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    • Hamster Bedding. Ignore.
    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
    • Just received this letter from Lowell.  IMG_1032.pdf
    • I don't think you are misunderstanding. It seems something may have gone missing. HB
  • 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
      • 161 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
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Credit Ref Agency reply to DPA s.12 request-help please


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Night night.

 

Pete

 

Fantastic............amazing the things you keep :shock:

Night

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Must add this on sorry. I didnt click with the avatar I thought it was BRUM (with Toya Wilcox)

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Well this was a very good interesting thread at its time and i thought that this was long but this thread has now taken over that.

Click Here

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

Vodafone To Remove Default Notices thread

Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help

Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB

Concluded Lloyds TSB for Girlfriend. 27/05/2006

Paid In Full Capital One £160 Settled

Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend

Paid In Full Cetelem £130 Settled

Paid In Full The AA £400 Settled

Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

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The lenders all rely on each other's data to be fair, accruate and up to date because they all use it to make important decisions. That is why the rules governing data sharing are agreed by a body that represents all the participating lenders. Credit account information is not being published or put on public records. It is just made available to lenders participating in the sharing scheme. The Information Commissioners Office issues guidance notes on defaults to set certain standards and ensure consistency.

 

hello james, welcome back.

interesting, regarding the seriousness of defaults, your claim is that lenders are using your stored personal data under these non legally defined 'guidence notes' ,and that makes them valid

and safe in some form or other for the end user?.

 

let me give you just one generic example of a serious Default that is held on CRA systems that does and has for many years caused serious illness and distress for many people.

 

it can be any company but for instance take NTL:tw the uk's one and only cable internet/TV/Phone provider covering over 50% of the uk.

 

NTL:tw and these other companys have a policy of generic Credit Reference'ing any and all users wishing to take their services even though the users are paying in advance of service,should you be lucky enough to pass that check then you the user then get your service, all well and good (ignoring the fact its wrong that you should have to pass a credit check on a pre payed service).

 

now NTL:tw (though it happens in many more companys too)

are well known for having very bad accounting and automated systems and employees that over charge/wrongly bill for services that the user didnt sign up to or even receave etc, and the end result is

that if you raise a dispute with them as regards the wrong payment then even after you think its been cleared up,their automatic processing of your incurrect personal data will find its way into the CRA's (such as yours) database with no zero cost option to remove this invalid personal data default.

 

do you take my point that in this generic case, that a mear service provider (NTL in this case)is in fact setting up the end user for the next 6 years with a clear and invalid Default that will and does dramaticly effect the users ability to even buy a new fridge on credit to store his essential food (assuming the bank hasnt taken his food money in charges LOL) never mind getting or haveing more obvious stuff.

 

in no way do these so called 'guidence notes' you refer too have any baring on the average user getting a serious Default on their CF and you seem wiling to also take (in this case NTL) their word that the default placed on your CRA system is valid, when its clearly not......

 

coments please, for instance what can you james do to make these service providers stop acting in such an unlawful way while your taking their money in payment for your services to them?, how are you protecting me the user/reader from such actions as your such a good company with those awards you mentioned above?.

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Lenders are breaking the law if they don't read NOCs - who did you work for?

 

james, do you currently beleave the fact that the instruction to ignore the NOC was made, to be the exeption or the rule ?.

 

if the former, what would convince you it was in fact the later, or are you happy to let it sit as its nothing to do with you and your org? and these people are adults and able to justify their actions to themselves and it cant/doesnt effect you as an upstanding member of your org with a good CR (am i to assume you do have, and always had a good credit file while you work for the CRA).

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Lenders cannot register defaults for 63p and even if they did I don't think you would lose your job over it.

 

interesting, so you are are implying that Post by un1boy has in some way read his CF wrong and infact this default did not happen to him as a consequence of that initial 63P error on the part of the service provider?.

 

is it that you are, infact, assuming it cant esculate to that point, on perhaps the basis that you have never personally witnessed such an act so far?, can i ask (and get your answer)if you have infact looked at any cases outlined here and elsewere to actually see if there is infact a basis for the these statements generally ( as i understand you wouldnt want to comment on single cases etc) and if indeed you have looked what is your intentions as to stopping such actions in the future if anything?.

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My advice remains the same. If the information on your credit report is wrong it should be changed.

 

i think we can all agree on that point james, now the sticky point is this assumption of guilt until proven inocent as relates to the person.

 

assumption:

party A: = me

party B: = service provider

party C: = your CRA

 

B: = payed for your services on a monthly garanteed quota

A: = payed you £2 for a copy of their CF

C: = has access to B and uses that access to query facts

C: = has access to A and does not contact A to query facts

--------------------------------------------------------------------

 

if A: contacts C: to give notice of 'fact 1' being wrong then C: would i assume ? contact B: and ask if 'fact 1' is infact right ,would a simple email/SMS 'yes its right' be good enough for C: ?.

 

what (near)zero cost options does A have from your company?, if anything in your view and agreement above?.

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I can't go into specific cases on here but your son's situation does seem unfair based on what you say. Has he disputed the entry through our Consumer Help Service?

 

james it would be useful if you could see your way to include direct links and email addresses to these services your company provide (for the new readers that dont know they exist etc), please do include them in your next reply.

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D[/color]]

 

On an Experian credit report that payment history would be a perfect one. We don't accept what lenders say - they are sharing their own data with each other - we simply provide the facility. But we do make practical QC checks and we do encourage consumers to check their reports from time time and resolve any disputes.

 

so your confirming that you simply hold the data and as a consequence your view that that Experian credit report is a perfect one, is null and void as you do not influence any outcome by providing said data to these companys that do decide that 00000000000D data is in fact a bad investment.

 

your also confirming when you say "we do encourage consumers to check their reports from time time and resolve any disputes"

that infact your company does not (other than the stated internal limited QC checks) make any effort to expend your business practice to help the consumers find and resolve their findings without a payment to your company that uses their data to make your profits.

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hmmmm, the jury is out on that one.

 

consider the evidence.

 

1) JamesJ arrived at the time Surly presented his case to Experian

2) at the point at which Experian conceded Surly's point (see letter in sticky) JamesJ disappears, according to Surly "he was advised not to post here by his employers"

3) remarkably, at the same time that we learn of serious concern within CRAs that their case is unlikely to be upheld in a court and a weak verdict from the Information Commissioners Office JamesJ returns

4) JamesJ returns avoiding answering legal questions and sticks to the party line "motherhood and apple pie" comments - I mean just read some of his 'helpful' stuff from this afternoon

5) I allege that JamesJ is here as part of a planned attempt to put people off taking action and to entice people into 'abusing' his posts so that we get deflected from the issues in hand - consider last weeks 'banning/exile' of SB for example.

 

DO NOT FEED THE TROLL

 

I don't dispute any of your "evidence", but this is an open forum and hopefully we will gleen some more useful information and JamesJ is still a human being just doing his job (we may not like his job or the impact it has on our lifes but he is still human). Thought to myself, wonder what information is on jamesj's credit file?

 

I detest the way CRA conduct thrier business and the hassle it has caused me through the years and can't wait to see what all my ex-lenders have to say about me removing their right to share my information.

 

I think we still need to be polite to him as we would any member of the forum while not feeding the troll.

 

I think, although many questions have not been answered fully he is still engaging with the forum and not rising to much of the bait being thrown at him.

 

As I said before it is just a shame the banks aint brave enough to come on board for a discussion.

If I have helped click my scales....

 

Find my threads by clicking here

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Just had another thought,

 

Can anyone setup a CRA by applying for a licence? if yes then why don't the CAG setone up. A fair one that is transarent and completly honest taking all the learnings of this site and cases fought?

 

Is this something that could be offered as a future use for donations?

 

Just an idea.

If I have helped click my scales....

 

Find my threads by clicking here

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I don't dispute any of your "evidence", good but this is an open forum and hopefully we will gleen some more useful information we haven't learned anything helpful from JamesJ that we didn't already know so far and JamesJ is still a human being just doing his job (we may not like his job or the impact it has on our lifes but he is still human). Thought to myself, wonder what information is on jamesj's credit file? none of our business - but as an insider i bet he knew the consequences of a poor credit file sooner and in more detail than most of the public affected.

 

I detest the way CRA conduct thrier business and the hassle it has caused me through the years and can't wait to see what all my ex-lenders have to say about me removing their right to share my information. ok - don't get your hopes up though just yet, as things stand at the moment, there aren't many companies that have rolled over, court cases are pending though.

 

I think we still need to be polite to him as we would any member of the forum agreed. I have always been courteous and polite to JamesJ while not feeding the troll.

 

I think, although many questions have not been answered fully he is still engaging with the forum I don't think he is engaging in a helpful way though and not rising to much of the bait being thrown at him.

 

As I said before it is just a shame the banks aint brave enough to come on board for a discussion. It is my personal view that JamesJ isn't being brave at all and is merley attempting to prevent people taking on CRAs through the courts

 

Just my thoughts

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Anyone thought of composing a letter to campaign to teh MP's to create ONE, government/FSA run CRA with examples of the things they have done and how they have ruined people's lives?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Yes but there's a subtle difference. Lenders do not share credit account data to penalise people. The factual information is shared so that, when you apply for credit, participating lenders can consult a CRA and check your borrowing behaviour over the past six years, including how much you currently owe on credit. Most of the account info we hold is completely up to date and helps people get credit quickly and easily when they want it and can afford it.

 

James

 

Is disagree in principle and fact.

 

You assert most of the information is correct and up to date. The truth is that 99.9% of subjects have no idea what data you hold or how to get it. Im prepared to accept my value may be out, 99.1 or 99.9% maybe?

 

in turn you have no way of knowing if the data is correct since you are rarely challenged on the matter. According to a report submitted to the Treasury into low cost banking there are only 2-3million adults without bank accounts in the uk. Im not quite sure how many adults there actually are but CRAs will hold data on nearly every adult, for arguments sake 40 million people.

 

I suspect that in percentage terms you normally get less than 0.5% of that number of persons a year enquire as to the status of their credit file. If you can put some real numbers on this it would be interesting.

 

The average subject applies for credit and gets it, they have no idea what decisions are made about them by the lender only the deal they get at the end of the process.

 

The CRAs in turn have no way of validating the information beyond reliance of the goodwill of the banks.

 

There is no effective means for an individual to challenge the data held on their credit file since the CRAs accept,without exception as far as i can tell, the supplying lenders submissions.

 

So you assertion is made in good faith no doubt, but the reality is the CRAs has no interest in changing the status quo.

 

The effect of entering defaults on an individual is in effect to punish an individual for 6 years and irrespective of the value of the default or whether its just or not, the individuals ability to obtain credit at good rates is affected.

 

In the end, the CRAs have a business to run and it is effectivley unregulated at the moment with the balance of power tending towards the lenders and the CRAs themselves.

 

The Data Protection Act on the other hand is supposed to support the interests of the subject and the 'establishment' refuses to accept that, actually they are riding roughshod over the rights of the subject in search of the extra dollar.

 

JMHO

 

Glenn

 

Edit found a couple more, it always takes me ages to see the damn typos

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Well, people who have defaults registered can only obtain credit at higher rates - convenient for the banks (your clients), don't you think? I wonder if Experian etc make more money for each person who has defaults etc?!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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James

 

Is disagree in principle and fact.

 

You assert most of the information is correct and up to date. The truth is that 99.9% of subjects have no idea what data you hold or how to get it. Im prepared to accept my value may be out, 99.1 or 99.9% maybe?

 

in turn you have no way of knwoing if the data is correct since you are rareley challenged on the matter. Accoridng to a report submitted to the Treasury into low cost banking there are only 2-3million adults without bank accounts in the uk. Im not quite sure how many adults there actually are but CRAs will hold data on nearly every adutl, for arugments sake 40 million people.

 

I suspect that in percentage terms you normally get less than 0.5% of that number of persons a year enquire as to the status of their credit file. If you can put som real numbers on this it would be interesting.

 

Th average subject applies for credit and gets it, they have no idea what decisions are made about them by the lender only the deal they get at the end of the process.

 

The CRAs in turn have no way of vlaidating the information beyond reliance of the goodwill of the banks.

 

There is no effective means for an individual to challenge the data held on their credit file since the CRAs accept,without exception as far as i can tell,to the supplying lenders submissions.

 

So you assertion is made in good faith no doubtm, but the reality is the CRAs has no interest in chaning the status quo.

 

The effect of entering defaults on an individual is in effect to punish and individual for 6 years and irrespective of the value of the default or whether its just or not the indioviduals ability to obtain credit at good rates is affected.

 

In the end, the CRAs have a business to run and it is effectivley unregulated at the oment with the balance of power tening towards the lenders and the CRAs themselves.

 

The Data Protection Act on the other hand is supposed to support the interests of the subject and the 'establishment' refuses to accept that actually they are riding roughshod over the rights of the subject in search of the extra dolar.

 

JMHO

 

Glenn

 

I'm sure there are some valid points in here but I can't tell. All the spelling errors make this extremely difficult to read.

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Tinkerbelle

 

thanks for that, i think ive found most of them.

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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