Jump to content


  • Tweets

  • Posts

    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
  • Recommended Topics

  • 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
  • Recommended Topics

HELP - in a DMP but got Court papers today


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5175 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,

 

After months of trying to communicate with creditors but they were ignoring my letters and offers to pay, I entered a DMP with Payplan. the plan is operational and making payments to all creditors, but only one has "accepted" the arrangements, the others are not, one has today issued a Court claim form.

 

Payplan seem very blase about this - unlike me - I entered this plan to prevent this sort of hassle.

 

I've CCA's the ones I think were incorrect, and in fact have heard nothing from one creditor for months now, but the others won't accept I'm doing my best to pay them

 

I've no idea how best to proceed, and the thought of going to Court terrifies me.

 

What can I do next?? thanks.

Link to post
Share on other sites

Howard Cohen issued papers on behalf of CL finance who have been assigned the credit card debt from G E Money.

 

The particulars are basically that we owe the money, we haven't paid, so they are claiming via the court.

 

Yes, I am paying them via payplan, on a pro rata basis with the other creditors, after having gone through an extremely comprehensive income/expenditure statment with payplan.

 

Payplan have given be a breakdown of what might happen, which seems to involve lots of Court attendances complete with fees and paperwork, following which they might send bailiffs or ask for charging orders or attachment of earnings.

 

And there was I thinking I'd been handling the debts responsibly by attempting to pay them off as best as I can afford.

 

By the way, over the past couple of years they have racked up the interest to where my monthly payments were barely covering the interest, and one creditor who has accepted my offer, the interest and charges are three times the amount I'm paying, so I can't see this ever ending.

 

Payplan mentioned an IVA, but I have equity in the house (which I obviously don't want to sell), so I thought I couldn't do that??

 

Thanks

Link to post
Share on other sites

well if the creditor are still adding interest your payment are doing nothing to reduce the debt, so there is no paoint making payment through Payplan, so personally I would cancel the arrangement.

 

I would send CCA request to each creditor and see if their paperwork is sufficiently in order to even have the right to enforce the debt.

 

as for them saying

'they might send bailiffs or ask for charging orders or attachment of earnings'

 

this is not on. They are there supposedly to help debtors, not intimidate them, that is the job of the DCA.

 

There will be no bailiffs, charging orders or anything else into they have took the case to court and WON, even them you would have to default on the payment schedule ordered by the court.

 

how old are these debts?

what kind of debts are they?

 

As for the court claim, you have to acknowledge the claim.

Once you have done that we can go about requesting under Cival procedure the copies of the documents they intend to reply on in court.

 

Don't worry about the court thing it is no big deal, you are in good hands on here

Edited by alfwithhair
Link to post
Share on other sites

Howard Cohen issued papers on behalf of CL finance who have been assigned the credit card debt from G E Money.

 

The particulars are basically that we owe the money, we haven't paid, so they are claiming via the court.

 

Yes, I am paying them via payplan, on a pro rata basis with the other creditors, after having gone through an extremely comprehensive income/expenditure statment with payplan.

 

Payplan have given be a breakdown of what might happen, which seems to involve lots of Court attendances complete with fees and paperwork, following which they might send bailiffs or ask for charging orders or attachment of earnings.

 

And there was I thinking I'd been handling the debts responsibly by attempting to pay them off as best as I can afford.

 

By the way, over the past couple of years they have racked up the interest to where my monthly payments were barely covering the interest, and one creditor who has accepted my offer, the interest and charges are three times the amount I'm paying, so I can't see this ever ending.

 

Payplan mentioned an IVA, but I have equity in the house (which I obviously don't want to sell), so I thought I couldn't do that??

 

Thanks

 

Have you read this thread ? -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

Have you completed the Acknowledgment of service ?

 

Link to post
Share on other sites

Hi

 

I am too with Payplan, and they usually complete the claim form for you on your behalf.This will involve completing an income and expenditure, offering a payment, and calling the creditor to suspend this action. If you are having problems, ask if anyone could guide you through it or complete it on your behalf.

 

Yes Payplan have an IVA company too. IVA, all of your assets will be protected, including your house. The creditors would just require you to remortgage in the 4th year of the IVA, and pay in your share of 85% loan to value of any equity you have. The IVA is a 5 year, legally binding agreement between you and your creditors, if you have enough surplus, it may be worth looking into, as I know Payplan are free of charge.

Link to post
Share on other sites

DONT SEND COURT PAPERS TO PAYPLAN THEY ADMITT THE DEBT AND YOU THEN HAVE TO PAY THE WHOLE DEBT AND FEES THEY REFUSE TO ACT IN ANYOTHER WAY ON YOUR BEHALF.

 

This is well documented on the forums.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

deal with it urself thats what every other CAGger does.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hi

I am a newbie on here I am on a DMP with Payplan since August 09 I have 2 debts with MBNA they accepted the payment plan and have been paid regularly since Aug 09 yet today I received 2 court claim forms (Northampton) the solicitors acting for MBNA are Restons. I received a letter from Restons 5th Jan 2010 requesting payment and financial statement I contacted Payplan who told me to send copy of the letter to them which I did the same day and they would deal with it. The date on the court forms is 22nd Jan and Payplan did not contact them until 25th Jan ? dont know if the delay has resulted in this legal action ?

Link to post
Share on other sites

Helpfull...

 

Not being funny but there has been advise offered and links to threads that need to be read.

 

Questions have been asked which have not been answered so before commenting maybe reading first.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hi

I am a newbie on here I am on a DMP with Payplan since August 09 I have 2 debts with MBNA they accepted the payment plan and have been paid regularly since Aug 09 yet today I received 2 court claim forms (Northampton) the solicitors acting for MBNA are Restons. I received a letter from Restons 5th Jan 2010 requesting payment and financial statement I contacted Payplan who told me to send copy of the letter to them which I did the same day and they would deal with it. The date on the court forms is 22nd Jan and Payplan did not contact them until 25th Jan ? dont know if the delay has resulted in this legal action ?

 

 

I would advise you create your own thread and link it in to here.

 

I would also advise the court your defending the claim and CPR MBNA/Restons.

 

They are playing silly buggers and they know it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...