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    • Update: This afternoon I got a letter from Drydens (on behalf of their client Erudio) that says: Please find enclosed, by way of service, a copy of Notice of Discontinuance sent to the Court under cover of our letter of today's date. The enclosed Notice of Discontinuance has - for all of this claim - ticked. I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim?  Should I celebrate? During my hearing, when adjourning the court date, the Judge ordered that no more evidence is to be handed in by either party. I assume that they did not think they would win, therefore filed for Discontinuance.  I'm just confused how this is in their favour as they will lose the money they spent so far.  What I'm also unclear about is - does this mean that they can submit another Claim with different evidence? Or once they Discontinued they can't sue me again for the same reason?  Let's see what their next move is. Can't thank you enough for all your help!  
    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
    • or an egg loan? as you say their paperwork only refers to an 11 digit number not a 16 digit on for a card? dx  
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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.
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      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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How do people deal with fear of creditors


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I would like to know if some one is willing to share how they felt when they were in debt and how they dealt with the fear of creditors in day to day living.

 

I myself am quite fearful due to various reasons, may be if we can share our experiences something useful or perhaps even helpful will come out of it which may not only help me but perhaps somebody else as well.

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Good discussion points Richard.There will be no shortage of replies I am sure.

People deal with them in different ways,but I am sure that getting to grips with things,and lessening the effects it might be having on health or wellbeing,has to first begin with an understanding and realisation that you are not on your own.

That there are ways to deal and in most cases learning how to cope using tools and knowledge can quite quickly give some comfort.

You will find all of this and more everywhere around this site.

Keep your chin up.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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A great subject for discussion. I've moved the thread to a more appropriate sub-forum.

We'll flag this thread in the next newsletter

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Hi I joined CAG in 2007 owing some £12000 in debts after being involved in a car accident and no longer being able to work. My creditors were not interested in my health etc all they wanted was money that I did not have. I was getting 4 or 5 calls a day off different creditors and had no knowledge of my rights.

 

I listened to the advise of members of CAG to stop answering phone calls and only communicate in writing. It was not easy in the end I switched off the phone unless I was making a call. I used the expertise of CAG to start reclaiming charges and dispute the creditors right to collect on the debts.

 

Creditors had got me so mad with constant harassment that I ended up challenging each and every credit agreement that I had. If my creditor had treated me with any respect I would have eventually been able to pay my debts, but they had got me so made I decided that if the could not legally collect on a debt they got nothing.

 

My phone is now back on permanently and I still get a call from some new DCA that's been sold a pup from another DCA, a few sweet words in their lug or a load whistle if the keep trying to talk when I am talking is all it takes.

 

dpick

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Hi Richard

 

Fear is generally about the 'unknown', we fear what we don't know. This causes the mind to think all sorts of things, generally we conjure up the worst scenario then the more we think about it the worse it gets. In reality when you take away the 'unknown', add certainty with some knowledge and facts, then some of that fear dissipates. Everyone's level of fear is different, this will depend on various factors, background etc. Many of the posters who post on this site are 'fearful' about something, but empower them with the knowledge and facts, then hopefully they will be less fearful.

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Having had a close family member who was in debt and now going through it with some old debt of my husbands I know that fear all too well. I only joined this site yesterday but it is amazing what you don't know. These 'bullies' prey on people who do not have alot of knowledge about their rights. I think feeling empowered and confident within yourself is the key to tackling these people. The fear is awful, what could happen?, will my children be ok? Will I lose everything? As someone posted earlier the mind can do clever things in making you imagine all sorts of things. I think this a great discussion and will hopefully be a big help to some people who really feel that there is no hope.

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Hi it's Brig again kel, the important thing to remember

is that debt collection agencies and their tame solicitors for

rent really have no powers what so ever, the power

lies with the courts and there is a process to go through

before any ''enforcement'' action can be taken.

No one can just walk in and take your posseions or your

home without going through the due process.

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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Hi Brig, I know, Im just so terrified by it all. I think what scares me is that someone close to me had a charge put on their house for debts that werent even theirs. She now has no assets really and at a time in her life when she should have I guess Im pessimistic at heart but also very naieve about all this debt collection stuff. Im just so pleased I found this site as up to now, nobody has seemed to want to help or be of any help in just giving some advice or reassurance. Just so grateful there are people like yourself around. :-) Kel

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When i first realised i was in debt which i will not be able to pay, my first instinct was to ignore it. Like an ostrich who buries his head in the sand and thinks that things will get by on their own. I feel really stupid and ashamed of my attitude back then and i can't understand why i behaved that way. Was it because of my illness or the other stresses in my life or is there something wrong with me as a person. I wonder.

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When i first realised i was in debt which i will not be able to pay, my first instinct was to ignore it. Like an ostrich who buries his head in the sand and thinks that things will get by on their own. I feel really stupid and ashamed of my attitude back then and i can't understand why i behaved that way. Was it because of my illness or the other stresses in my life or is there something wrong with me as a person. I wonder.

 

I wonder if any of the bankers who lost millions are sitting at home wondering if there's anything wrong with them as a person? Or the financial companies who sold millions of people PPI that they didn't need and couldn't use? If I had a spare tenner, I'd bet you it that they're doing nothing of the sort.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Richard,you are not alone in burying your head,dealing with any problem can only start after you know where to start from and it is the first stages that are the most difficult for many people.

A little bit like someone who cannot swim and stands by a river-they are very reluctant to stand too close to the water-but once they learn to swim-the fears go away.

As with everything in life,dealing with debt becomes easier with experience,and a realisation that it is part of everyday life for many people.

There are many things that we are not taught to deal with in life,but only learn about them and their effects-when we are faced with them.

There can not be many people who have not buried their head in the sand at some point-people do it all the time when faced with decisions and issues they dont know how to deal with.

Marriage problems and bereavement are 2 good examples.

For some it makes them feel guilty and inadequate,that is partly because these things are not generally most people will admit to -to others.

As you will have seen-on this site you can read many examples of people who have had exactly the same questions that you pose-and understand that their experiences are not so unique as they thought before they came here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I am beginning to get a grip on the situation. I have understood that there are and will be circumstances where i will have very few choices for example the repossession of my home. But now i have learned to ask people for help and am not ashamed to admit that" i don't know". Hopefully with the help of fellow caggers i will be able to get out of this mess one day. Thank you for asking. Hugs!!

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Richard, the most important thing I think

you should remember is being in debt is

not a crime, the tinpot DCAs and their rented

solicitors, jus make threats and try to intimidate

you don't let the get away with it YOU ARE IN

CHARGE OF YOUR LIFE NO ONE ELSE.

Come here for help and advice when ever you

need it.

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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Hi Richard ,great thread . My own experiences were Very scared at first , scared to answer phone & front door. Always had windows /doors locked when in home. Wife used to phone me at work every time stranger walked up our drive etc. Believed every threat from credit companies / DCAs (after all these were mostly well known high street names). Crashing my car 3 times in 12 months due to worry. Petrified the first time in court. Then after finding this site and discussing my debts with other members in the same boat and finding out the true facts and that going to court was not always bad ,the position changed over time . I was able to talk about debt and sometimes was able to offer others on this site help ,not only that I also found that by openly talking about my debts I was often approached by work colleges who were also in debt and I was able to offer support and direct them to this site. I even helped defend a friend who had been given a CCJ without her knowledge and had the CCJ thrown out of court. I now am much stronger and like many on this site I pay the creditors who gave me a chance and fight those that did not. My circumstances are still not great due to losing my job but I feel great in myself and the fact that I still have a home and family both of which were almost lost due to the strains of debt and threats of debt collection practices which only debtors know.

hope this helps Sleepingdog

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Hi Richard, by now I'm sure you will realise that your situation is far from unique - even a short time spent reading the debt forums will show how many people have been struggling with debt problems and thankfully have found their way to CAG where they have been helped to realise their rights.

 

I know for a fact that in a workplace of 200, 10% of employees have serious debt problems - if that is typical, then 10% of the UK population are in a similar situation to yours and I'm convinced this is a result of irresponsible lending by banks and loan/credit card companies.

 

Please, please do not feel you are on your own with your problems, whatever time you post on this site - there will be someone with similar problems. We all help each other and never judge, people get into debt for all sorts of reasons, the most important thing is to share the worry and learn from each other how to deal with it. Kbowledge is strength and you will get stronger :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Fully agree with Ell-enn , one medium company I worked at 30% of the staff discussed their debt problems with me which not only the amount shocked me but also the ages that ranged from 19 up to 64 year olds . It is not surprising when up until recently shops were allowed to offer discounts to persons opening up a account rather than pay in full. The government really need to get to grips with credit as they still allow companies to forcably open up accounts for people applying to buy and pay in full for items over the phone / internet. Also I was offered items via a internet site (high street store) where the sale prices were only applicable to those who had a credit account with them. Credit is still far too easy to obtain when not really wanting it.

sleepingdog

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Please, please do not feel you are on your own with your problems, whatever time you post on this site - there will be someone with similar problems. We all help each other and never judge, people get into debt for all sorts of reasons, the most important thing is to share the worry and learn from each other how to deal with it. Kbowledge is strength and you will get stronger :)

 

Thank you so much. It is because of people like you that a person like me can feel that there is somebody he can share his problems with and is not alone. Everybody who helps others has inherited the virtues of the saints, May god bless all of you.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?296861-For-everyone-who-feels-like-giving-up-Please-read-this-and-take-heart-x&p=3320978&viewfull=1

 

Richard, have a read of the very moving story of one person who has been where you are now.. and come through the other side :)

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.consumeractiongroup.co.uk/forum/showthread.php?296861-For-everyone-who-feels-like-giving-up-Please-read-this-and-take-heart-x&p=3320978&viewfull=1

 

Richard, have a read of the very moving story of one person who has been where you are now.. and come through the other side :)

 

Very inspiring indeed citizenB. Life stories like these humble you. But i do wonder if i will have the same courage as they have shown. thank you

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Hi, thanks for sharing your story with us, you're in the right place here as most of us have been in your position, we have been there but with the support and advice you'll get on here you will get things sorted out. As you have already been advised don't be afraid of debt collectors they have no power to take you to court or seize your goods, eventually the black days will be behind you and there are many experts on here who will give you all the help and brilliant advice that you need to help you get through.

All the very best for the future and remember YOU ARE NOT ALONE x

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Hi, thanks for sharing your story with us, you're in the right place here as most of us have been in your position, we have been there but with the support and advice you'll get on here you will get things sorted out. As you have already been advised don't be afraid of debt collectors they have no power to take you to court or seize your goods, eventually the black days will be behind you and there are many experts on here who will give you all the help and brilliant advice that you need to help you get through.

All the very best for the future and remember YOU ARE NOT ALONE x

 

Thank you very much.

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My fear of debt led me to a nervous breakdown and without the messages i recieved on CAG i seriously think my life could have ended at various points. I have managed to clear payday loans and stop the provi man and shopacrook from leading me to hide under my bed in my own home. I also had 36k of un secured debt with payplan most of which with a DCA but have not yet found the strength to see if they have any legal rights. My fear of losing my home was a key indicator in my breakdown as its has alot of equity but that is where fear of debts leads us. Out of control thoughts, paying creditors and starving myself didnt help my mental health either. I still live in darkness (blinds shut) and live a reclusive life aside from work. Fear creates untold stress and in turn severe mental health if you dont seek advice.

Payplan deal with them but they couldnt keep me afloat emotionally like the people on this site did in the initial start of my darkness and a mental health therapist. I learned to face the doorstep crooks and they no longer frighten me. The DCA s and creditors with payplan are another time for when my mental health grows beyond a life of closed curtains and feeling rotten. Now my debt with payplan is down to 23K and a charging order of 4K,

payplan told me not to bother turning upto court....how i wish i knew cag back then. Also no idea if any valid cca s. A member of cag typed and printed and sent them by post to me ! Where else would you find the people who care like that ? Admittedly ive never posted but i will, and though times are tough emotionally and fear remains, its growing away from valium for a debt breakdownn (my thread).

 

I hope this frank post will encourage you to feel the fear and change it. Yes it takes time but your never alone here, that i can assure you.

 

Jellycubes

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