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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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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'd be interested to hear people's experiences of MetroBank - I'd be interested in opening an account with them but obviously my credit rating is pretty abysmal - how have people with poor credit ratings fared getting an account with MetroBank?

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I have never actually heared of MetroBank so can not comment on them. There are other banks that will give you an account even with an 'abysmal credit rating' Natwest, Halifax, Co-op to name but three.

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I have never actually heared of MetroBank so can not comment on them. There are other banks that will give you an account even with an 'abysmal credit rating' Natwest, Halifax, Co-op to name but three.

 

Oh yes, I know! I bank with NatWest at the moment, but as someone who works long hours and who is deaf so can't use phone banking, I'm attracted by the thought of being able to visit a branch at times convenient to me, i.e. evenings and weekends.

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  • 1 month later...

Hiya,

 

My credit rating has swiftly been diminished over this summer but if you open a cash(current) account with metro bank they do not have to do a credit check :) I got my new account and the staff were really friendly and understanding there...hope it helps.

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  • 2 months later...

I tried opening a basic account with them but wasn't able to because they couldn't agree my date of birth with Equifax ... I'm not that bothered as I have basic accounts elsewhere but was a bit bemused... and it was a bore waiting for hours to try to open the account.

 

OH was successful opening a basic account and got a debit card there and then. The main problem with them is that they are not clearers - everything goes through Barclays - so if you get a transfer or pay in a cheque it takes an age to credit the account.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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  • 10 months later...
  • 2 weeks later...

 

Well, Metro Bank will be going on the web next year at some point so everyone would be able to apply for an account on line....but I do not know if you can apply for a cash account on line next year as their Branches are so far away...I do not have a Bank account at all Just have to use a pre payed card account that supply a sort code and account number called my cash plus...it's a very bad banking system we have in the U.K.. because most if not all these Banks do refuse you on opening of these Basic account's if you have CCJ's and Default's as I do which I have experience with all of them...so it is not the case that they will open you an account which is basic...as this does prove dispite they continue to mislead us in the fact they don't check...as if this was so they why do they refuse???

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  • 1 month later...

I opened a cash account some months ago because I have a bad credit score - due to a former colleague bringing down my business, followed by serious illness and surgery, resulting in disability - and negligible income for several years. The account was opened very quickly on presenting passport and driving licence. They said I could upgrade it to a current account after 3-6 months of satisfactory operation with a regular income stream.

 

The Cash Account card can be used at most ATMs (unlike a Lloyds one), but there are no SOs or DDs (unlike some other cash accounts). Internet Banking is OK, but a little strange-looking if you are used to HBOS for example.

 

Incoming payments by Faster Payment work fine, but may take more than the usual "2 hours" to be shown; this will apparently get faster soon. Cheque clearance times are as with any bank - they use Barclays as clearing agent, so it should be as with anywhere else.

 

After three months I upgraded to Current account, and once the Faster Payments Out service is available (late December 2011) I plan moving all my SOs and DDs, plus regular credits, across from HBOS.

 

Deposit interest is uncompetitive (this is because the bank regards good service as more important), so I still use a PO Internet Savings a/c for savings. It is easy to move money between them.

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  • 1 year later...

That's strange you know regarding 'Cash accounts'. Lloyd's and Co-Op use a CRA and the Co-Op even tell you they've seen a problem on it (if you have one).

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Was just thinking Metro Bank was on Earls Court Road (very large building) and I pass it daily on the way to work. Never really looked at the dates but now I see your point. I always thought they were Malaysian based rather than US.

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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  • 1 year later...

I mistook Metro them for the Malaysian bank and would still consider them as they made their banking system jump through hoops to serve the customers better.

 

Find something to enjoy every day.

 

[20190624]

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thread is 2yrs old

closed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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