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    • Why so many loans? I would question whether there has been irresponsible lending here. What checks did these lenders complete, before they loaned the money? At some point, suggest you send SAR requests to each company to check what is on file.  
    • Thank you for the letter, that makes things a lot clearer. So it's a statutory demand rather than self-certifying. See what @Man in the middle thinks but to me, it seems as if the lawyer has a good strategy and seems to have covered all the bases. Although MitM thought you didn't need a lawyer, is s/he going to be at court wit you? HB  
    • Could you post up the letter, with your personal info and their reference covered up, please? It should say Letter of Claim, but let's have a look just in case. HB
    • I know dx, a lot of it was my partner and how she felt about it. I also appear to be addicted to my credit file being clean. I still worry for my partner she has too much on as it is, but I am ensuring I manage both of ours so She can forget about. i guess in terms of time I bet masses are defaulting with this economy as it is right now and high interest rates might be the only thing going for me right now. I guess  I’ll find out
    • Please see below for an extract from the letter more about my case. You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This  may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
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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.
      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.
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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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HFO Capital/Services/Roxburghe - OFT Minded to Revoke Licences!


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Surely if a solicitors firm SOLELY does debt collecting (and I can name a few) then they MUST have a separate licence. Its a bit like a bus company only licencing one bus when they need to licence the lot - cheapskates or what.

 

Should hopefully be a nail in the coffin to the 'in house solicitor teams' operating under a group licence or a group SRA licence... and certain other firms profits would be hit by having to pay out licence fees.

 

The OFT seem to be developing teeth.....

 

Must be all that "training" they are getting :-D

 

S.

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No wonder the SRA are above useless when they can’t even spell.

Bellow is taken directly from the SRA site.

The Law Society's consumer credit group licence has been varied to include the two new categories of ancillary credit business which came into force on 1 October 2008. The two new categories covered by the group licence are "debt administration" and "credit information services". The validity date on the current group licence has expired, but the Office of Fair Training (OFT) has confirmed that it remains in force while the OFT considers our application to renew the group licence.

And again

The group licence covers these activities provided that they are carried on in the course of practice as a solicitor. The SRA has applied for the group licence to be renewed on essentially the same basis, but the Office of Fair Training (OFT) has expressed concern about whether firms that undertake debt collection as part of their core business should be covered by the group licence.

I think someone in the SRA needs some training lol.

 

If the SRA can’t spell Office of Fair Trading they should stick to OFT.

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Just been looking at the OFT's latest CEA list, and it appears that after any MTR status has been arrived at (which as we all know is quite a serious stage), in the majority of cases whether it be a revoke, refuse 1st application or refuse renewal, the trader has not retained thier licences. They are recorded subsequently as application withdrawn, licence surrendered etc etc. There appears to be no coming back after the OFT decide this. If the internal appeal / adjudication stage can't be overcome, then thats it game over. From my own knowledge of these cases, I am predicting an outcome with similar determinations as given out to (albeit by the Courts) the director of LNS last December. This went criminal and was heard in Southwark Crown Court. We will have to wait with baited breath and see. It would be a major result for the oppressed "little man" if all thier charging orders were forced to be lifted and overturned as in LNS case. If the OFT can do it in that case then it can be done again and again to any other DCA who chooses these modes of operation that we have all been on the receiving end of.

There appears to be light at the end of the tunnel with HFO

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As members of the site team have pointed out there will be a ''Phoenix'' company rising from the ashes of this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Very true, probably been set up around January time (I suspect - good for tax too...)

 

HFO have proved to be very devious with the inter-company transfers, and maybe this particular business model will be seen as a failure.

 

Are we going to have a site meet up to celebrate their demise?

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As members of the site team have pointed out there will be a ''Phoenix'' company rising from the ashes of this.

 

That all may be well and good, anyone can register a quick ltd co, but the big problem arises as to who will front up and meet the strict criteria for the CCL ?? Im sure that as soon as this happens, if at all, we will all be there to start a "round 2" if they misbehave !!!!

There appears to be light at the end of the tunnel with HFO

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Surely there must be a way we can object if they apply for a CCL for a phoenixed company? Otherwise it makes a mockery of the whole thing - as it is you have to break every rule in the book for literally years before the OFT do something. If they can then just go out and start over, then there seems little point in having the OFT at all :(

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There is by keeping up the complaints to the OFT!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The FSA have stated they will not or cannot act in this matter and passed me on to another goverment organisation ? perhaps it is because they are already looking at them , but i have streniously made them aware and i explained that i beleive they are partially accountable if they refuse to act sooner rather than later i have also sent notification to the MINISTRY OF JUSTICE and asked them if they have been made aware of the situation concerning Alice i as yet await a reply concerning the POSSIBILITY OF UNLAWFUL CHARGING ORDERS

patrickq1

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