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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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    • spergen
      Friends LC Asset/Link Claimform - 2019 Barclaycard debt

      By spergen · Posted

      Ok, so just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!    In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says "As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings.  Within the stack of letters I found 2 from Kearns Solicitors,    02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed  1) A copy of the executed Credit Agreement, 2)  A copy of the terms & conditions 3) A copy of the varied terms & conditions applicable at termination / assignment, and  4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c)  (Would you like me to describe the documents attached?)   18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action. 
    • dx100uk
      Dwf letter Sainsbury’s

      By dx100uk · Posted

      well you made the cardinal sin by phoning these scammers at least once so their persistence could go on. however you are new so there you go. you never ever ever phone any of these likes of scammers on these fake schemes that seem plausible.  just like a DCA chasing any old debt .. they are NOT BAILIFFS and have  ZERO legal powers to actually do anything. dx  
    • Mkasd
      Dwf letter Sainsbury’s

      By Mkasd · Posted

      Okay understood now just based on personal experience how long does this go on for 
    • dx100uk
      Dwf letter Sainsbury’s

      By dx100uk · Posted

      civil recovery schemes run by the likes of RLP DWF etc etc are a scam. totally IGNORE EVERYTHING. no if's or but's dx  
    • Mkasd
      Dwf letter Sainsbury’s

      By Mkasd · Posted

      I’m 17 years old and Received 2 letters from dwf with my name spelt wrong and they are asking for for £230.40. I rang dwf civil recovery the first time upon taking advice from citizens advice to explain to delay to deadline as I was in the process of receiving advice which wasn’t much help. When that deadline was done I then called again to delay the deadline as I’m struggling financially and it’s lot of money they are asking for and I tried to dispute the cost to which they said okay we will delay it another 7 days for you to dispute the cost but I asked them how do I dispute this to you or Sainsbury’s and they said “we can’t advise you on this matter” I’ve read a lot of threads saying to ignore them but I was unsure now as I’ve made contact and have tried to dispute the payment and pay it which might mean I have admitted. Would they just persist harder and take me to court eventually or file for a ccj.   I would like to ignore them still but I would like to send a strong email so they know I’m clued up and then ignore them. I also want to pay the reasonable amount and get this matter solved. any advice on the law or similar situations are helpful when I called them I asked for an itemised bill. £101 stolen goods  ( supposedly caught me because they watched me on cctv over the duration of the week) also why did they not stop me in the first day. £20.40 recovered goods £150 security costs     Thank you 

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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.

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

Dca - court summons letter

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alfiesprocket

alfiesprocket

Posted
Posted

Firstly Id like to say Hi to all and congrats to me on my first post :)

 

Ive spent the last couple hours reading thru various threads on the forum, this forum is massive ent it? Ive learnt so much already

 

Anyway I am currently being pursued by a DCA called Daniels Silverman over an alledged debt from an ISP I was with.

They have sent a few letters now, and I have been ferociously ignoring them but after reading some of the stuff posted up on here I am wondering if one of the letters they have sent me is actually a bit naughty?

 

I have copied it and scrubbed it for any identifying marks and wondered if Im allowed to post it up?

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WelshMam2009

WelshMam2009

Posted
Posted
Firstly Id like to say Hi to all and congrats to me on my first post :)

 

Ive spent the last couple hours reading thru various threads on the forum, this forum is massive ent it? Ive learnt so much already

 

Anyway I am currently being pursued by a DCA called Daniels Silverman over an alledged debt from an ISP I was with.

They have sent a few letters now, and I have been ferociously ignoring them but after reading some of the stuff posted up on here I am wondering if one of the letters they have sent me is actually a bit naughty?

 

I have copied it and scrubbed it for any identifying marks and wondered if Im allowed to post it up?

 

Yes, so long as you don't have any personal info on there, that's fine...

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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alfiesprocket

alfiesprocket

Posted
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Posted

ok, this was the second letter I had from them, suffice to say that it was received by me well over the alledged seven day threshhold that they allude to

 

***edit*** hang on did not realise it would come ut so small, ill have another go.... back in a tic

ds.jpg

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silverfox1961

silverfox1961

Posted
Posted

Hi,

save the pic as a pdf file or go to photobucket and upload from there.

If you get stuck,just shout

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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ScarletPimpernel

ScarletPimpernel

Posted
Posted

I think the letter might be naughty, though it's clearly a threatogram.

 

Note that they say:

Accordingly we have no alternative but to issue Court action against you

 

Daniels Silverman, if they are acting for the ISP, cannot issue a claim; only the creditor, or a solicitor acting for them, can do this.

 

By pretending that they can, DS are in breach of the CPUTR 2008 - hiding or omitting material information, and by threatening legal action that cannot be taken.

 

Daniels Silverman operate at the low end of a grubby industry; they often act for private parking companies, so compliance won't be something they're good at. However, whilst you could report them to TS, I'm not sure what else you can do (unless you dispute the debt), until they issue a claim and you can defend on the grounds that they aren't entitled to claim.

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mothsinmywallet

mothsinmywallet

Posted
Posted

AArrghh!! Thought I would never hear of DS again. I dealt with them a year or so ago and they are a nightmare. Yep its a threatagram and they will accept a payment plan off you. I did a payment plan and then a full and final. Be warned even if you make a payment on time close to the payment date you may get another threatagram as their systems are ancient.

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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WelshMam2009

WelshMam2009

Posted
Posted

Is it possible that they have bought the debt from the ISP??

 

Sounds as if they are a low life company by what I've read above so keep your wits about you.

 

On what grounds are you not paying? Is it financial hardship or are you disputing the debt?

 

I think it's important to be clear about what outcome you wish to secure.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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WelshMam2009

WelshMam2009

Posted
Posted
I think the use of the word 'Claimant' in their letter is VERY naughty when no action has actually been taken.

 

Yep, Creditor would probably be more appropriate pre-litigation stage although they are threatening legal proceedings I guess.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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alfiesprocket

alfiesprocket

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Posted

Ok thanks for the replies so far, a little background to the story.

 

I was with ISP 'A' for about five years and in that time had no complaints either way, they did what I paid them to do, and for my part I paid on time every time.

 

Then My missus decides she wants to swap to ISP 'B' so I did a little research and yes they seem a better deal so an hour long phone call takes place during which I asked the rep at least 3 times " Do I have to advise or do anything regarding my current soon to be previous ISP ('A')?"

 

"No, we will take care of everything, you dont have to do anything at all"

 

So I didnt.

 

Few months later I start getting the 'correspondence' from Daniels Silverman, the first letter introduced themselves and had FINAL DEMAND in big letters at the top. I of course rang ISP 'A' straight away and was informed that I had breached thier terms and conditions and therefore the account hadnt been cancelled when ISP 'B' said it had and the money had run up since then ( I had no communication from them to say I was in default at any time) Also I was instructed not to deal with them any more but to direct my enquiries to DCA. I then rang ISP 'B' who said, "They are surely talking out of thier derrieres, we will send you a letter that you can forward oin that will clear it up." That letter never arrived even tho I rang up and asked for it 5 times.

 

Then the second letter arrived which is the one posted above. The same phone calls were repeated and the same answers were given.

 

Then a third letter arrived with APPOINTMENT NOTICE in big letters at the top, informing me that Daniels Silverman's 'Commercial Investigator' will be calling on me at the end of March to 'discuss the pending legal case against you by our above named clients'. I am based on the south coast and DS are based in Liverpool, so I imagine that this another scare tactic. Up to yet I have ignored this too.

 

I have finally got some communication from ISP'B' tho, and I have a copy of an email from a guy in the Chief executives Office stating that again I am not eligible to pay ISP'A's invoices due to the fact that from the switchover date I no longer did business with them.

 

 

 

What do you guys think should be my next step? And am i allowed to name ISP 'A' and 'B' on here?

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blipvert

blipvert

Posted
Posted

well for a start, don't let the missus interfere...

 

It'd be nice to have a copy of the letter B sent to A canceling the contract.

As it was B's alleged negligence that caused all this. Also, DS are now acting on A's behalf so I' have thought ISP A would want them acting in a manner complying with guidelines which they are in breach of (SP's observations).

 

I'd put the amount into dispute (how much is it anyway), use SP's observations (at least) and report them and generally be right bl00dy militant. BTW, any uninvited visitor to 'collect' this has as much right to pester you for this alleged debt as I have. IIRC the case law is in a template letter on this site somewhere.

 

Sadly, It is often the case that once they realise you're no pushover they move onto easier targets and harass and bully them.

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WelshMam2009

WelshMam2009

Posted
Posted

You can name them if you wish, but if you want to maintain a degree of anonymity then it's best to leave as 'A' and 'B'.

 

What intrigues me is that ISP A says that you breached their terms and conditions. Now obviously it is a free market and you can sign up with whoever you wish.

 

Do you recall if you ever signed up for a contract of 12 or 18 months say, in order to get a discounted rate?? I know that I'm tied in for 12 months at a time with my ISP.

 

Alternatively, in their terms and conditions is there a notice period for cancellation such as 30 days? Is there any way you can check this out?

 

Sounds as if ISP B did what they said they were going to do but that ISP A have ignored this for whatever reason. (This commonly used to happen with Gas and Electricity companies).

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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alfiesprocket

alfiesprocket

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Sounds as if ISP B did what they said they were going to do but that ISP A have ignored this for whatever reason. (This commonly used to happen with Gas and Electricity companies).

 

I agree, I have had this happened to me so many times by various companies ( We never received your cancellation letter etc) that I now routinely cancel direct debits when cancelling anything. this is what i did with ISP'A'

 

As for my original contract, at the moment it hasnt surfaced but my house is still in chaos with unpacked boxes etc after a house move nearly a year ago ( new baby has done away with any 'spare' time I might have had )

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