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    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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    • Qantas agrees to pay millions to settle lawsuit accusing it of selling tickets to cancelled flights.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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
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Hi All.

 

Had a loan from these sharks over two months ago of £110.00p but come the date agreed could not afford to repay the loan back due to unforeseen circumstances. The interest and charges soon started rolling in and come the next payday you guessed it i could not afford to repay there extraordinary charges in a matter of a month for a £110.00p loan which i received £85.00p after there so called service charge i logged onto the account to find that it stands at £347.00p which i could not afford in one payment i was asking for a repayment arrangement in which i basically got told i had more chance winning the lottery. Today the balance stands at over £500.00p which i cannot repay. However i logged on to my account a week ago and my status read 'DEBT RECOVERY' and the balance then was £450.00p now what i would like to ask a more experienced member is that do these crooks have the right to add on more daily fees once the status has reached Debt Recovery status and hence has passed or sold the debt to another company? Your advice would be most appreciative. :-)

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hi

my experience with these crowd are like yours they wont accept repayment offers, my advice to you cancel the card you gave them they will try to take money from your account, they took £50 from mine without authorisation, and are now threatening me with court action, just a waiting game now to see their next move, so cancel card

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Hi there

 

Drawing from my own experience with other lenders, I'm not sure how you stop them adding charges this certainly won't stop them trying neither, but, refuse to pay such outrageous sums - you only owe what you borrowed plus the one months interest

 

I hope they are now under investigation.. they got to be amongst one of the worst 'legalised' sharks - I've never heard of anyone setting up a payment plan to be honest but apparently they will accept token payments of whatever you can afford to give - give your case strength and teeth by making a payment and don't be afraid to let it go to court, IF it gets that far, then a judge does the deciding

 

I'm sure there are loads on here suffering at the hands of Mini Credit - take a look back at threads so you know what to expect because knowledge is power with these delusional payday lenders (I think I must be having a good day!! :oops: cause I'm nearly there with paying another one of my creditors of!)

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Hi Guys thanks for the replies.

 

What i am trying to get at here is that for example my account reads 'DEBT RECOVERY' and the balance on this account reads say £786.90p on the 12-12-2011. And then two weeks later reads £1189.00p on the 01-01-2012. Am i right in thinking that the company cannot do this as the debt in there words has been passed on to debt recovery agents and therefore the loan has been sold or passed on to debt recovery agents on or before the 12-12-2011. I for one find this as a serious breakthrough if i am correct for people in the same boat as me by being crippled and crushed by these sharks. As this proves that this company is telling lies and would not stand a chance in a court of law would like silly girls view on this please as i believe i have found a glitch in there Armour. Thanks for the replies once again all god bless.

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hmmm.. not sure best let Sillygirl take a look then

 

I don't know they can get round not keeping user accounts online up to date - recently had a prob in this respect with another (Lending Stream) stopped updating the online a/c when I had been making payments under some utter rubbish I was paying a third party - their very own debt collection team !

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Hi asmilecostsnothing thanks for the reply.

 

Ah yes they can claim this but if that is the case how comes the price goes up automatically every day?

I would urge all in the same boat to do what i do and take a picture or print copies on a daily basis.

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hiya. I have had a loan with minicredit and was in a similiar as ur own. They shouldnt really be adding on so much interest and all you have to pay is the original amount borrowed and one months interest and THATS ALL.

 

Dont worry abt the extra charges.it does say debt recovery but they take time giving your account to a dca.if they do it will most likely be Fredricksons.

 

Minicredit do not accept repayment plans so its maybe best to wait till they pass onto a DCA as they will most likely accept repayment plans. Then you can only pay the amount borrowed and one months interest,

 

hope that helped x

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Hi asmilecostsnothing thanks for the reply.

 

Ah yes they can claim this but if that is the case how comes the price goes up automatically every day?

I would urge all in the same boat to do what i do and take a picture or print copies on a daily basis.

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All i am pointing out is that i believe it classes as 'False and Misleading' and 'unethical' for the point being made above. I realize that you owe them 1 month plus the original loan amount but surely the point i raise is a valid one of that.

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They add on charges as follows:

 

£25 first default charge, then a further £55 3 days later.

1% fixed interest a day (on the original loan amount)

£3 every day for failed attempts to collect repayment

£100 doorstep collector fee

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Hi oh ffsI think people are missing the point i am trying to make here. The point is that once your status reads 'DEBT RECOVERY' as it states on their website then no further charges or fees should be added to the balance as the debt has been passed on or sold to a third party debt recovery service. Does anyone understand the point i am trying to make here?

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I'd be very surprised if the debt has been passed on at this stage. Mine has stated 'debt recovery' for about 2 months yet MC are the ones I've been dealing with.

 

The point I was making is that the balance keeps going up due to charges levied which aren't fair or reasonable, regardless of when these were applied.

 

MC have invited me to make an offer for full and final settlement (as long as this is 'reasonable') by the end of the month which I will be doing. Previously I have made them what I think were 2 reasonable offers which they have flat out refused (I won't be offering more than previously).

 

Basically they threatened legal action by letter and I sent them an email which stated I would report them to the OFT and I would defend any CCJ which may be forthcoming. I have made clear I would like to pay the debt but I am disputing the balance and I shall not be paying any more whilst the balance is in dispute. The majority of correspondence by me has been done in writing, or when I have phoned up, I've followed this with an email summarising the call. This is my record of exactly what has happened.

 

Their correspondence is poorly written, any offers I have made for full settlement have been refused but these can be given as 'partly payment' but they will still apply their ridiculous charges until fully paid. Last I checked my £250 loan is now over £1k according to them.

 

Sillygirl1 has been very very kind and very helpful with any of my questions. Don't get bullied by MC, report them to the OFT if you can and communicate in writing by using this email which they do read and respond to:

 

[email protected]

 

I will keep you updated of what happens at the end of the month. I suspect they won't accept my offer of full and final settlement but I'm not paying their unfair charges.

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Hi Again oh ffs

 

Just want to pick you up on this.

 

I'd be very surprised if the debt has been passed on at this stage. Mine has stated 'debt recovery' for about 2 months yet MC are the ones I've been dealing with.

 

This is the exact point i am trying to make is that once your status on their website reads 'Debt Recovery'. This means that they have either sold or passed on your

account/file to a third party in order to recover the money owed and therefore have no right to add more charges or fees as the account/file has been sold/Passed

onto a debt recovery service. It is not our fault if they cannot be quick enough to instruct a debt recovery service to peruse the debt but once Mini Credit deems your account to debt recovery as stated on the site then all charges owing to that account should cease from the point/day that they state your account is now with debt recovery services. Do you follow? All the best.

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Hi Again oh ffs

 

Just want to pick you up on this.

 

I'd be very surprised if the debt has been passed on at this stage. Mine has stated 'debt recovery' for about 2 months yet MC are the ones I've been dealing with.

----------------------------------------------------------------------------------------------------

 

This is the exact point i am trying to make is that once your status on their website reads 'Debt Recovery'. This means that they have either sold or passed on your

account/file to a third party in order to recover the money owed and therefore have no right to add more charges or fees as the account/file has been sold/Passed

onto a debt recovery service. It is not our fault if they cannot be quick enough to instruct a debt recovery service to peruse the debt but once Mini Credit deems your account to debt recovery as stated on the site then all charges owing to that account should cease from the point/day that they state your account is now with debt recovery services. Do you follow? All the best.

 

I haven't had any indication from another party that they have picked up the debt, all letters and phone calls since have come direct from MC. I'm sure the 'debt recovery' status is just scare tactics, just like the doorstep collector they've charged me for but never showed.

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The £3 daily charge is extortionate and breaches the original contract completley, this alone is grounds to get them thrown out of court, they are having a laugh and being very inventive here, you need to complain to the following organisations who are aware of their activities

 

http://www.tradingstandards.gov.uk

http://www.consumerdirect.gov.uk for the OFT

 

Get complaining now, yours could be the complaint that gets them closed down.

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Hi oh ffs.

 

Scare tactics or not what they are doing is wrong as they clearly state the account is in the hands of Debt Recovery and therefore should add no further interest or fees as the account has been brought or passed on. Proof? Try printing a daily sheet of your added fees after the account reads debt recovery and tell them to explain this to a judge.

 

Hi sillyGirl1 hope your well.

 

Your advice would be much appreciated if i can put this point across. Mini Credit sent out letters for example Mr Jones and there is two Mr Jones residing at the same address. Am i well within my rights to complain to Mini Credit that i wish for my first initial to be put on when sending postal letters to my address for example again Mr H Jones. Would appreciate your advice on this please as i wish to keep my debt personal. Thanks Again.

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You can email them stating that you want all correspondence via EMAIL only - due to the confusion of people with the same name at the same address - this is a reasonable request. I know they won't comply but you can't complain further unless you give them a chance first.

 

You need to read the OFT Guidelines on Debt Collecting which have been recently updated and mark each breach they make, give them a chance to put it right and then complain to the OFT. They deem that 5 days is adequate for most breaches to be remided (and that includes weekends, how many times do you get a letter on a Friday giving you 3 days to deal with something, especially over bank holiday weekends!).

 

They are in breach of the Data Protection Act which is a more serious offence, a complaint to the Information Commissioners office might bring about some action.

 

As for them continually adding charges and interest, they can't do that, the contract has been breached and any interest now (theoretically) is STATUTORY interest of 8%, which is what a court would allow. They are taking the proverbial.

 

What you need to do with the daily printouts of your account is send those to the OFT, stating that they are trying to unjustly enrich themselves and are not communicationg clearly or properly with you - you want to resolve the issue but they are having a laugh. If the alleged debt goes above £750 they could theoretically bankrupt you - which would be a completely disproportionate action due to the low level of the orginal debt and the amount that may have already been repaid.

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