  • 2 weeks later...

hiya prudent

 

really sorry no one has come to reply, im not sure to tell you the truth, but i wanted to reply so it bumps your post up and maybe others more knowledgeable will now see your question and give you a positive reply

 

if no replies say by tomorrow give the red triangle at the left of your name and details area on this thread and a mod will come to see your thread to help

 

hope this is helpful laters angel x

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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I donlt think the smae rules apply as down south, i htink Rory had said on another thread that it's not wirth the effort and moneyclaim not avail in scotland.

 

Who did you send the sar too? is it passed 40 days?

 

ida x

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sent it to welcome finance on the 15.01.09. well over 40days... thinking of using moneyclaim with my mum's london address...

 

And they are still chasing, not only that they have also failed to supply an early settlement figure also requested for in jan... and the interest on this loan is enormous... so every day of incuring more interest counts...

 

i had sent them a 7days to action letter, of which i'm now drafting the court documents...just need to clear up the question above to know how best to proceed.

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