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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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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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      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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Payday loan help


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Poundstillpayday

 

email sent today

 

Dear Sirs,

 

Account reference

 

I refer to an outstanding Pay Day loan that I have with yourselves.

I have had an account with yourselves for some time and always repaid in a timely manner.

 

 

Unfortunately the spiralling effect of such loans has left me in an awful predicament meaning I cannot fulfil my liability in one go any more and I therefore propose a payment plan structure that allows me to repay the balance over time, alternatively I will cease all repayments as I cannot afford this any more.

 

The current balance is shown as £700.00 which I propose to repay in 10 equal instalments of £70.00. I cannot afford to repay any more and will not entertain haggling this issue, my offer is outlined above and I suggest you consider it as failure to will result in me considering my options which may include Bankruptcy - as we both know, if this occurs then you'd not get anything back as I genuinely do not have anything to give.

 

If you could confirm by email that my offer is acceptable and enclose your bank details and the reference to use, I'll set up the payment plan to commence 27st April and each month thereafter by which time I will have fully repaid the balance.

 

I have already cancelled my bank card thus alleviating the possibility of you trying to reclaim full payment so please ensure you send your bank details in your reply.

Finally, I feel it necessary to remind you that being I am in financial difficulty and that I've taken the time to recognise and inform you of my predicament, any contact to myself must be via email only.

 

 

I await your prompt response.

 

Yours faithfully

 

reply recieved today

 

Thank you for advising us of your repayment issue.

 

One of our Payment Services advisors will be in contact with you shortly.

However, should you wish to resolve the matter sooner, please feel free to

contact a member of the team directly on the freephone number: 08000 327 653.

 

Our Payment Services advisors are available from 8am till 8pm, Monday to Friday.

 

Thank you for choosing Poundstillpayday.co.uk

 

Kind regards

 

what is my next step as I dont want to speak to anyone over the telephone.

 

Thanks for any help on this

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Stick to your guns. You are doing the right thing so far :)

 

If they call you, simply tell them that they must email or write to you regarding anything to do with the loan. Phone calls will go ignored. Once youve said that, dont wait for their reply, just put the phone down on them.

 

The reason they say to telephone them is so there is no traceable evidence of what you have agree to. Time and time again on these forums, people have called in, only to have the PDL completely i gnore it and do whatever they want. Yesterday someone even posted that they agreed to monthly installments of £60, yet the PDL debited their account the next day with a sum of £700+.

 

Basically they had the bank details and decided to take the full amount owed, ignoring the fact that the person didnt have any money for the rest of the month, or even that it broke OFT guidance regulations.

 

Just remember, under no circumstances should you deal with them by phone, or give them your bank details. If they want your payment, they should give you their bank details, so you can pay by standing order or by prepaid credit card.

 

Stick to your guns. You are doing everything legally atm and are well within your rights. :whoo:

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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Ok iv dealt with these poundstillpayday and il tell u now if u dont pay up within a two month period 8 wks total they send ur account to a debt collection agency and if u do pay up within that time after this they block ur account and ul never be able to borrow again but also now u have told them u need a plan they will still block ur account after u pay so ignore any emails u get stating u can re loan its not true it wont happen and they continuously harrass u with emails and phone calls to pay them so beware unless they have become nice overnite this is what will happen so good luck and be firm

:violin::ban::lock1::bump::clock:
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And yes only communicate via email i did that and if u cant pay it within 8 wks and it goes to dca dont worry as u negotiate and ul be better in the long run its just i robbed peter to pay paul to get rid of them in 2 mnths and now im well rid

:violin::ban::lock1::bump::clock:
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Does this sound ok to send via email???

 

Dear sir,

 

I am writing in relation to communication from your company

 

I now require all further correspondence from your company to be made via email only as requested in my last email and request that any telephone calls stop with immidiate effect.

 

Thanks for your understanding

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Email or letter. Make sure to state both and edit as necessary.

 

Try this:

 

Name

Address

Date

 

 

 

Account number

Dear sirs,

 

In relation to the above account, please note that upon reciept of this , i now require ALL communication from either yourselves or your representatives to be in the form of email or letter. It is my legal right to have all correspondance in written format should i be required to form a defense in a court of law.

 

Please note that i request for you and your representatives to cease all telephone calls/SMS messages to me with immediate effect. Breach of this order will constitute you breaking OFT guideline regulations and me entering a complaint with the OFT and FOS against your company. Also note that should you send any correspondence to me outside email/letter, then i reserve the right to pursue criminal charges for harassment against your company.

 

Sincerley

 

 

 

Make sure you TYPE your name, do not sign it.

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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Account manager i dealt with was stephen he was ok but kept emailing me to remind me of payment plan due dates and i asked him if i paid up within 2 month would he take the default fee off and he kept his word and i never paid it

:violin::ban::lock1::bump::clock:
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  • 2 weeks later...

Ok after sending those emails as above I have had loads of voicemails and texts left to contact them and threatening me with loads of charges dispite my payment proposal which has been ignored.

 

should i just continue ignoring them or is there anything else i should be sending via email etc?

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Ignore them and Complain immediately to the OFT/FOS and OFCOM as they are breaking the law. You have clearly told them to only communicate in writing, as per your legal rights to all correspondance to be in writing should you need to have a legal defense in court. They are breaching this order and are now breaking the law.

 

Note: You MUST contact those agencies with as much info as you can so they can do something about them. If you don't, then theres no real point forming a defense against them as you are agreeing with their tactics.

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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