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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
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      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.  

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      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.

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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.
      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
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old capital one debt


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Can anyone help me decide what to do about Lowell finance sending me threatening demands for a capital one debt that does not appear on my credit file? I stupidly applied for (and was accepted!!) another cap 1 credit card recently.

 

Thanks in anticipation..

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Hi, luce.

 

How old is the debt and when was the last time you made any payment to it ?

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hope im replying in the right way!! New to this!

Debt is about 8 years but i think i cleared it and ran it up again in 2004.

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Do you have any idea how much in charges you have paid on the Account.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I dont have a clue but i do know my limit was no where near the amount they are now looking for. I have read alot about cca requests and the like but i have horrible luck and i am worried about starting something out my depth!! But i am in the process of trying so hard to sort out the mess that my credit history was in and dont want lowell to mess it up. Any idea why its not showing on the credit report now?

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Hi,

 

I'm not sure why it's not showing up on your Credit Report :rolleyes:

 

If you think there are plenty of charges, send Cap 1 a Subject Access Request, total up the charges, then claim them back.

 

I won a claim against them a while ago, and they seem to always pay out when you send them court papers.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I thought it was very bizarre too for them to give me a new account but i have moved home continously for the last few years and i thought that because it was so old it had been 'forgotten'! I had thought the new account had flagged up where they could track me down to get the old debt cleared but all that does nt make sense really.

So what could happen if it is statute barred? Anything? Do I ignore these letters or go ahead and ask for a subject access request. This bleeding thing has been driving me crazy and i really want it dealt with finally. Waking up during the night thinking about lowell flipping finance!!

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A SAR would determine a number of things; the first whether there is in fact an enforceable agreement in place....which would be doubtful as we are talking about Crap1 here, it would show when the last payment was made therefore whether it was Statute Barred or not. Finally, if it were enforceable you would be able to determine the amount of unfair charges you could claim back thus reducing the amount they are claiming. This request would have to be made to Crap1 not Lowells.

 

However, after saying all of the above, I think it would be wiser at this stage to send a CCA request to Lowells first to determine whether there is in fact an enforceable agreement in place. Besides, it would be £9 cheaper to do. ;)

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Cerberusalert-

 

Thank you very much for your help and advice. Exactly what i have been looking for. Waiting for ink to send off a letter. See what happens.

 

All the best,

Luce

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