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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lets start a DCA


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CAG or a cooperative of members should start there own DCA. We could collect on behalf of people on here.

 

Imagine all these accounts that have been in dispute due to no CCA etc. These have been sold on and passed from one DCA to another. Nobody is paying yet they go round and round being sold at something like 10% of the outstanding balance. Meanwhile people have defaults etc. for 6 years.

 

Supposing a new DCA approached the latest holder of these accounts and offered to buy them for 12%. The DCA would accept as long as the account had been uncollectable for some time.

 

This new DCA would already have an agreement with the account holder that they could pay the 12% charge for the account. The account would then be in this new DCA's name and the record including any defaults etc. could be removed from the file.

 

Even if this was done by a private company, if they agreed in advance and charged say 15% for an account that cost them 10% then they would make 5% risk free. The account holder would be free of the debt and any bad history and the previous DCA would have got rid of an uncollectable debt.

 

What do you think?

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Need to flesh the idea out a bit. Would any creditor sell to a DCA that was set up as you suggest ? I think you would find that they would not wish to do so. I don't think there is an open market for debts and that they are marketed to selected companies that are member of the debt buyers group.

 

Plus I think that debts are all risk rated to a certain extent and you have to take a range of debts on. The debts that you could buy for 12% might not be the best risk and you would get the same issue, with people not making their payments.

We could do with some help from you.

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You would need to do this as two seperate companies. One buying the debts and another set up to pay them. You would offer to take on only the debts that cannot be collected by saying you specialise in collecting debts with no CCA etc.

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Creditors only normally use DCA's that can offer or even guarantee the highest rate of return. If they saw that the DCA was regularly agreeing a very low repayment amount with debtors, theyd soon stop using them. The Creditor wants their money and as fast as possible. If they cant do that, then they would simply sell the debt for peanuts and write it off for tax.

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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Where would you get the money to buy the debts in the first place?

 

Who would be the responsible person in charge of data etc etc etc?

 

How would you pay the CCA Licence fee needed to set up the DCA in the first place?

 

Not as simple or straightforward as it seems.

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The only way it would work is to offer a top price for buying the debt and then this new nice CAG DCA would just start acting like some of the DCA's we see on these pages. The only difference might be that it would operate on a not for profit basis and would rely on people maintaining payments at the agreed level to cover all costs. But you would still have people not paying and all the usual mess.

 

As Sillygirl suggests you would need a few million to start such a company, as you would need premises and staff, plus all the other necessary expenditure.

We could do with some help from you.

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I wouldnt say a few million, but certainly a good few hundred thousand GBP.

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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It would be better to get the law changed so that it was illegal to sell debts. Imagine being able to put the likes of Cabot virtually out of business at a stroke. That way banks etc would be forced to deal with their creditors and maybe then the discounts would start flowing. Let's face it, by the time it gets to DCA stage, the lender has usually had their pound of flesh.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I reckon I could russle up some really abusive letters to send out. :)

 

Could you imagine the puzzled faces at CSA, when a CAG DCA applied to join them.

 

Also would be great turning up at the annual awards ceremony and perhaps sponsoring a new category of award. Dopiest DCA of the year award.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Could you imagine the puzzled faces at CSA, when a CAG DCA applied to join them.

 

Also would be great turning up at the annual awards ceremony and perhaps sponsoring a new category of award. Dopiest DCA of the year award.

 

There would be a lost of very strong contenders for that one.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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