Jump to content


  • Tweets

  • Posts

    • The NTK is pretty good at complying with the Act  as is the Notice to Driver so no help there. I seem to remember OPS getting hammered by a Judge [in brighton I think] so they seem to have tightened po their act since. The organ grinder is the MA and the monkey is OPS.
    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
  • 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 
        • 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
        • Like
  • Recommended Topics

Welcome finance and Wescot


jess22
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4741 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

Jus t wondered if someone could give some advice,i have an unsecured loan with welcome finance,i originally borrowed £3000 in march 2006 and then in december 2006 borrowed another £2500,all this time i was making payments first of around £180 then after second loan around £280 until august 2007,i then went on to a paymeent plan which i paid £56,i then found it a struggle to pay this and asked welcome if i could pay less,finally welcome agreed to payments of just £25 which i continued paying up until about august when i had some very serious issues going on in my personal life,what had happened was the direct debit bounced and i wasnt aware of this until i recently recieved a phonecall from wescot in january.

Wescot informed me that they were handlinmg my loan which is still standing at £10,500!! i asked wescot if i could make the £25 payment i was originally making but they refused and after asking a few questions re i&e including my husbands (which i wasnt happy giving as i took this loan out before i was married and its under my maiden name) they said i had to pay £89 a month aand they wouldnt accept less as i had my husband to support me.I agreed to this but really cannot afford it as im paying a lot of others,all of whom have now come to arrangements i can afford,i had only budgeted for the £25,can anyone advise please on what to do,im tempted to cancel the direct debit and if i can find there bank details pay the £25,but will wescot take this further and more importantly willthey come round to the house,id be greatful for any advice on this or if anyone has had any dealings with wescot.

Thanks ain advance x

Link to post
Share on other sites

Petal9 Hi.The first and most important item is,get rid of the Direct Debit and change it to a Standing Order,this will leave you in charge of your outgoings at the moment Westcot can take what they like from your bank account.

 

You only need pay what you can honestly afford,do not let Westcot bully you into paying more,they have no powers for you to worry about.

 

Your I&E which you submitted was it for joint incomes on a debt that is in your name only?

 

They Westcot can threaten to send somebody around to your house(it usually is just a threat), who ever might call has no power ,have a read in the site library of the letter to send should Westcot make this threat.

 

Pay the £25 by standing order,Westcot will start complaining,make us aware of their threats we can help

 

Do you have a Debt Management Plan in place as it appears you have other debts?

 

Regards FS

Link to post
Share on other sites

Thanks for your quick responses:-)

 

 

[] The i&e i submitted was for joint as they wouldnt accept just me on my own,the debt is in my maiden name only.

 

I hAVE SORTED ARRANGEMENTS OUT MYSELF AS FOUND DEBT MANAGEMENT DIDNT WORK,THEY HAVE ALL AGREED APART FROMN WELCOME AND QUICK QUID WHO WANT ME TO PAY £50

 

IM UNSURE IF WESCOT OWN THE DEBT,THEY JUST SAID THEY WERE NOW DEALING WITH IT,I DONT HAVE ANY DOCUMENTATION,LOOKED FOR IT BUT UNABLE TO FIND IT:-(

Link to post
Share on other sites

Petal. Re the I&E dont think they can do this the debt is in your name so it should be your I&E only but I will clarify this.

 

OK your own DMP well done just pay Welcome and Quick Quid what you can honestly afford and confirm it is part of your DMP and is a fair and honest offer.

 

As you do not have a copy of the agreement for the loan send a SAR request along with £10 recorded delivery send this to the OC ask for all agreements,statements,and all data ,this will produce the history for the account and confirm who owns the debt.

 

A CCA will produce the agreement and ask who owns the debt as well as a separate line in the letter this will only cost £1,

 

Regards FS

Link to post
Share on other sites

Ref your I&E had a word with one of the Site Team who I thought would be very much up to speed on this,answer Your single I&E not joint is fine as long as a fair accurate share of the out goings is taken into account within your calculations .If they are unhappy with this,consider putting in a formal complaint

 

FS

Link to post
Share on other sites

Thanks for the advice,ive cancelled the dd and will pay via a bank transfer the £25,im sure they wont be happy but a least im paying something thats fair to everybody else. How do i mention to wescot when they do get hold of me about the i&e being based just on me as debts in my name only?

Thanks again x

Link to post
Share on other sites

Yes Postggj agree with this,

 

When Westcot throw a tantrum we can put a letter together along the lines of "your original I&E included your husbands income and this of course not relevant to this debt" etc etc

 

Lets wait and see

 

Regards FS

Link to post
Share on other sites

  • 2 weeks later...

Hi all

Well paid Wescot the amount i said,had a letter telling me to urgently contact them and phonecalls and text messages everyday,i emailed telling them that this was all i could afford but still keep getting these calls,shall i just ignore and keep paying the £25 in the hope they will just get fed up or shall i phone them? im a little bothered about ringing them as this was the way they talked me into paying an amount i cannot afford in the frst place.:???:

Link to post
Share on other sites

Help!!!

Another letter again yesterday from Wescot stating my account is in arrears and that if i dont pay the arrears they will either take legal action or send it to one of there doorstep collectors who will come round to recover the debt,i really dont want to talk with them as they have already talked me into paying more than i can afford,ive paid the amount i can afford this month but there still pestering for the rest,i dont know what to do,ive heard a lot of horror stories on welcome calling round to your house and i really cant risk this happening,but just want to pay what i can afford,please can anyone advise me?

Thanks

Link to post
Share on other sites

Help!!!

Another letter again yesterday from Wescot stating my account is in arrears and that if i dont pay the arrears they will either take legal action or send it to one of there doorstep collectors who will come round to recover the debt,i really dont want to talk with them as they have already talked me into paying more than i can afford,ive paid the amount i can afford this month but there still pestering for the rest,i dont know what to do,ive heard a lot of horror stories on welcome calling round to your house and i really cant risk this happening,but just want to pay what i can afford,please can anyone advise me?

Thanks

 

I have dealt with Wescott before total pain in the arse.! but you can put these idiots back in their box...

On the site download the harrsament letter and adjust it to suit yourself ...or write a letter in it stipulate all further correspondence in writing and you do not authorise any doorstep visit which you will regard as trespass and call the police,finish by saying any further calls then you will contact the FOS and the consumer credit council, this will shut them up as they will get charged by the FOS for any investigation.

It sounds like Wescott have purchased the loan so CCA request a.s.a.p. Personally i would not send any I&E info to them and stick to the 25 per month.

You will need to see what charges are on this loan and any other items like ppi.

Dont panic these retards will threaten all sorts of action , guarenteed your next letters will be from their pre legal or pre litigation dept, which is just the same office only on more shiny paper probably with red writing on it ...dont throw these away just file them it's what I did before I spoke to FOS and sent them copies to prove what Wescott were doing..got an apology from Wescott and they passed my account on...

Link to post
Share on other sites

Hi all

Well paid Wescot the amount i said,had a letter telling me to urgently contact them and phonecalls and text messages everyday,i emailed telling them that this was all i could afford but still keep getting these calls,shall i just ignore and keep paying the £25 in the hope they will just get fed up or shall i phone them? im a little bothered about ringing them as this was the way they talked me into paying an amount i cannot afford in the frst place.:???:

 

found this on the site..fire it off to them a.s.a.p

 

ACCOUNT NUMBER ******

Dear Sir or Madam

I am writing in relation to the quantity and frequency of telephone callslink3.gif that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone callslink3.gif from your company will be recorded.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...