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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I am in a Muddle – Can’t see a way out.


Roppa
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Hello everyone I’m so pleased I’ve found this forum as its been really helpful in my Lloyds TSB CCA dealings. The thing is though I’m struggling to deal with the way ahead in terms of starting to get out of the financial mess I am in. I would be grateful for any advice you could give re my set of circumstances. I’ll try and keep it as short as possible:-

 

 

Property Background

 

 

I’ve been living with a new partner for 2 years and in December 2008 I finally removed myself from my previous mortgage. We kept the mortgage running as it was given it was on a fairly decent fixed rate and to change the title was expensive. In view of that we changed the title, removing me completely when the fixed rate ended and my ex remortgaged to another lender.

 

 

Finances

 

 

I currently owe approximately £50k in unsecured loans and credit cards. I have been maintaining payments on all but Lloyds TSB credit card who I CCA’d back in November. Despite not having received a copy of my agreement Lloyds have defaulted me – this is my first ever default. As such this is an ongoing issue which is very much tying my hands in how far I can proceed with other options to ultimately clear my debts.

 

 

Options I have been looking at

 

 

Slowly but surely my disposable income has been decreasing due to the need to meet my debt repayments. I did foresee this and started looking at my options, I have had various chats with helplines (CCCS, National Debt etc) and even received paperwork through so that I could embark on an IVA. A couple of issues with this though, they will still take a large chunk of my money and I don’t think this will mean it’s as affordable as they make out. Also I’m really stuck as I don’t think I can do this until my CCA with Lloyds is resolved one way or another, i.e. If I declare it in the CCA (which I would have to) then I would effectively be starting to pay them again. So I’m a little stuck with this side of things, similarly I don’t think I’ve got much scope for movement until the CCA is resolved, regardless of the options I’m looking at. If this is the case that’s ok but I’m looking to get the way forward clear in my mind so that I can push this on quickly once the CCA is sorted out – having said that this is another problem as I don’t know how long that will be.

 

 

I’ve looked at bankruptcy, although I am worried that this will still have an effect on the property I was involved in until I released myself in December 08. I cannot put this at risk in terms of repossession etc as my ex still lives there and I simply couldn’t do that to her. The equity involved in the property is minimal, if anything now - given the market slumps but I’m not sure whether say I went bankrupt if I can exclude the property entirely?. While I’m not legally wise enough to know the ins and outs I’m sure they would cover themselves in the event of any market price rises whereby they could then come in and either take the house or equity.

 

 

I’ve thought about DMP’s but given the value of my debt I don’t see that this is practical as it could take 20 years to repay.

 

 

Does anyone have any similar experiences or advise I could draw on. Having stopped robbing peter to pay paul for a considerable time, its getting to the point now (utility bills + living expenses driven) where I am possibly going to have to start borrowing again. I really don’t want to do this so I am thinking about writing to my creditors to ask for reduced payments etc to try and hold things off in the hope that my CCA will be resolved but this is only a temporary measure – not the answer to clearing my debts.

 

 

It seems to be a never-ending cycle.

 

 

Thanks for reading and for any help you can offer.

 

 

Roppa

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Go with CCCS, just to get to the point where all of your creditors have a copy of your I&E, done with the CCCS assistance,and a letter asking that pro-rata payments be accepted in line with what you can reasonably afford, and that charges/interest stop, (you dont have to have CCCS do the actual DMP, you can do this yourself, that way you are in control.

 

Once set up and after a couple of payments, start to CCA request them one at a time

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Yep go with the above I had debts of around that went to the CCCS, they sorted it all, sent me the letter to send to all my creditors, did exactly what they said. This was last April/May and apart from one creditor everyone has been accepting the payments although not all of them have written back to me all but one has stopped changing interest as well. The phone call is free and they will arrange a date and time for them to ring you back. DG:)

I have no legal training my knowledge comes from my personal life experiences

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