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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
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    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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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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      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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Egg CCA


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Sent them letter telling them that I disagree with their decision

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Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

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  • 2 weeks later...

Today recieved Termination letter from Egg - dated 1st Feb arrived today (2nd Class)

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggTerminationLetter.jpg

Halifax Card (OH) -2.9% reinstated - Sucess!

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Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

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So now you can await the ministrations of someone like DLC, or maybe ARC. Its a long and winding road. You have put the account in dispute, so arguably they should not be doing this - but, like that would stop them? :rolleyes:

As a friend of mine put it - they are just following due process. Mainly because they dont have the wit to do much else. Its what they do!:sad:

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Another couple of points I want to get advice on.

 

Egg say that under the regs certain terms can be included on a different document (ie T&C's) for instance the default charges). Is this the case?

 

They also state there is no requirement under the Regs that hte APR must be accompanied by the words "variable" if the APR is variable? However I'm sure I read that this is not the case and that the words variable MUST be included?

 

Cheers

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I think the key thing is what is said in s61

"61.—(1) A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms,"

The key words here are contained (a) and embodied (b) - the prescribed terms must be contained in the sig document - ie where the prescribed terms lie, there MUST be a signature, I would suggest. Other terms can be somewhere else in the paperwork.

As for variable, I would think there is an argument here. On the other hand, they would assert, I think, that the agreement (including APRs) can be varied by giving notice.

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Another couple of points I want to get advice on.

 

Egg say that under the regs certain terms can be included on a different document (ie T&C's) for instance the default charges). Is this the case?

 

They also state there is no requirement under the Regs that hte APR must be accompanied by the words "variable" if the APR is variable? However I'm sure I read that this is not the case and that the words variable MUST be included?

 

Cheers

APR is one of the prescribed terms. If it is variable, it must say so in the sig doc.

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This Default notice is dated 31st December 2009 and arrived January 8th (2nd Class) 2010 - would this then be a faulty DN - Termination letter is dated 1st Feb

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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APR is one of the prescribed terms. If it is variable, it must say so in the sig doc.

 

I thought so, I found something in the Regs stating this, would the lack of variable, the words approved limit and that fact the document does not have the correct title be enough for it to be rendered unenforcable?

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my DN, letters & all dates are identical to yours, so it looks like they've gone through this identical process with a number of disputed accounts?

 

Perhaps they will let us defend together (one big group! :D)

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Received their final response letter today there are two pages the second page just states that dissatisfied then complain to FOS etc. Also if you do they will no longer discuss the matter directly with you.

 

they have taken legal advice and maintain the agreement is fully compliant etc.

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggFinalResponse.jpg

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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So we'll sit back and wait!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Hi LB145

 

I was wondering if your DN arrears was made up of penalty charges and thus the amounts stated would be incorrect etc and render it invalid?

 

Vicky

xxxx

 

The DN is for the amount with all the £12.00 charges that have been added since the account went into dispute - £12 for non payment, £12 for going over limit - as interest was still being added with charges whilst in dispute

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Letter from Direct Legal & Collections wanting full payment immediately!

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggDCALetter.jpg

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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DL&C are now sending emails to contact them!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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No, they have given you until the 28th to rectify.

 

Hi Vint -hope your well

 

What do I send to Egg now or the DCA - I will notify the FOS that I do not agree with them that the matter is closed and that there is no dispute

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Thanks Vint - your a star!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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  • 2 weeks later...

Wrote to DL&C telling them that accountis in dispute with Egg etc.

 

Today received two lettersa from DL & C dated 1st march

 

Letter 1: "We have referred your query to our client, as they have not made them aware of any valid dispute on your account. We will hold your account in abeyance and advise you of their reply reagarding your query shortly."

 

Letter 2: "You have failed to respond to our previous letters or make payment. We are now considering further action to recover full payment of the above balance.

 

This could result in the following action:

 

1. The issue of a County Court Claim (which will increase your balance by £200)

2. A collector personally calling at your address.

 

Obviously not ignored their previous letter or they would not have replied to it???

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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