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    • Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
    • You can easily argue your case with no sign on the nearest parking sign
    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
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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.

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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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