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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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      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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Hi,

There is this one:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

Personally, I would ignore them. If they persist, report them via Consumerdirect

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I didn't realise you were in Scotland so no, that letter won't do and I haven't seen a letter apart from the Scottish SB letter

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I would send a further Statute Barred by recorded delivery and keep a copy. If they ignore this one make a compliant about harassment.

Dear Sir/Madam

I refer to your correspondence dated the

I would ask you to consider the following points:

1. This debt has now prescribed under the Prescription and Limitation (Scotland) Act 1973 as the debt has subsisted for a continuous period of five years-

(a) Without any relevant claim having been made in relation to the obligation,

A relevant claim in a consumer credit contract would normally be the raising of a court action-

And

(b) Without subsistence of the obligation having being relevantly acknowledged,

Then as from the expiration of that period the obligation shall be extinguished

A relevant acknowledgement in a consumer credit contract would normally be an unequivocal written admission by the debtor that the debt still exists or by making payments to the debt

We would further advise you that in Scotland unlike England and Wales the debt is totally extinguished and ceases to exist.

Unless you have contrary and irrefutable proof to the above we would ask that you refrain from making any further claims.

You will no doubt be aware that the Office of Fair Trading (OFT) has issued guidelines as to practices which it considers to be unfair. We feel that your continued pursuit of this debt when it no longer exists under the above legislation is a contravention of these guidelines and throws it to question your fitness to hold a consumer credit licence.

It will therefore be our intention, if your activity persists; to report the matter to the OFT Consumer Credit Enforcement Team

Yours faithfully

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  • 3 weeks later...

As a previous employee for BCW, I can sympathise. I left the company due to their shoddy, underhand tactics. Don't be bullied by them. The people who man the phones are generally utter amateurs and concerned with only one thing: Bonuses.

 

The bonus culture at BCW is horrendous. No one gives a damn about the 'debtors' because they all just want to hit targets to get more money. There's no incentive for trained debt collectors.

 

Make sure you send them a letter asking them to contact you only in writing. In my personal experience, the correspondence administrators are better trained and more knowledgable than the monkeys on the phones.

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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I would give consumer direct a ring.

 

Consumer Direct - Contact us

 

They will pass your complaint on to their local trading standards

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Has anyone (Scotland) had any trouble recently from a company in Glasgow called Fresh Start? My son has been telephoned constantly by them regarding a debt which has long since been paid in full through another Glasgow company, Murray White, a nasty shower if ever there was one. Would be glad to hear of any other experiences with either of the above. We have reported the Fresh Start lot to OFT/TS as they are constantly calling his office number.

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I've never heard of Fresh Start, but Murray White are pretty well known. They're just a debt collection agency.

 

Calling someone who is at their place of work goes against the OFT guidelines for debt collection, so they should act on it, but don't expect a swift resolution - the OFT are notoriously slow in everything they do.

 

In the meantime, your son should tell the company that he is at work and it's against OFT guidance (by recorded delivery letter), assuming he hasn't already done so.

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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Thanks for that infor, I will make sure that the company sends a recorded delivery letter to the Fresh Start lot saying just that. Bad enough when you DO owe a debt, but when you DONT, it's a bit much. I am assuming that Murray White have sold them a 'pup' as there is in fact no debt outstanding?

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