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    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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      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.

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Marbles Credit Card PPI Questions.


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So, could this be the fella?:-

 

 

 

Registration Number: Z1019555

Date Registered: 20 August 2007 Registration Expires: 19 August 2013

 

Data Controller: AVIEMORE FUNDING LIMITED

 

Address:

 

FIRST FLOOR

11 TOWER VIEW

KINGS HILL

WEST MALLING

KENT

ME19 4RL

Other Names:

 

MARBLES

MARBLES CARD

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  • 2 months later...

Ok, i've had all paperwork back from HBOS plc and according to statements, i've calculated that i've paid £928.84 in PPI.

Also, i notice that i've made late payments, resulting in a charge of £12.00 for each (14 x £12 =£168.00).

 

Can anyone explain to me what 'Late Charge Assessment is?....according to some statements (5 in total) i've been charged £20.00 each (£100.00 total) for these.

 

I'm now in the process of writing a CCA to find out what i actually signed for.

In the meantime, can anyone help me with the above, IE...can the card company charge me £12.00 for late payments?...and what about that 'Late Charge Assessment', what is that?

 

Hope anyone can help.

 

Big thanx in advance.

 

sadwriter.

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Erm, i'm stuck already... LOL!

 

I'm trying to enter the statement details into the fosrunning spreadsheet but i've just noticed that i'm missing a statement (September 2003) and cannot seperate how much interest and ppi to add to the spreadsheet.

 

It's only a total of 61 pence spent in the month (interest and ppi), but would a small amount make much difference as i progress through the spreadsheet?

 

Thanks for any help/advice.

 

sadwriter.

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Anyone got any answers for the questions in post #31, please ?

 

sadwriter.

 

Hi

 

Sorry...missed that one :lol: ...apologies.

 

Late charge assessment is also a penalty charge which can be reclaimed along with all other over-limit and late payment fees.

 

This is the spreadsheet you should use to assess what they owe you for these items

 

CISheet v101.xls

 

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Hello again :-)

 

May i request a little more help?...i have cca'd Marbles and it appears they know where i'm going with this.

 

Although i wrote and asked them for a copy of the agreement, i did not ask them for a true copy of the signed agreement (which i should have, i know).

 

Anyway, i have received a copy of the 'current executed agreement' along with a signed statement of my account.

However, the letter which came with the agreement and statement, mentions a 'copy of the original signed agreement' and goes on to advise me about keeping up the payments, the contract not being void and how confident they are that the original agreement (which they say "are not able to provide a copy" of) would have been signed by the customer.

The letter in full:-

 

Dear sadwriter

 

Account Number: xxxxxxxxxxxxxxxx

 

I write in response to your request for a copy of your consumer credit agreement under Section 78 of the Consumer Credit Act 1974 (CCA).

 

I have enclosed with this letter a copy of your current executed agreement and a signed statement of your account.

 

At the moment we are not able to provide a copy of the original signed agreement, however we can confirm that our procedure has always been to obtain our customer's signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confident the agreement remains enforceable.

 

By providing you with the documents attached, we have satisfied our obligation to provide a copy of the executed agreement under Section 78.

 

However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforceable order from the court. It has always been our process to ensure that an agreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this matter proceed to court, we will produce evidence to confirm this.

 

If you are using the services of a claims management company we would like to remind you of the warnings issued by the Ministry of Justice and Citizens Advice Bureau. I refer you to a quote from the Ministry of Justice that reads "Businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts or other consumer debts to be written off have been told to stop or face action".

 

Finally, we must remind you that failure to make payments under this agreement will result in collection activities and default may also be reported to Credit Reference Agencies.

 

Yours sincerely

 

 

Anne P Gartshore

Manager, Card Services

 

 

So, how should i respond to this?

 

Surely, if, as they are saying, they are unable to provide a copy of the original signed agreement, how would they do so in court?

 

Any takers?

 

sadwriter.

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They assume too much.

 

You have received sufficient information for your purposes as far as PPI and charges reclaims go so just crack on with what you started out to do.

 

Forget their ramblings.

 

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What do you need it for?

 

Erm...dunno!

 

Just following what everyone else has done....y'know, like, ok...let's see where i asked and signed for ppi, then!

 

So, do i just ask them to give me my money back?

 

sadwriter.

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Erm...dunno!

 

 

 

 

:lol:

 

 

Yeah you don't need the agreement to get the PPI reclaim or charges claims underway.

 

So you got your SAR data back...did that include copies of all the statements of account?

 

The general process for a card reclaim is to prepare a spreadsheet and a fos consumer questionnaire and send both to the lender. Whether you have all the statements or not will determine which spreadsheet to use.

 

The fos consumer questionnaire is available from here.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

For the charges side of things this is the spreadsheet you will need.

 

CISheet v101.xls

 

For a charges reclaim you submit a print of the spreadsheet and a preliminary letter requiring refund. They will probably refuse in which case you then send a "Letter Before Action" requiring a refund and of they still refuse then you issue in court.

 

When you have done your charges spreadsheet we can move on to the next step with that.

 

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Ok, i'm with you.

 

I've already filled in the spreadsheet, but the questionnaire requires a date on which the agreement was supposedly signed, hence one of my reasons for a request for a copy of the original agreement (date, times, names etc).

 

 

sadwriter.

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Ok, i'm with you.

 

I've already filled in the spreadsheet, but the questionnaire requires a date on which the agreement was supposedly signed, hence one of my reasons for a request for a copy of the original agreement (date, times, names etc).

 

 

sadwriter.

 

EDIT: by the way, i thought the FosRunning spreadsheet was for live credit cards ?

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If you have got all of the statements or transaction history then you can get an approximate date the accounts was started. No need to beat yourself up too much about the date...it will be clear what the PPI is and the amount of redress that should be offered.

 

FosRunning spreadsheet is used to create the reconstructed account whether live or paid off.

 

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Ok, done the CIsheet, what do the figures in col. K represent?...i have 13 rows of #####

and then, underneath i have 9 rows of money figures.

 

Have i messed up somewhere, or is it meant to be like that?

 

soz, don't understand anything i'm doing here :oops:

 

sadwriter.

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I think someone needs to help me out here...according to my figures, i'm owed about 1 and half million pounds.

I'm trying to type this with one hand, as my wife is fighting to get on the computer and book a cruise around the world.

 

sadwriter.

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