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    • I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • 100% sure I didn't receive it, that why my first post is with the £100 letter.
    • Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
    • use this your WS and inc this as an exhibit off to bed now 3 nights been up till 4am aurora watching wont be on too early as it's lambing season out herding with the dog. your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity. highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph. agreements unreadable. would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place. never earned over threshold. dx       Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf
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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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mortimer/Cabot Claimform Citi loan sold to Moneyway.***Claim Discontinued***


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You seem to have to issues that need clarification,

 

1. The date on the 'agreement'.,

 

2.a 'wrong, default date,

 

As imo not compliant.,

the default date, showing on CRA files with Cabots name on I has the wrong date?

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

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  • 1 year later...

oh so you have had a claim form

 

this should be in legals if you have

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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bing!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Date of claim 20 June 2014.

 

By an agreement with Moneyway ("MNWY") & the defendant on or around xx/04/2007 ("the Agreement")

MNWY agreed to loan the defendant monies under the terms & conditions set out therein.

 

In breach of the Agreemnt the Defendant did not pay the installments as they fell due & the Agreement was terminated.

 

The agreement was assigned to the Claimant on xx/08/2011. THE CLAIMANT THEREFORE CLAIMS 1500

 

The value of the claim is that above plus £105 court fees and £80 solicitor's costs.

 

There is no interest added or claimed.

 

The claim is for a personal loan.

 

End of April 2007.

 

Cabot tell me they have 'recently purchased' (May 2013) the account and they are the claimants

- although I have been receiving thier junk mail since May 2012).

 

I have had no official notice of assignment

- originally Moneyway suggested they would pass the collections to Talon

and soon after I was bombarded with literature from Talon and then Robinson way

and as soon as I requested a true copy of the credit agreement

and all other documents Cabot appeared on the scene.

 

As far as I am aware I have had no default letter from the original creditor.

 

I have retained most of the letters none of which are headed "Notice of Default sums"

 

I ceased payments due to a change in my financial circumstances.

 

I have previously successfully claimed PPI from the original lender Citi Financial.

 

I may have suggested that I was having financial problems at the time.

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whos the solicitor please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Mortimer Clarke

The Solicitors for rent to DCAs much like Bryan Carter.

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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ok

you need to ack the claim defend all

 

and get CPR and CCA off to Mortimer

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

When I CCA'd Robinson Way they bottled out and passed it to Cabot

 

- they responded eventually with a copy of a credit agreement which I believe has the wrong date on

 

- you could argue that the year 07 looks like an 8 due to them putting a strike through (this is what I mentioned in post #21.

 

What would a CPR show?

 

On what grounds should I defend all?

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bottom lines is if you don't defend all

whatever you do, you'll get a CCJ by default.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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your cpr should request what they refer to in their PoC

the agreement

the terms & conditions [ORIGINAL ONES]

Notice of Assignment

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nope helps no-one bar you

 

please redact it and post it here

 

so everyone later can benefit from the advise

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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simply copy and paste the doc text here

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Citi Financial ref xxxxxxxxxxxxxx

23/04/2008 Citi Financial annual statement

23/04/2009 Citi Financial annual statement

26/08/2009 Citi Financial changing to Moneyway / Secure Trust Bank

01/09/2009 Moneyway welcome letter new ref xxxxxxx

16/08/2009 Citi Financial duplicated payment letter

22/04/2010 Moneyway annual statement

01/11/2010 Moneway dd refused insufficient funds

04/11/2010 Moneyway final notice before default

18/11/2010 Moneyway dd has been cancelled

15/04/2011 Talon acknowledging a payment

20/06/2011 Talon will be collecting on behalf of Moneyway

12/08/2011 Moneyway asking for I/E form to be completed

30/10/2011 Robinson Way formal demand for payment a/c xxxxxxx ref xxxxxxxxx

01/11/2011 Letter to Citi Financial requesting ppi claim

05/11/2011 Secure Bank Trust – forwarded query to Citi Financial

11/11/2011 Citi Financial acknowledging complaint

19/12/2011 Robinson Way asking for payment (immediate action required)

22/12/2011 Phone call Robinson Way explain claim for ppi

16/01/2012 Robinson Way – we may allow your account to be paid in affordable instalments of £30 / month

30/01/2012 Robinson Way Final Notice – local rep may call

01/02/2012 Letter to Robinson Way explain ppi claim and 12 weeks and giving them Citi ref

01/02/2012 Citi Financial completed investigation and awarded compensation £xx

09/02/2012 Robinson Way dispute noted collection suspended

14/02/2012 Citi Financial sent cheque £xx

05/03/2012 Robinson way please provide us with copy of ppi claim letter

12/04/2012 Robinson Way please contact Citi Financial direct with regards to insurance query

20/04/2012 contacted by xxxxx xxxxxx collection agent – I called back and I suggested I would offer settlement of £800 (recorded tele conv)

24/04/2012 phone call from xxxx xxxxx offer not accepted – they want £1275

 

25/04/2012 Letter Robinson Way s.77/78 CCA request sent £1.00 po

01/05/2012 Robinson Way Returned po suggesting I contact Cabot

28/05/2012 Cabot their response to my request for CCA do not have but they will get ref xxxxxxx

23/08/2012 Cabot still not got the information from Moneyway – your credit agreement is therefore unenforceable

15/03/2013 Cabot now got info and can enforce – statement of account from Secure Trust Bank and copy of original credit agreement

12/04/2013 Cabot still not able to provide the information I have requested????

16/05/2013 Cabot has recently bought the a/c held with Moneyway

03/06/2013 Cabot Welcome to Cabot we have recently confirmed that you live at that address and have recently bought the a/c

Answered phone call and suggested in writing only

06/06/2013 Cabot please write to us with a clear statement of proposals

19/09/2013 Cabot we will move to next stage

27/09/2013 Cabot LIMITED OFFER discount of up to 30% if respond in 30 days or attractive repayment plan up to 5 years

02/12/2013 Cabot we will move to next stage

14/01/2014 Cabot We are sending your a/c to another DCA (FIRE)

29/01/2014 FIRE We have been instructed to recover the amount

07/03/2014 FIRE Despite repeated attempts – will be reviewed on 22/04/2014

31/03/2014 Cabot Statement of a/c Notice of arrears

22/04/2014 Cabot a/c will be referred to Marlin

22/04/2014 Marlin Notice of Change - Cabot have instructed Marlin to recover ref xxxxxxx

29/04/2014 Marlin important notice giving 7 days to respond

21/05/2014 Marlin Notice of Change – Mortimer Clarke Solicitors

28/05/2014 Mortimer Clarke Solicitors instructed to start court proceedings by client

20/06/2014 Claim form from Mortimer Clarke claimant Cabot.

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did you send the CPR and the CCA requests?

 

did you ever get al the statement from citi?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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cabot have sent me original copy of agreement and a statement from Secure Trust Bank (Moneyway) when I asked for CCA previously

 

Letter dated 15/03/2013 Cabot now got info and can enforce – statement of account from Secure Trust Bank and copy of original credit agreement attached.

 

- the only thing I am missing is NOA.

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attached where

did they send org T&C for the time you took it out too

is it signed by you?

 

did you send those letters?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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