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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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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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      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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Wetcloths ringing work number...


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Today whilst at my desk i recieved a call from one of the girls in our main office with a call to put through to me.

 

 

She said he asked for me using my full name (First, middle and last) and that he was calling from Wescot.

 

 

She put him through and an awfully rude chap asked me to confirm my name,

i told him NO twice and

he said "right we will write to you then" and hung up.

Now if i had been with a customer that could have been very embarrassing.

 

 

About an hour later the girl who took the call came through and told me she had googled wescot and it came back as a debt coollection company,

 

 

i knew this but was slightly embarrassed that she said this to me.

NOw wescott have my home phone number and know my address

so do they have the right to call me at work

and what do i need to do to stop this happening again....thanks in advance

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Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

edit to suit

 

ida x

  • Haha 1

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If you want a laugh look at their website! Wescot Debt Management, UK Wescot Debt Collection & Trace Services

 

Especially their 'core values'

Wescot is recognised throughout the industry for operating to the highest professional standards.
:lol:

 

Anyhow, sidetracked.... OFT guidance on debt collection

 

Oft Complaints

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have Triton on my back. RBS passed the debt onto them when it's in dispute. They have no credit agreement, so how can they sell it on?

 

Charl, you should start your own thread,

Go to the forum, scroll down to and click on: Debt Collection Industry - The Consumer Forums

 

Then scroll down to the bottom of the screen and on the left hand side is a blue box with 'New Thread' written in it, click on that and type away;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Also is it worth seeking legal advice now? I've written all the letters on here to RBS and it's gone on and gone since November last year. They've now passed it to Triton who keep harrassing me. Had one letter demanding full payment of the loan in full. I wrote back saying that my dispute is with RBS and not them, they just keep phoning all hours, weekends, evenings, haven't answered one call though. I'm sure another letter will drop through the door with more threats.

 

If RBS have no credit agreement, I don't recall ever signing one, because they changed the terms of the loan at the last minute, making me pay over 7 years instead of 4. It was done over the phone and that was that. Surely if no agreement exists they have to write it off, they already admitted they can't take me to court.

 

Can anybody help please, or even recommend a decent solicitor, have sent an enquiry to Stephensons, but still waiting and it's been a week.

 

Thanks

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Thanks I get it finally, been wondering how you start your own thread.

 

No worries, as soon as you start your own thread then people will help out:D

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you want a laugh look at their website! Wescot Debt Management, UK Wescot Debt Collection & Trace Services

 

Especially their 'core values'

:lol:

 

Anyhow, sidetracked.... OFT guidance on debt collection

 

Oft Complaints

 

Ill tell you what, if i worked for them i would defernately not have my picture on their website. I would be ashamed to have any connection with them. These members of staff look so happy it's a complete load of bo**ocks!!!

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Ill tell you what' date=' if i worked for them i would defernately not have my picture on their website. I would be ashamed to have any connection with them. These members of staff look so happy it's a complete load of bo**ocks!!![/quote']

 

At least you would get a free T-shirt!:lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They look too happy if you ask me...Maybe someone off cam is holding a gun lol...

 

Pah! There in a Goldfish bowl, and have no idea what is happening outside of it....:lol::lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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that website is a joke, it looks like they are advertising some kind of proffessional marketing company or something along those lines. The reality is that they are probrabley a load of odd, useless, weasel like morons working from a porta cabin....

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