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


  • Tweets

  • Posts

    • dave024
      Erudio

      By dave024 · Posted

      Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • jk2054
      Another P2G / EVRi Lost Parcel Claim

      By jk2054 · Posted

      hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • BankFodder
      Another P2G / EVRi Lost Parcel Claim

      By BankFodder · Posted

      As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
Latest activity

Invalid Default Notices

Pinky69

By Pinky69
in Debt Collection Agencies

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4980 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

emandcole

emandcole

Posted
Posted

Unilateral agreement?

 

Seems pretty odd. Surely if a payment was made for the sum they list as arrears after no service of default and an eventual unlawful termination they have no such right. Have they simply buried their hnads in the sand and used their tax payer funded banking 'might' to steamroll you into paying?

 

Unfair relationship I'd say, irrespective of the history leading to it.

Link to post
Share on other sites
  • Replies 5.4k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

cab1ne

cab1ne

Posted
Posted
My OH got a termination notice without a default from BOS, paid the arrears and then told them to PO, they say since she paid the arrears they have reinstated the agreement again.

 

ask them for a copy of the re-instated/amended agreement that both parties have signed (i bet it dont exist).

 

cab

Link to post
Share on other sites
charlie*

charlie*

Posted
Posted (edited)

The title of this thread seemed to be a good place, so hope it's okay?

 

We have a TESCO credit card and I have a feeling we may left DN faults too late... let me explain.

 

The agreement doesn't seem to comply... no prescribed terms and so - on... we got a copy by s77 in the autumn of 2008. Of course, there's been a lot of too-ing and fro-ing and right now, I think we've shaken off the DCA's.

 

Only recently we have realised that there is mileage to be made out of faulty Default Notices...

 

The Default Notice for arrears of £125 was dated end October 2008 in which they gave 17 days starting from the day after the letter date. It stated, "... we will terminate the agreement......" (if you don't cough up) There was NO Termination letter. (can it be taken that the agreement was terminated?)

 

Then, we had a second Default Notice dated end of November in which they requested £550 payable just as above, in 17 days.

We then received a Termination Notice dated January 2009...

 

We'd appreciate any comments, I expect the only one will be about the 17 days grace rather than a given date, as it should be. Can we do anything as they did not enter a specific remedy date? There's also the time elapsed since.

 

I suppose another very good question would be this..... does the lack of a specific date rather than 17 days actually work? I know the ruling is specific, but, hey, the rules aren't always upheld by the judges.

 

Thanks anyone

 

charlie

Edited by charlie*
Link to post
Share on other sites
emandcole

emandcole

Posted
Posted
The title of this thread seemed to be a good place, so hope it's okay?

 

We have a TESCO credit card and I have a feeling we may left DN faults too late... let me explain.

 

The agreement doesn't seem to comply... no prescribed terms and so - on... we got a copy by s77 in the autumn of 2008. Of course, there's been a lot of too-ing and fro-ing and right now, I think we've shaken off the DCA's.

 

Only recently we have realised that there is mileage to be made out of faulty Default Notices...

 

The Default Notice for arrears of £125 was dated end October 2008 in which they gave 17 days starting from the day after the letter date. It stated, "... we will terminate the agreement......" (if you don't cough up) There was NO Termination letter. (can it be taken that the agreement was terminated?)

 

Then, we had a second Default Notice dated end of December in which they requested £550 payable just as above, in 17 days.

We then received a Termination Notice dated January 2009...

 

We'd appreciate any comments, I expect the only one will be about the 17 days grace rather than a given date, as it should be. Can we do anything as they did not enter a specific remedy date?

 

Thanks anyone

 

charlie

 

 

Hi Charlie,

2 default notices you say? Do you have them both still? Also, have you checked your credit file to check only one has been added to it?

 

The remedy date is important and should be clear, it is the job of the creditor to issue a correct notice without fail.

 

If they've terminated I'd write and accept that termination and ask for details of any arrears they want. Good idea to read back through this thread as much of it covers this exact scenario :D

Link to post
Share on other sites
cab1ne

cab1ne

Posted
Posted
The title of this thread seemed to be a good place, so hope it's okay?

 

We have a TESCO credit card and I have a feeling we may left DN faults too late... let me explain.

 

The agreement doesn't seem to comply... no prescribed terms and so - on... we got a copy by s77 in the autumn of 2008. Of course, there's been a lot of too-ing and fro-ing and right now, I think we've shaken off the DCA's.

 

Only recently we have realised that there is mileage to be made out of faulty Default Notices...

 

The Default Notice for arrears of £125 was dated end October 2008 in which they gave 17 days starting from the day after the letter date. It stated, "... we will terminate the agreement......" (if you don't cough up) There was NO Termination letter. (can it be taken that the agreement was terminated?)

 

Then, we had a second Default Notice dated end of December in which they requested £550 payable just as above, in 17 days.

We then received a Termination Notice dated January 2009...

 

We'd appreciate any comments, I expect the only one will be about the 17 days grace rather than a given date, as it should be. Can we do anything as they did not enter a specific remedy date?

 

I suppose another very good question would be this..... does the lack of a specific date rather than 17 days actually work? I know the ruling is specific, but, hey, the rules aren't always upheld by the judges.

 

Thanks anyone

 

charlie

 

it could be possible on the first one but i think it probably is on the second one.

 

cab

Link to post
Share on other sites
cab1ne

cab1ne

Posted
Posted
Hi Charlie,

2 default notices you say? Do you have them both still? Also, have you checked your credit file to check only one has been added to it?

 

The remedy date is important and should be clear, it is the job of the creditor to issue a correct notice without fail.

 

If they've terminated I'd write and accept that termination and ask for details of any arrears they want. Good idea to read back through this thread as much of it covers this exact scenario :D

 

accepting a termination a year later with a letter of acceptence would in my opinion be quite dangerous.

 

cab

Link to post
Share on other sites
charlie*

charlie*

Posted
Posted

CAB..... 'ouch', that hurt (but thanks, all opinions welcome).

 

Why do you think it could be dangerous - there's not much at risk, just our house :rolleyes:

 

It might be an idea simply to leave things as they are... the Tesco

paper is, I think on pretty thin ice.... unenforceable - no PT's.

 

Unless of course others have engaged with them - and have something to say?

 

Thanks

Link to post
Share on other sites
cab1ne

cab1ne

Posted
Posted
Ah, January 2009, I'm still a year behind :rolleyes:.

 

Out of interest Cab, in your opinion why would this be potentially dangerous to the debtor? :confused:

 

Still feeling my way through some of this.

 

it is my opinion that they would probably sting charlie for the arrears upto the date of the acceptence letter.

 

cab

Link to post
Share on other sites
diddydicky

diddydicky

Posted
Posted

17 days, depending on the date and method of posting could comply

 

the creditor could argue that the second DN corrected the first if they did not terminate

 

as has been said since this has been ongoing since at least 2007 i think you are at least halfway to being SB and thats the way i would play it

 

a DN that demands payment in 14 days can NEVER be valid whereas 17 could be

 

i certainly would not challenge the 17 day DN if the days actually worked out even if it is not correct

 

too much of a gamble IMO on its own

 

if of course there are other defects such as wroing amounts etc that could be a different matter

 

let sleeping dogs lie

Link to post
Share on other sites
Pinky69

Pinky69

Posted
  • Author
Posted

Update from the original poster.:)

 

Bank 2s investigation by the ICO has been going on since 19 October(2009) so no idea how long it is going to take.

 

The ICO has now asked for all the correspondence with Bank 3. It was a mammoth task because of different replies from different people. Reading through it I realise not one of the points I raised with them was ever answered - it was all templates and electronic signatures. The application form breaches criminal law because it breaches the Companies Act so that default entry will come off either through the ICO or court. The icing on the cake is the unlawful rescission. Keep smiling!:D

Link to post
Share on other sites
cab1ne

cab1ne

Posted
Posted
Update from the original poster.:)

 

Bank 2s investigation by the ICO has been going on since 19 October(2009) so no idea how long it is going to take.

 

The ICO has now asked for all the correspondence with Bank 3. It was a mammoth task because of different replies from different people. Reading through it I realise not one of the points I raised with them was ever answered - it was all templates and electronic signatures. The application form breaches criminal law because it breaches the Companies Act so that default entry will come off either through the ICO or court. The icing on the cake is the unlawful rescission. Keep smiling!:D

 

nice:grin:

just a quick one pinky. in your opinion

 

can creditors release your info to a dca/repo after unlawful reccission:???:

Link to post
Share on other sites
BornAgainBiker

BornAgainBiker

Posted
Posted

Hi pinky, hope you dont mind me jumping on your thread, i tried starting my own without much response and you seem to know whats going on.

 

i sent a cca to MBNA. they did not acknowledge the cca nor did they send a copy of any agreement. i followed up with a DN, which i think is invalid due to time allowed ie. their dn was dated 11/01/10 and they gave till 28/01/10 to pay the arrears. the letter was sent via ukmail, which i believe is 2nd class post, there is no post stamp date. either way 1st or 2nd class, the dn is still invalid, can you advise?

 

also, am i right in thinking that a default wont even come into the matter if they cant prove i have signed an agreement in the first place.

 

in any case, what is the best course of action for me?

 

as you can see, i'm confused, any comments will be gratefully received. BAB

Link to post
Share on other sites
vint1954

vint1954

Posted
Posted
Update from the original poster.:)

 

Bank 2s investigation by the ICO has been going on since 19 October(2009) so no idea how long it is going to take.

 

The ICO has now asked for all the correspondence with Bank 3. It was a mammoth task because of different replies from different people. Reading through it I realise not one of the points I raised with them was ever answered - it was all templates and electronic signatures. The application form breaches criminal law because it breaches the Companies Act so that default entry will come off either through the ICO or court. The icing on the cake is the unlawful rescission. Keep smiling!:D

Hi Pinky, Good to see you back.

 

When did you use the companies act. Was it of any significence in your court case.

Link to post
Share on other sites
frettful38

frettful38

Posted
Posted

Hi vint, when should I use the unlawful recission regarding my faulty DN against HSBC? Should I not inform the FOS as they are currently dealing with my complaint and have asked to forward any more information that may be helpful.

If I hold back then will this not go against me, I really would like to tie this up as soon as possible as it is having a bad affect on my health amongst other matters.

Link to post
Share on other sites
vint1954

vint1954

Posted
Posted
Hi vint, when should I use the unlawful recission regarding my faulty DN against HSBC? Should I not inform the FOS as they are currently dealing with my complaint and have asked to forward any more information that may be helpful.

If I hold back then will this not go against me, I really would like to tie this up as soon as possible as it is having a bad affect on my health amongst other matters.

Answered your PM

Link to post
Share on other sites
vint1954

vint1954

Posted
Posted
Hi vint, when should I use the unlawful recission regarding my faulty DN against HSBC? Should I not inform the FOS as they are currently dealing with my complaint and have asked to forward any more information that may be helpful.

If I hold back then will this not go against me, I really would like to tie this up as soon as possible as it is having a bad affect on my health amongst other matters.

Just to be clear here:

 

1 You receive a dodgy DN.

 

2 Your account is CLEARLY terminated.

 

3 You accept the unlawful rescission of your contract with the bank.

 

4 Accept it or notify them before termination and they can rectify their mistake.

 

5 Continue to pay or act as though the agreement endured, following termination, then result is as in 4.

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4980 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...