Jump to content


  • Tweets

  • Posts

    • Court hearing today. WON on all counts of claim. The win though is not the interesting bit, but the ‘why’ is really useful. We were allocated 90 minutes but it took two hours by telephone . The defense were represented but I failed to note whether by a solicitor, barrister or other advocate.   As soon as the judge finished the introductions and before he had time to pass the time over to me to explain my case, the defense interrupted and asked the claim be struck out. He then spent the next 40 minutes discussing with the judge that I had failed to properly serve my bundle upon which I intended to rely. The judge asked me to explain and I said I had served the bundle to them and the court 3 days before the deadline, by signed for post with a tracking number to the address named in the summons being the Royal Mail Head Office in London. I said it was a bit rich that they were making this request when they had failed to serve me and the court with their bundle within the deadline and that I had only just received it. They quoted a certain principle of law (which I failed to write down) which explained that service of documents must be made to the address which either party may request service to be made. They claimed that six months earlier when they lodged their defense to my summons, the covering letter had been sent from their Sheffield office and it constituted the address for future service of documents. I of course had no idea of such a requirement and said that a simple letter heading on a piece of correspondence was not the same as a formal sentence in a letter requesting such future service. It gave the judge some concern but he decided to park the issue and allow the hearing to continue.   I was able to explain my case for the £50 compensation for the lost parcel using the evidence from the defense bundle referencing the Overseas Post Scheme. It was all straight forward. I explained the facts and let them speak for themselves. I then moved on to the delayed Special Delivery items. This is where the fun began because I had to argue against their terms and conditions. I used the defense bundle referencing the UK Post Scheme. I quoted from various clauses which explained the rules relating to claims. That ALL delay claims must be made within 3 months, then that Special Delivery was actually 14 days so not 3 months after all, then another clause which confirmed the deadline was 3 months for all delay claims. I quoted further that these were “common terms” and that some services (Special Delivery was one) had additional terms which were called “specific terms”. Another clause stated that where a conflict arises between common and specific terms, then specific terms took priority. So I turned to the Special Delivery section to quote the specific terms as these would have priority. There was only one term that referenced claims. It simply said If we do not succeed in attempting to deliver by this time (being the next day) we will refund your postage. I used this single phrase to take priority over the 3 months  or 14 day deadline mentioned in the common terms. I discussed how the various clauses conflicted with themselves as if the clauses themselves did not know what the deadlines were and how ambiguous and confusing it was.   The time was then past to the defense and he started to argue there was no contract nor liability in tort (a substantial portion of their written defense document and bundle discussed this argument). It made me smile because I was ready for that. The judge though was ahead of the game and (especially because 40 minutes had been wasted at the beginning) he did not want to hear of it. After about one minute, he stopped the defense by saying exactly what I was preparing to say. Simply that I was not suing under contract or tort but under the conditions of the various postal schemes for which they were liable. He asked the defense to answer my claims. The defense then prevaricated trying to argue the clause that distinctly mentioned the 14 day time limit within which to make a claim for delay (which of course it did) ( as an aside, most people might accept that deadline and not bother to pursue a claim). He had nothing to add about the lost parcel.   Time had run out, we had no questioning and the judge said he was summing up. He was quite happy I had served my documents sufficiently well and took the view that the defense had fallen foul of the court order so he was cancelling out the question about valid service. He had no difficulty in accepting the claim that the lost parcel was valid and awarded me the £50 compensation. He then spoke at longer length about the delay claims and the conflict in the clauses. (at this point I had no idea which way this bit would go). Then, he spoke of how a business such as Royal Mail should not be accepting clauses in their contracts which were clearly inconsistant. (that’s when I started to relax), (and then the best takeaway of the hearing), He said that common law provides in the event of a standard contract if there is any ambiguity, the interpretation should be judged against the person drafting the contract. He called it Contra Proferendem. (I had no idea of that concept but had effectively explained it anyway). I was awarded the whole claim plus costs. The defense asked for permission to appeal which was refused.    Remember the phrase “Contra Proferendem” . I shall be looking more into it. I am sure it will come in handy against any institution that have drafted contracts that cannot be individually negotiated. And will certainly be useful for a long while yet against Royal Mail et al.
    • Original loan was £5000 unsecured over 5 years, 28 payments remaining, he wanted to extend it back up to 5 year.........the bank offered him £6700 to clear his credit card and the bank loan, £135 per month from the original figure of £121    One debt of two years old and one debt of 15 months        
    • Probably a good thing in disguise. Its never a good idea to bundle up everything to one creditor.   How big was the loan to be and would it have been secured? And how old are all his other debts? Who says they even enforceable?   Dx
    • My son was offered an extension to his current loan, with Barclays, they saw him as a good risk due to surplus money still in his account each month, the extension was to include his Barclay Card, all finances including external credit loans and personal circumstances were taken into consideration, and they still saw him as a good risk.......   he was declined today....He didn't ask to have his loan extended but they said he was pre approved and they could help him and he would be financially better off, which is true he would be.......apparently his outgoings were to much in relation to his income which is totally rubbish..its only 47% out goings    So we would like to make an official hard hitting complaint   Thanks to all who read my jottings  
    • Can you make them road legal by placing a sticker on them with the relevant info?  Just a thought...
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help


Recommended Posts

The OFT is no more the FCA took over in April

 

Has there been any further developments since March??

 

Part from Atlas??

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:

Link to post
Share on other sites
  • Replies 219
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

stop talking on the phone   sar welcome CCA coast …. or scan up to one PDF what you got back.   dx  

You mean land registry but the charge is still in welcome name not coast?

did we ever get all the statements from welcome via sar from day one on both this and the loan is refinanced was it?   so they get their money anyway when you sell.  

Posted Images

Scan it up, edit out personal info/reference numbers and upload it as a PDF file.

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

Link to post
Share on other sites
  • 4 years later...

Update on Welcome Finance Secure Loan.

 

Appears debt taken over by Coast Finance Solutions.

 

Checked my latest credit report and no mention of this debt (credit expert).

 

I stopped paying them about 6 months ago,

 

I have today received a letter saying they are going to send a field agent and charge £120.00.

 

I wanted to check figures but on downloading the credit report cannot see this on there,

it was a secured loan,

its quite an old debt now,

I took this out i think in 2010.

 

I've been in an arrangement for a very long time paying a very small monthly token payment, up until about 6 months ago when things were particularly difficult.

 

Can anyone advise what it means if someone is chasing a debt which is not listed on your credit report?

 

Many thanks

Edited by dx100uk
spacing
Link to post
Share on other sites

just means the default reached 6yrs.

so under ICO rules the debt is removed.

doesn't mean it not owed mind.

 

looking back over the thread

it looks suspect to me in many areas.

if you type in coast finance in the top red toolbars search cag box

you'll see these are overseas buyers that have bought an old welcome portfolio.

pers id send them a CCA request.

i'd also get a new sar from welcome too.

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... 

Link to post
Share on other sites
I have today received a lettericon saying they are going to send a field agent and charge £120.00.

 

cant do either. Certainly cant charge you either :)

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

Link to post
Share on other sites
  • 3 weeks later...

I think I made an error by sending an SAR to coast

- just re-read a previous post and realise i needed to SAR Welcome and CCA coast - doh!

 

Came home today to find I've had a visit from 'Excel Counselling Services' RE: Coast Finance Solutions.   

Asking me to call the number on the letter. 

This was hand delivered as just had my name hand written on the envelope.   

Letter states they need to report back to coast by 14/3/19 and states im gathering interest every day.

 

Id better get that CCA request in the post tomorrow..

Link to post
Share on other sites

address of excel or scan up letter to PDF and hit choose files below

safe to totally ignore mind!!

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... 

Link to post
Share on other sites

is the charge still showing against the home [unless you've moved ofcourse}

 

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... 

Link to post
Share on other sites

I Think I need to get a land registry update from HM Land,

Ill apply for this and double check to see if the second charge is still on there, 

the debt is not showing on the Credit report but i guess may still be on the registry - will check and update..

 

Excel made another visit yesterday - left another letter, the same. 

They are obviously being quite persistent. 

 

I remember the tactics they used a while ago, calling my neighbours and asking questions about me

- they left me what looked like a Royal Mail while you were out card but it wasnt RM it was Welcome!

 

 

Link to post
Share on other sites

Another visit from Excel today! Im wondering if i should call this chap, on the number provided on the letter and tell him i wont be answering the door to strangers.  It says on the letter he is going to keep coming back 😟

Link to post
Share on other sites

got a mobile number...send him a text..if you call here again I will be calling the police on 101.

I do not need nor wish your help nor your charges. I refuse your help.

then block him

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... 

Link to post
Share on other sites
  • 4 weeks later...

yes as with your mortgage thread

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... 

Link to post
Share on other sites
  • 4 months later...

Update on the this thread.

Have not received the SAR from Coast and the request was back in April so they are way over the 40 day time frame (40 days is that correct still?)

 

Would you happen to have a template letter I can send that is the Failed SAR Breach letter

- I cannot seem to find it in your library!

 

Coast did contact me by telephone and I explained that I was still waiting for the response to the SAR but they said would send a copy of the original agreement by post.   

Few days later a bad photo copy arrived of the agreement.

 

I was expecting the SAR to be quite a big package with lots more information.

Link to post
Share on other sites

stop talking on the phone

 

sar welcome

CCA coast ….

or scan up to one PDF what you got back.

 

dx

 

  • Like 1

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... 

Link to post
Share on other sites

Thanks dx, yes i know i should not have spoken to them on the phone.  Ill be sure not to do that again.

 

Ive uploaded the CCA that coast posted.

 

I will SAR Welcome, as suggested, thank you

 

Edited by surrey_36
not deleted private data
Link to post
Share on other sites

Wheres the rest of it?

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... 

Link to post
Share on other sites
  • 2 weeks later...

question your wisdom on paying this at all

the CCA is unenforceable

but no..

 

only a judge can order an I&E to see your pers financial details.

 

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... 

Link to post
Share on other sites

You mean land registry

but the charge is still in welcome name not coast?

  • Like 1

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... 

Link to post
Share on other sites
  • dx100uk changed the title to Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...