Jump to content


  • Tweets

  • Posts

    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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

payday loan mess **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5260 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

Hi, my daughter stupidly decided to take a pay day loan last month, she then went ahead and began to fill in the application on line which took her to payday express, she then continued to complete the form, she must have been half way through when we got home, and I suggested that she read through the problems others have had with these and then said should she wish to go ahead then feel free or we could give her the money instaed and she could pau us back interest free, she was due to go on holiday and as she does not get paid till the end of the month she just wanted to buy a few mor ethings etc, she decided on reading through the posts to take us up on our offer, anyway she did not agree to any loan or did not get any response from the company on line obviously as she had closed the site before completeing the form, then a few weeks ago she got a letter from payday express stating that she had been accepted for her loan of £80 but due to the fact that they had attempted to take the funds from her account and were not able to do so she now owes them £160, she rang payday express and they said that the loan had been paid into her account on the 18th Sept, they would not give her the account number that the loan was paid into but on contacting her bank there is no paymnent showing from payday express into her account, yet now she is being called 2-3 times a day from this company saying they want their money back etc, still adding more charges according to the call she received yesterday she now owes £210, Had they originall y attempted to take the funds she supposedly owed from the correct account that my daughter has they would of had no problem as her wages would have been in there, and on speaking to her bank they said that there has been no attempt to take any funds from her account by anyone. Yet she is still being harrassed by this payday company

Link to post
Share on other sites

Hi Wesley.I hope no offence is taken as I am a parent as well but are you totally sure your daughter did not complete the forms at the time or went back to the website to apply again ? even for payday loan standards this seems a bit odd. all i would say is that if the money was definately not received then go straight to a solicitors office and see what they make of it. it may cost a fee or some kind but a letter from solicitor would make stronger reading than email tennis that i have had to deal with so many times. hope you get it all sorted for you and your daughter.

Link to post
Share on other sites

Hi, thanks for the response, no offence taken, really thats what I first thought until I saw her bank statment and definately nothing paid in from this company, infact nothing in except when her wages went in, have made her an app with the CAB who she is booked with next week, solicitor does sound better, they are calling my daughters mobile daily and our house number, I actually spoke to them with my daughters permission and they insist that the funds were paid into her account,

Link to post
Share on other sites

Sorry Reddennis but certain companies do this 'automatically' and then months later realise it was an 'admin error'. If no loan was taken out they haven't got a leg to stand on. I would check with the company to see what account they are claiming the money went into....

Link to post
Share on other sites

hi again and thanks. all i would suggest is speaking to them to ask the sort code and even last 4 numbers of the bank account that the money was supposed to be paid in.surely they can supply this ? if your daughter bank say that no money has been received then no loan has been given. good luck with the cab and even explaining this to a solicitor and a charge of say £40 or £50 for doing so may been worth all the aggro of calls 24/7 !

good luck again

Link to post
Share on other sites

Sorry Reddennis but certain companies do this 'automatically' and then months later realise it was an 'admin error'. If no loan was taken out they haven't got a leg to stand on. I would check with the company to see what account they are claiming the money went into....

 

=================

 

great minds think alike .....

Link to post
Share on other sites

Have tried but they will not give my daughter the account number or sort code they said the money went into over the phone, as it may not be her, security measures etc, she has asked them to put the details down in a letter and send it to her, but that was only a week ago, and with the postal strike, still I really look forward to seeing what account they have.

Link to post
Share on other sites

Sorry Wesley but I dont understand what you mean about the "money went in over the phone " ? probably just me !!

 

Just my 2 pence worth but surely their accounting / bank records will show where the money has been paid into ?

 

I would press again for even the last 2 or 4 digits of the bank account paid into or even at worst the sort code as this is just for the bank itself and not the account holder.

 

keep at it and best of luck

Link to post
Share on other sites

No, its me never explained correctly , they told my daughter and me on the phone that the money went in to her account by transfer on the 18th sept, (should of put it down correctly) I am going to keep on until we get the sort code and account number,

Link to post
Share on other sites

  • 2 weeks later...

Hi, back again,

my daughter has received numerous txt messages to her phone, calls to her home number and now calls to her employer, still payday express will not tell her any details of the account that the money went into over the phone, or put them in a letter to her as it may not be her and due to the data protection act etc, they have told her she is liable for the loan and has to pay it back the debt is now something like £270, with yet more costs added on, she has rang payday express again today and still they refuse to tell her the account she supposedly received this loan into, she went to the CAB last week who have made her an app with a solicitor, and she told payday express that due to the harrasment she is having she wants her number removed her employers number removed and the only contact with her from now on will be with a Solicitor, the conversation was on speaker phone and taped, tell you something if payday express would have given the deatils we requested it would of been alot easier, they wouldnt even give her the bank name that the loan was paid into, how does a bank name with no account number or persons name breach the data protection act I have no idea, , this matter could have been sorted by now, well we tried but Payday express are of no help what so ever.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...