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    • Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person.
    • Good morning,    I just wanted to update you on the situation.    I have visits piling up with my current employment and they need doing before I finish at the end of this month.  I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷‍♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past.   I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications.    I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash.   The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs.  My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off.    Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks.  It is awaiting being assessed and shouldn't be too long, which is a relief.  I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly.   However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick.  and this is going to affect any offer of money - after hearing the first statement this didn't affect me.   They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300.  I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them.  The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer.  Markerstudy records state that it was sold at auction, no record of repair at an approved repairer.  I bought it bank transfer with hand written receipt.    It gets worse.    It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why.  If I had hit that car head on and had no airbags.    Some good news.    I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed.   The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good.  So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read.   I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy.   I may need an xray on my back and neck.  The whole situation has left me feeling physically sick, drained and I need it done.   The lesson learnt from this  -  My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible.   Get a dashcam (searching now for the best I can afford at the moment)  -  Research your insurance company before you buy  -  Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle.      Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated.  You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late.  I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel.    Take care
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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      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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Mackenzie Hall. Do any of you know of them?


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Hi indebttoeveryone..

 

I have posted before, but I can not reiterate enough by saying please all who have Mackenzie Hall on their backs whether it is phising or otherwise send all details (ie copies of letters, phone conversations) to the OFT. The more complaints they recieve on top of ones they already have will add to the case-

 

Address;

 

Consumer Debt Division

Office of Fair Trading

Fleetbank House

2-6 Sailsbury Square

London

EC4Y 8JX

 

x

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As well as this, speak to the Credit Services Association.

 

If mackenzie dont have csa backing, any serious, decent companies will drop them like a hot potato.

 

csa ALWAYS encourage you try to resolve with mckenize (or anyone you have a complaint with) in the first place. Prove they are beyond reason and get the complaint in.

 

enough complaints will lead to csa removing their backing. Mackenzie hall will then be f*cked. !

 

Ultimately, any company without a consumer credit licence cannot trade in the debt collection industry.

 

Enough complaints to OFT, CSA etc will see their licence being revoked.

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When a company consider taking on a specific DCA the first thing they look for is "does the company have CSA membership" Clearly OFT can revoke consumer credit licences but it doesnt hurt to copy the csa in to any correspondence. Again, contacting the creditor direct to let them know you have been abused/harassed by their DCA will produce results always.

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I have just found a letter from MH in my mailbox and must admit I'm extremely glad I decided to check them out online as it was too late to ring them as requested. The reason for checking them out is that I have no idea who "Redcats" are from whom the debt appears to have originated. They are demanding just over £150 but there was no such debt on my last credit report so I guess I'll try the ignoring tactic first. They've given me 2 days to phone them to avoid potential legal action/costs so I shouldn't be waiting too long to see if they are going to follow it up.....

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Ignore them and their stupid, unrealistic deadlines.

 

They would be foollish to try and collect a relatively small sum by taking legal action. They would also have no right to add costs if they do not have the right to collect. Especially if there is no mention of this sum on your credit file.

 

If they continue writing to you, or make any attempt to call, or, and perhaps more importantly add innaccurate information to your credit file write to them and demand all the paperwork they have on you. A CCA and a SARN will cost you about £12 but if they don't provide the necessary documentation as required by law you can then use the law to beat them about the head.

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Hello,

 

Had contact from MH in January. Ignored them, think it's for a really old debt from 1997.

 

However a company called J2 solutions called my home and my 90 year old neigthbour asking if I lived here, where I work and my mobile number.

 

I called up when I got back from work at 6 ,the quoted a 6 figure extension number, hmmmm Im guessing more like an account number.

 

They were closed at 6 oclock, so left a message quoting this extension number, my address and my name, and said all contact should bein writing only.

 

My only question, because if this call, would you class this as a "bite"? Will they still pound me with letters and phone calls?

 

I only called up as the called my 90 year old neighbour out of the blue, why should anyone else be involved?

 

Keep up the good work

 

Jamie

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MH were really abusive to me on the phone. My advice would be to write to them, stating you do not cknowledge any debt to their company on a standard "statute barred" letter. I did this last week and haven't heard a peep since.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hello,

 

Had contact from MH in January. Ignored them, think it's for a really old debt from 1997.

 

However a company called J2 solutions called my home and my 90 year old neigthbour asking if I lived here, where I work and my mobile number.

 

I called up when I got back from work at 6 ,the quoted a 6 figure extension number, hmmmm Im guessing more like an account number.

 

They were closed at 6 oclock, so left a message quoting this extension number, my address and my name, and said all contact should bein writing only.

 

My only question, because if this call, would you class this as a "bite"? Will they still pound me with letters and phone calls?

 

I only called up as the called my 90 year old neighbour out of the blue, why should anyone else be involved?

 

Keep up the good work

 

Jamie

 

Yes, they will probably start to harass you now. Send the statute barred letter as suggested. You should also write to your local Trading Standards department (probably after they've had a couple of weeks to respond to the statute barred letter and failed to do so). Complain that they're trying to collect a statute barred debt and at their tactics in contacting a neighbour of yours. Did they share any personal data with your neighbour- ie did they say they were collecting a debt?

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On a similar note I received a TELOGRAM letter last week, phoned it up (but didn't give any reference numbers / details), followed by a letter from Keppe & Partners Solicitors (Fleet 27, Rye Close Fleet, Hampshire) today saying:

 

--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

 

Dear Mr JMio,

 

We are instructed...

 

Yours sincerly

 

(unreadable scribble)

 

KEPPE & PARTNERS

 

It is a small world isn't it. Look at the address for Capquest.

 

Capquest Debt Recovery

Fleet 27 Rye Close Fleet

Hampshire GU51 2QQ

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I bet MH don't record any calls - it wouldn't look good for them in front of TS if they proved who rude they were the absolute lies they tell i.e. not writing to tell a company you ahve moved address is a criminal offence.

 

Their local TS is well aware of their antics - so much so, in fact, that the guy there told me he only contacts them about vulnerable people who really need his help - he more or less told me to tell them to stick it.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Update - Its been over 1 month since i sent them the offical cca letter and surprise, surprise havent seen nor heard a thing

 

LOL they fail so hard. The next "spam mail" i get from them im straight off to TS.

 

This industry needs much better policing, i would like to see someone put them under the pressure they enjoy putting on others so much.

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Landcruiser - I think MH prefer to do "business" by telephone, they don't have our phone number (ex directory) and so communicated at first by the little red postcard and followed up with letters, if they are calling you on your home phone, check out BT's Choose to Refuse service, where for a small fee you can bar certain telephone numbers from getting through. Advice from here all says don't ever speak to MH on the phone, only ever communicat in writing. If they have a phone number for you, no doubt they will be able to find an adddress, we moved house last year, and are not even on the electoral roll and they still found us! :)

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Thank you Duffers Mum, I am sure its only a matter of time before the little red letter comes through.

I am not on the electoral roll,in fact there is nothing with my name on at this property, but I have found out that the info they have got is from a previous address and the present owners,they have opened my mail and contacted the company in question,in fact, they photocopied my letters and sent the copies to me at my new address. surely its against the law to open others mail and act upon it.

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I'm not sure whether its against the law, but from their point of view they probably got fed up receiving letters which aren't for them. I have opened mail in the past at my address but not addressed to me in order to advise the sender that the person is not living at that particular address, however I would not advise anybody of somebody else's address. I make a point when I move to just put on a redirect but never tell the people who buy our house what our new address is. These wretched DCA's always seem to find you, but I think we just need to start standing up to them and make them realise they can't get away with their bully boy tactics any longer. Nothing annoys them more than them not being able to contact you by phone, try the choose to refuse service from BT if they continue to harrass you, it works a treat and they will then have to contact you by post and likewise you can then send everything recorded/next day delivery, so they can't deny ever receiving anything! This site is a great source of helpful information, read through the threads, you will learn a lot - good luck :)

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Best advice i took from here, as hard as it may sound.

 

DO NOT SPEAK TO THEM, IGNORE THEM. (And dont lose sleep over it...)

 

I got another spam letter last night, i think i may start a collection all for TS! (this one was a variation on their "home collector in 7 days letter.. we wont send ANOTHER warning")

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I assume that on their training courses they are only taught how to deal with customers on the phone. Knowing or believing the calls are not recorded gives them a wide leeway on what they can say or threaten. On the other hand if they commit things to paper there is always a copy of it which may come back to haunt them.

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Thanks to all for your support.

I have not spoke to them myself and they have been more than polite at this stage.

My previous address has had 2 owners since me and i did redirect the mail, i moved over 4 years ago, the new owners got the details from next door, bless them.

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