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    • Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
    • You can easily argue your case with no sign on the nearest parking sign
    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
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      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.
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dlc, but what debt ?


Darzen
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I have just recieved this letter from dlc

 

 

Dear XXXXXX

 

Client : Hillesden Securities Ltd formerly Associates

Client ref : xxxxxxxxxxxxxxxxxxxxxxxxxxxx

Balance outstanding £xxx

 

We have made numerous attempts to contact you to agree a repayment program for this outstanding debt to no avail.

 

Your account is now being transferred to our Debt Surveillance Programme where regular reviews into your financial circumstances will be conducted to assess your suitability for litigation action.

 

We will continue to report your default to the credit reference agencies and may periodically instruct field agents to visit your property to assess your ability to pay.

 

It's not too late to prevent this by contacting us on xxxxxxxxxxxxx to discuss repayment options.

 

Act now. This debt will not just go away.

 

Yours sincerely

 

xxxxxxxxxxx

 

xxxxxxxxxxxxx

 

First thing, although i have had letters from these before ( not for around a year) I can't remember who the original debt is for. I think it is a credit card company, but can't remember which one as i haven't had one for at least 5 years maybe longer.

 

What do i do next ?

 

Edit: It is possibly for a jjb card i had but that was at least 5 years ago too.

Edited by Darzen
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In the past I've had the same letter and chose to ignore it...Is it possible you've had a Citi financial aka Citibank aka Citi aka Peoples Bank etc?

 

 

The credit card could have been citi bank as the name sounds familiar, it's been so long i can't remember. lol

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Which all said and done is pretty disgusting really., Hillesden/DLC of late seem as desperate as can be.

 

My sister had the same letter a few weeks ago, and upon checking the paperwork we found that the alleged debt has been SB since 2001.!!

I reside in Dawlish Warren but am not a rabbit.

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My sister had the same letter a few weeks ago, and upon checking the paperwork we found that the alleged debt has been SB since 2001.!!

 

I think you've GOT them finally.

 

If the debt is STATUTE BARRED then they are making demands for money without ANY legal justification for doing so -- SEE if you can throw an EXTORTION charge against them -- even if the case doesn't go to court a possible CRIMINAL prosecution should put the fear of God into these creeps.

 

Making UNLAWFUL demands for money IS extortion and a SB debt is just that --it's no excuse for the DCA to say "sorry we made a mistake" --they should have CHECKED before harassing you.

 

Go and get 'em.

 

Cheers

jimbo

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A letter used when a debt collection agency contacts you about an unknown debt. Red script is editable

 

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

I reside in Dawlish Warren but am not a rabbit.

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Note to Cagbot: I've posted the above because the user Darwen cannot see the template section, I know the preferred method is to refer a user to the

template section rather than post it inline but as the user cannot see the template section then? If I have done wrong and to be banished to one of

the far distant corners of Cagland then ....well, it's been nice knowing ya but you can kiss my patooty ..or suk eggs, whichever your prefer.:-)

 

Darwen, the letter in my post above this is the prove it letter and if this is the course of action you've decided to take as per the advice given

by someone further up the thread then be sure to send the letter recorded delivery so as to retain proof of delivery and DO NOT sign it with

your signature, in fact I would go so far as to say sign it with an squiggle and nothing more.

 

If you get a reply then come back here I'm sure you'll again be posted in the right direction.

I reside in Dawlish Warren but am not a rabbit.

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