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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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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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I have a £2,900 debt with vanquis, I offered them a payment of £34 per month which is the most I can afford (this isn't the only debt I have!) They said this figure was too low but wouldn't tell me what an acceptable offer is! After 3 phone calls I was told i'd have to pay a minimum of £58 per month which I can't do (I have already sent them my incomings and outgoings). I was told the debt would be passed to Impact their inhouse collection agency who would try and recover the debt. I told them regardless the name of the company collecting I still wouldn't be able to afford more than what I had offered. They said the debt would then be passed to an external collection agency who would use "...their own harder methods of collecting the debt.....which would probably include door step collection"

 

Isn't this against the law for unsecured debts? Do i just have to wait for my account to get passed to someone that will accept my payment and won't I get a default every time it is passed on?

 

This is my first post so sorry if it's a bit long, I'm just not sure what to do next and if what their saying is right.....Help me!

 

:confused:

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This is a classic reason why contact with creditors/DCAs should be kept to writing.

 

Do NOT phone them again. If they phone you, then refuse to go through the security checks that will prevent them from continuing with the call.

 

They are not allowed to just "turn up" on your doorstep.

 

You should make your offer to them in writing, send by Recorded delivery, keep the posting receipts. Check the Royal Mail Website approximately 3 days after posting. You can print off the signed delivery note to be kept with your records.

 

Do not make a repayment offer that you will be unable to keep to.

 

When they write to you, you should keep the envelopes the letters come in. Staple them to the back of the letter.

 

Let us know what the letter says and we can advise how you need to respond.

 

You will find these companies are not so brave when they have to commit themselves to paper. Where there will be a record of their nasty tactics.

 

And yes, most of their practices will be against OFT guidelines. But unless you have it in writing, then it will be your word against theirs :(

 

You can only be defaulted once.

 

Is this account a credit card ? When was it opened.

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Sorry for my delayed response, my twin sister hasn't been well so I've not been able to make this a priority. All better now though. :)

 

I sent my financial circumstances to Vanquis and the cheque i sent of £35 has cleared but they're still calling me up. They've sent me a letter saying they have refused my monthly offer and I've now got Impact hassling me for more money. I thought they had to accept any (reasonable) offer and £35 is the most I can afford to make but they are saying it has to be a minimum of £58. I've got all the paperwork they sent me. Do I have to just wait til the debt is passed on to a collection agency that will accept my offer?

 

:(

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Also, what's the deal with inhouse collectors. I've figured that Impact is part of Vanquis but what are the rules around passing on debts even if its just to inhouse companies, also I heard that a debt can't be sold on if its in dispute. Not really sure what this means and does passing the debt on to an inhouse collections fall under the same regulations. Does this not count as two collection companies pursuing the same debt which i heard they're not allowed to do?

 

:confused::confused::confused:

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