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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
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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.

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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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How to remove a lender's continuous payment authority


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Yes I have. But they said they have no power to intervene and that all payments would be honoured because I clearly have an existing relationship with that company.

 

I've run out of options. Either the payday company will remove all my money via multiple normal transactions, or the bank will charge me £20 a go for every failed transaction they try. And they said blocking the card would make no difference too.

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You MUST start going through the complaints channel with the bank. Please cite the information that I have posted in at the start of this thread. Ensure that the bank are made aware that you will be taking this matter up with the FOS and the OFT. Ensure that you stick to your guns and make it VERY clear that they are flouting FSA guidelines.

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Hi Sequenci. Sadly I have done all that and got nowhere. They deny that payday firms use CPA, but in any case, they would honour any payment as I clearly have a relationship with the lender.

So I guess now I do have to take it up with the ombudsman. What a nightmare.

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How far up did you go with the bank? If you do decide to call them again make sure you take people's names, positions and the name and position of their direct superior. Ensure that they will be personally named in any complaint. That usually gets them helping all of a sudden. Frustrating situation for sure, I really hope you sort it.

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  • 2 weeks later...

Anyone had any luck with Natwest? I'm trying to get a new basic account but most places are saying no. TSB+Nationwide+BOS+Halifax+Barclays are all part of my DRO from a few years ago in one form or another. I have one with Metro but they don't do DD or S/Os - crap really. Have sent off for Santandar so waiting for the result (forgot to sent in my prvious addresses :( )

 

 

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Could you also try The Co-operative Bank? (can open there Cashminder a/c on the phone if not got a local Co-op bank near you and you'll still got online banking for DD and SO) other then that if Santander doesn't come of maybe try a credit union - some may offer an debit card account you can run via Post Office just till you can get on your feet, all does depend on particular union but really worth checking out your credit union as another source

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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ADDRESSES have no impact credit rating is on the individual not the address.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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That will explain it most will look for three years stable residence, try

the Post Office account.

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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can you set up DDs & S/O with a post office account?

yes I believe so.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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so applied online for an RBS account, tried to do the whole thing online but in the end it asked me to take my passport into my local branch, asked them to transfer all my DDs over, unfortunatley too late to get my wages changed.

 

 

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The financial institutions are more cautious these 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:

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I hope they dont decide to close my account like Nationwide did!

 

Right so my wages go in on 28th March and the PDLs get paid that day, I shall be cancelling my card tomorrow and transfering my money out ASAP. Unfrortunatly I'm at work 8am-8:30pm with no access to my bank account all that time that date so I hope my wages are in before I need to go to work (6:15am)

Edited by 2009dg

 

 

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Wages usually go in between 12.30 - 4 am.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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They go out whenever they take them out. It's completely up to them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi all,

 

well, after waiting several weeks for my partners complaint to be processed by the Halifax I have had a response which beggars belief. The Halifax have rejected my complaint and do not agree that they should stop a CPA from a PDL upon request. The next step is the FOS.

 

Below are a couple paragraphs from the rejection letter that the Halifax sent and which basically says it all really.

 

If you entered a contract with a company to borrow money which you have then spent, we would not have charge back rights. If we made credit to your account and returned the payment to the company, they would refer to contract to show their action was authorised. We would not be able to recover your money and we would debit any amount we'd credited to your account.

 

If you borrowed money and authorised a company to collect payments using your bank card, we are unable block or return the transaction. To take matters forward you would need to contact the company and explain your current financial situation to see if they will agree a payment plan with you. We do not beleive the FSA regulations you refer to apply to this siuation.

Edited by tomtom013
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