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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. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • 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.
      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.
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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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Welcome car Finance....Need advice desperately


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Hi,

 

I took out Welcome car finance in originally in Jan 2006, I then for want of a better word upgraded my car in Jan 2007. I have kept all payments up to date but recently, like most people, have been struggling to keep up payments as I am paying £225 a month. I phoned and spoke to my local office about the possibility of lowering the payments, they said it was not an option. So I decided I would voluntarily terminate my agreement. Sent my letter recorded delivery. A week later which was Fri 4th Sept I received a call from my local office saying my V>T had been cancelled, they gave me a number to ring which i did, it was the v.t department. They informed me that I actually dont have H.P on the car that it is in fact a C.S.T- (Ihave no idea what this is) and that I am unable to V.T the car because of this. I have since spoken to my local office and they have told me that i have to Voluntarily Surrender my car. Which i believe is allow them to reposses my car without going to court. Not sure where to go from here. I am confused what a Credit Sale is. Is it better to let them take me to court to reposses the car. I know either way its going to affect my Credit, which is why I went to welcome in the first place.

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I have the agreement and all it says alin the top is Credit Agreement Regulated by the Consumer Act 1974. I have a Loan with them which says Fixed sum Loan Agreement regulated byt he Consumer Act 1974, so that one is quite clear. i have been to citizens advice today and they have said its not clear.

 

I possibly have a conditional sale. My letters I have because i cancelled the d.d say Personal Loan. If thats the case then the car is mine???

 

Any help is great thanks....

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I have the agreement and all it says alin the top is Credit Agreement Regulated by the Consumer Act 1974. I have a Loan with them which says Fixed sum Loan Agreement regulated byt he Consumer Act 1974, so that one is quite clear. i have been to citizens advice today and they have said its not clear.

 

I possibly have a conditional sale. My letters I have because i cancelled the d.d say Personal Loan. If thats the case then the car is mine???

 

Any help is great thanks....

 

your complaint with welscum touched a nerve with me as i have a car with them but instead of hp on my letters statements etc it says home improvement loan....local office and head office just state wrong paper in printer!!!! what 10 times i dont think so so im lost as to what to do now ie is the car mine or not btw it shows on finance on the hp search

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Hello,

I had a notice of sums in arears which I recieved today. I have been confused as to what my agreement is, they told me it wasnt a hire purchase agreement. My letter i recieved today states my product was personal loan. So now i dont know what to do, i cant keep up the repayments and now i cant v.t.

 

If its a personal loan does that mean its secured on the car??

 

Any help would be useful.

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Hello,

I had a notice of sums in arears which I recieved today. I have been confused as to what my agreement is, they told me it wasnt a hire purchase agreement. My letter i recieved today states my product was personal loan. So now i dont know what to do, i cant keep up the repayments and now i cant v.t.

 

If its a personal loan does that mean its secured on the car??

 

Any help would be useful.

a personal loan is not secured on car only hp ie hire purchase

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Just found a letter that was sent when I originally took the loan out and this is headed

Dear so and so

 

Re: Credit Sale Agreement Number......

 

So I guess the car is mine and I am paying off a loan to them. I cannot afford the current monthly payment so i guess i sit tight until I get advice from the CRB..

 

Fingers Crossed I might eventually be able to lower the payments which is now probably going to take me another 3 years to pay off instead of a year and half due to their extortionate charges.

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