Jump to content


  • Tweets

  • Posts

    • I've just noted that in Section 4 of the ebay powered by packlink T&Cs, there is a link to a list of webpages for each Transport Agency including Evri. When clicking on this, it redirects to Evri's send terms and conditions, which says: Our contract with you When you send a parcel with us, you enter into a contract with Evri. These terms and conditions set out your responsibilities and our service commitments to you, along with some legal bits about our liability and how you will be compensated in the unlikely event that things go wrong. Link to Evri send T&Cs: https://www.evri.com/terms-and-conditions the extract highlighted in bold above is pertinent as in Evri's own T&Cs, by sending a parcel with Evri, the sender and Evri have entered into a contract. Screenshot of the above extract attached. Screenshot_20240524_030834_Chrome.pdf
    • Hi, Evri provided a copy of the Ebay powered by Packlink T&Cs in their WS/Court bundle - this is already uploaded in post #246 yesterday. I copy and pasted the actual wording of clauses 3b and 3c from there into my post #246. see points 3b and 3c in Section 3 (General) through this link to the T&Cs:  https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions#h_01HFXQJBTB441YZGPB7CQP9KFV Screenshot attached below. I cant answer why its not been picked up before. In my opinion, this is called Ebay powered by packlink T&Cs so it could be intepreted to mean Ebay and Packlink's T&Cs rather than Packlink and the delivery couriers T&Cs. In regards to seeing Evri/Packlink's entire contract in original form, in my WS, Evri has been invited to provide this. They have not provided the contract in their WS/court bundle. Screenshot_20240524_024259_Chrome.pdf
    • yes, and he has since emailed them to say he wants it done with a hearing
    • Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us?
    • This is a very important find. I don't understand why nobody has picked up on this before. It's a shame that you have only just found it but please will you get a screenshot and also give us a link to the page which contains this and if possible a link to the actual passage. This makes a huge difference because if this is right that the third party actually has a direct contract with the courier company then they can rely on their consumer rights rather than commercial rights. Also as you seem to have pointed out, even if  their commercial contract does exclude third-party rights, the clause that you have found on the eBay site directly contradicts that And this should be pointed out to the judge.  Please will you screenshot the passage. Give us a link and then stand by for a response later on today. We will have to send this additional piece of information to the court and don't worry we will manage to do it before the 4:00 pm deadline. And in any event, you will certainly want to see the entire contract in original form and receive clarification as to when their third-party exclusion close was included in it.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

Global Debt Recovery, is this a con


brett31
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4286 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

The debt doesn't disappear when it becomes statute barred, it means that they can't use the legal system to force payment.

 

The debt is still there and always remains so and they can chase for it if they want. You just don't have to pay it until such time as they come up with a way of enforcing it in the courts which they no doubt will do one day.

 

The latter is probably why I'd personally be wary of resorting to a SB response as an easier option than actually fighting/proving a false identification.

Link to post
Share on other sites

  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

This can only be SB as the only thing that it would be is an unauthorised OD which I have never been contacted for Lloyds should be ashamed of themselves for selling this debt on as they have never made any request of me. I closed the account in branch so surely they would have asked me to clear anything that was on the account.

Presumably you don't still have any statements/paperwork from that time?

Link to post
Share on other sites

No I was only about 16 at the time so I did not really keep records of things like this at the time. I would still however of expected the bank to decline closing the account if I had an outstanding balance with them.

Link to post
Share on other sites

No I was only about 16 at the time so I did not really keep records of things like this at the time. I would still however of expected the bank to decline closing the account if I had an outstanding balance with them.

 

16 at the time, so not eligible for any form of credit and therefore this is a ficticious debt ?

 

When I ever send letters, I enclose a copy of the letter they sent, so it is easier for them to find their records.

 

Registered address.

66-70 Coombe Road, New Malden, Surrey, KT3 4QW

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Does anyone have GDR's Address. For some reason they dont want to give it out.

 

lol just anonother stalling tactic from these A*******s

 

Oh dear, is their head office address not on their letter head ?

 

If not, please send copy to Company's house :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

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

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites

Unfortunately (or fortunately) I have never received anything in writing from GDR as they dont know my current address.

 

This is the reason why I mentioned should I get a mailbox or PO Box earlier as really dont want these losers stuffing with my credit.

 

It was also my thought that this would be unforceable as I was under 18 when I banked with Lloyds, but not really sure of the exact ruleing on this.

Link to post
Share on other sites

Unfortunately (or fortunately) I have never received anything in writing from GDR as they dont know my current address.

 

This is the reason why I mentioned should I get a mailbox or PO Box earlier as really dont want these losers stuffing with my credit.

 

It was also my thought that this would be unforceable as I was under 18 when I banked with Lloyds, but not really sure of the exact ruleing on this.

 

In that case, if is purely a phone call, then just ignore them. Wait for them to write to you and then send the SB letter.

 

Under 18 you cannot enter into any financial arrangement that involved credit. You would not be able to go overdrawn and therefore could not incur charges. So I don't know what you would have had with Lloyds for you to owe them any money.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thanks for the advise there uncle bulgaria.

 

As I said I had thought this may be the case and will defo hit the f*****s with that when they call or write.

 

I've refused to give them my address so dought i'll actually get any letters.

 

I've already told them no phone calls but don't expect them to actually listen.

Link to post
Share on other sites

So if they dont have your address, how have they contacted you ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

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

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites

Only been contacted by them on the phone.

 

The guy tries to be threatening and says I wont let him speak and that i'm commiting fraud and that he is not paid to take this.

 

I've told him for a DCA he's a bit of a wimp and a coward which he does not seem to like lol

Link to post
Share on other sites

Only been contacted by them on the phone.

 

The guy tries to be threatening and says I wont let him speak and that i'm commiting fraud and that he is not paid to take this.

 

I've told him for a DCA he's a bit of a wimp and a coward which he does not seem to like lol

 

 

:lol: Yes, he had better get used to it.. !!

 

Righto.. Then I think that does pose a problem if you want to write a letter advising the debt is statute barred. How easy is it to set up a post office box address and is it expensive ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

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

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites

How easy is it to set up a post office box address and is it expensive ?

Hmm, seems to be £185 + VAT (£222) per year and takes 2 weeks to set up.

http://www.royalmail.com/customer-service/customers-you-want-know-po-boxes

 

Better off giving them a friend/family address and telling them that this is the postal address but it is not your residential address. IMO.

Link to post
Share on other sites

Can they put an SB debt on the CRA files?

 

No

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

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

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites

TBH I think i'll just ignore them as know there just trying it on and they wont get anything out of me.

Hmm. I would agree IF... You could keep an eye on the post from them.

 

However, if you miss a letter before action and a CCJ application they will get judgement by default. A new debt is created that is not SB. You will have to pay. The system sucks in that the first time they do a search to update your address through all of this is just before they send the judgement out. I have read so many accounts of people that have the first notice of any action being the judgement letter being delivered.

 

In your case, the ignore strategy might not be the best one.

Link to post
Share on other sites

That would possibly be the case if this were not a debt I have no knowledge of and is apparently from 98-2000.

 

I'd have been a minor so could not have entered into a CCA.

Sorry to be picky, but both of the above are very good defences to a claim.

 

If a creditor makes a claim and the court do not hear from you then they will not examine the facts. Judgment by default will be entered and they will have a new debt that they can chase you for.

 

It doesn't work like a magistrates court where they can try a case in your absence and the "evidence" is assessed before judgment is made.

 

If you don't defend you will get a judgment against you. No matter how unfair that is.

 

To defend you must know about a claim.

 

To know about a claim you must be able to keep an eye on the post.

Edited by Bandit127
Link to post
Share on other sites

Sorry to be picky, but both of the above are very good defences to a claim.

 

If a creditor makes a claim and the court do not hear from you then they will not examine the facts. Judgment by default will be entered and they will have a new debt that they can chase you for.

 

It doesn't work like a magistrates court where they can try a case in your absence and the "evidence" is assessed before judgment is made.

 

If you don't defend you will get a judgment against you. No matter how unfair that is.

 

To defend you must know about a claim.

 

To know about a claim you must be able to keep an eye on the post.

 

A CCJ snuck in by default on an SB debt would be elementary to have Overturned/Set Aside, it does not lead that the OP would have no choice but then to pay. Best to keep an eye out to ensure they don't try it on, to save the hassle, but it would absolutely be set asidable, and also incredibly easy to defend if notice given.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...