Jump to content


  • Tweets

  • Posts

    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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

Dlc & mdb hillis & discounts on MBNA 'debt'


stuinn
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4543 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

I have been receiving a letter from DLC which has annual statement of account which refers to a "Hillesdenden Securities Ltd formerly MBNA" account. Then in August I received a letter from MDB demanding payment for MBNA showing the same amount as the DLC letter. This month a further letter from MDB was received showing a settlement offer of 50%. Seven days later a letter from DLC again titled "annual statement of account". Am I correct in thinking 2 DCA's cannot claim for the same account? What should I do about it?

Link to post
Share on other sites

Does this appear on your credit files?

Who wrote first The Mercantile Data Base,

doing the tracing angle or DLC for collecting.?

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:

Link to post
Share on other sites

Hi post, I'm interested in this as a point has

been raised similar to this item.

I have a case which has opened up the

argument of the use of trading styles involving

this group, which is being put forward by an insurance

company funding a claim.

Mercantile Claim Tracing only, Hillesden claim debt

purchase, DLC claim collection in theory, so as to

the CSA & dbsg

guidance doc October 2010 it would appear that

all three organisations writing to the same alleged

debtor is contrary to section 2 (i) of that document,

partly hangs on the time scale the letters are delivered

over the 1st contact and if all three are concurrent or

separate.

That was the reason for that particular inquiry:-)

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:

Link to post
Share on other sites

It was not on my credit file but have not checked recently. The first letter/ statement came from dlc. I have also just realised that this was 6 years old in July of this year so do I send a statute barred letter or do as an earlier post mentions and ignore.

Thanks for you replys, much appreciated.

Link to post
Share on other sites

Ignore for now, check CRA Files

again, then if you are sure that

no payment or acknowledgment

has been made in 6 Clear years

then send the SB letter.

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:

Link to post
Share on other sites

That's a bit stern Field agents,,, is it the same as Spooks !!!!!! what idea's of importance they attach to such drivel. My one reply comment would be to the end statement... THIS DEBT WILL NOT GO AWAY..... oh yeah, ever heard of Bankruptcy... or you can't get what I ain't got.... ( simples )

 

I wonder what DCA they will use for Greece !!!!!!!!!!!!!

[sIGPIC][/sIGPIC]Happyhippy1959

Link to post
Share on other sites

Definite indicator of statute barred,

time I think for a SAR to MBNA to tackle

the question of the last payment or acknowledgment.

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:

Link to post
Share on other sites

SAR sent yesterday.Is it 40 working days or 40 straight days for them to respond within?

 

Correct 40 calender days.

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:

Link to post
Share on other sites

Dear Bill&Ben @ DLC,

 

I cannot tell you how extremely privileged you have made me feel in that you are putting me on a 'debt surveillance programme' my friends will be so chuffed to see me on TV, incidentally what channel will it be on so I can make them all aware, and will I get any royalties?

 

Not that I am a diva of any sort, but I will make you aware that I only like my toast done on one side and I only drink green tea, with the tea spoon still in the cup, not a mug.

 

Thank you, thank you, thank you, for putting me forward to your programme, I can assure you you won't be disappointed.

 

Yours sincerely,

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 2 weeks later...

I have an issue also with DLC(Debt, Legal and Collections). I owed Captal One about £300 from over 3 and a half years ago. I received a letter from Capital1 telling me that they were no longer in control of my debt as they had "SOLD THE DEBT" to an outside collection agency. I have NO CONTRACT with anyone other than capital1, therefore am I under any legal obligation to pay the debt collection company. Was Capital One in breach of the DATA PROTECTION ACT 1988 when they sold my personal details, phone number and home address to a third party???

Link to post
Share on other sites

P.s.. I got a letter this morning from DLC, and just BLANKED OUT MY ADDRESS.... And wrote on the envelope...NO CONTRACT RETURN TO SENDER!

I did this once with a debt letter from a parking ticket which I was given whilst parked on private land.....That was 4 months ago! Heard nothing yet!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...