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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Co-op threatens sanctions and financial punishment.


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Received a standard letter template from the Co-op, hopefully attached?

 

However, it wasn't until I re-read their missive that I noticed the wording they used.

 

"Continued misuse of your account means that we can impose restrictions to your banking facilities, including your debit and credit cards, or even close your account"

 

Now considering this is only the second time I have bounced a direct debit, I find their language very threatening, quite how depriving me of £30 is ever going to force me to not "misuse" my account is totally beyond me?

After all, isn't the reason why these DD bounced because I didn't have enough money in there in the first place?

 

No wonder the finance industry is in such a mess, I rang them (Truecall) and spoke to a pleasant enough lady who told me they can only waiver bank fees once in a 12 month period, when I told her that the only payments going into my account between now and their attempted 'charge' of £30 is going to be my benefit money, it sort of fell on deaf ears, 'it's in the terms and conditions' yadda yadda yadda, 'were allowed to take money out of the account' yadda yadda yadda.

 

So letter of complaint is going out first thing tomorrow, along with my thoughts on why I feel their charges are unfair, and if they wish I will send them a letter of appropriation. In the meantime I'm looking for another bank!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Whenever i argue with my bank, i always demand to know the name and employee ID of the person i am talking to, so i can call them as a witness if i need to take court action. You wouldn't believe how fast i get passed to a manager and have my problem sorted.

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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'were allowed to take money out of the account'

 

Who do they think they are, some government office or the tax man. They are just another business but one that gets it's stock (our money) for nothing and makes a profit on it, a bit like the waste recyclers but less ingenuous.

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Yes she did try and get me to speak to her manager, but I told her I would rather deal with this in writing so I can have a paper trail of evidence.

 

Don't really want to transcribe all the calls..:lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

So, ended up telling them I'll need a £30 overdraft to buy some food for the month seeing as they had taken my benefit money.

 

They ended up giving me a £40 O/D, which I used £30 to buy my food, and took the extra £10 as a means to compensate me for the trouble they had caused.

 

I then opened a new account with a separate banking group, and transferred all payments to it. Leaving Co-oP with a £40.17p O/D.

 

Looking forward to the ensuing influx of deforestation.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Well this has escalated somewhat!

 

Not at all worried mind, truecall is doing a stirling job rejecting all their calls, and recording all their failed attempts to harass me via the phone.

 

Todays post brought me a DN, and a faulty one at that!

Whilst they have learned to give the required fourteen days in which to rectify, and state an actual date, unfortunately the amount they want is the total amount they claim is owing, tut tut, try again, and remove the bank charges you have added and the interest it has accrued on those charges, then come back and we can talk like adults.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

58 calls since the 15th Oct, all expertly rejected by Truecall.

Now correct me if I am wrong, BUT, I have made it clear to them verbally NOT to call me again, (letter to go out this week regarding their harassment, and the charges I will present them with should they continue to ignore my request)

 

I am quite sure that truecall informs the caller that their call is not appreciated and NOT to call again? Can't get much clearer than that, at least they can't say that the five calls in one day they made they didn't understand?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Harrison v Link.

 

Hit them where it hurts.

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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  • 2 weeks later...

So after sending them a suitably direct letter informing them to remove my number from their database yadda yadda yadda, and to never call me again,

the total number of calls they have now made stands at 83, yes eighty three!

So by my poor maths @£18 per unwanted call = £1494.00 then the fee on top of that plus interest at the stat rate... :typing:

 

So just to inform the 'collections department' exactly where I'm at, I rang them and told them that I issued them a letter of harassment last week, and it clearly stated should they continue in their harassment and intimidation, that I would be billing them for the entire call history they have made. They have continued, so I have again informed them verbally, to remove my number from their systems, only for the silly boy to respond with 'they might contact you again when it gets to our other department'?

 

More fool you if you do!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 5 months later...

Just a V.quick update on this, currently paying them £1 a month, they still have ownership of the account and the £1 a month payment is coming off the total owed.

 

They have also refunded the bank charges and interest added to those charges, bringing the account below £180....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Lovely letter off Co-oP, informing me that Robbersway are now in charge of this account, and all payments blah blah blah must go to them...

 

S/O won't be getting changed, £1 a month is still being paid to the bank direct, looking forward to Robbersway first threat letter.

Truecall will hopefully start logging their failed telephone harassment calls, lets see how many the bank can rack up this year, as it is ultimately their responsibility of any

third party they choose to employ, they can carry the can!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Ok, need to pick some brains here.....mine is defunct!! :frusty:

 

To date, Robbersway have sent me three missives, last one being yesterday, gave em a little toot, wanted to bait them for a while, anyhow..

 

This account has now gone through the whole, default and termination process twice, first was figures WITH fees/charges/int second one was WITHOUT

all of their fees/charges & Int, plus Int was stopped before they terminated.

 

A GOGW was made by me as a result of their GOGW to refund all fees etc, of £1 a month, they obviously wanted a I&E form filling in, 'computer say's No!'

just set up a S/O to maintain monthly payments, however......

 

On telling robbersway that I was paying the bank direct, they insisted that the bank hadn't received any payments since June, so checked online banking and sure enough, they were returning my S/O the day after it had left my bank..

 

I'm just putting a letter together of my own to send the bank to question them as to the legality of what they are doing.

Now as I understand it, when the agreement is terminated, that basically means that the agreement no longer exist (Y/N?) therefore unless there is any express permissions written into the agreement, interest, charges, fees etc can no longer be added as the agreement which allowed them to do so has been terminated by themselves? (Does that make sense?)

 

Therefore, the part that says they ''may pass your account onto a third party debt collector to collect on their behalf'' is surely unfair/unlawful?

 

And IMO the only way they can get around this is by selling the account under the LOPA giving the 'new' owner the debt to chase, but surely they would need you to make a new contract with them in order for you to pay them?

 

Or am I really really confused?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Isnt there a law or regulation that says a creditor cannot refuse a valid form of payment towards an outstanding amount owed?

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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I think your right, there was one somewhere with the OFT DCG, time for some digging.....

.

.

.

.

A ha!

[Note: paragraphs 3.9c of DCG and 3.48 of DMG](2) unless the credit agreement requires payments to be made to a third party, refuse to accept a payment tendered to the firm by the customer or by a person acting on behalf of the customer;

http://fshandbook.info/FS/html/handbook/CONC/7/12

 

I think I might be understanding it a little better now......so whilst the 'agreement' has been terminated, the actual 'contract'' has not.....? :noidea:

 

Time to start reading the small print I think, back in a week!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 months later...

So CooP have now sold the ''ACCOUNT NUMBER'' only? to 'Asset Link Capital (No.5) Ltd (ALC5) Who have 'appointed' Link Farcical Outsourcing Ltd (link) to manage this account on their behalf??

 

Confused, yep me too?

 

I'm going to hold off baiting them for a while, just until I can do some research and then ring them, only to laugh you understand.....:phone:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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if the only payments into the account are clearly marked as benefits

then BCOBS should kill the debt dead.

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414497-Success-with-Satans-bank-using-BCOBS

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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Sorry attempted to post up the two scanned letters that Link sent, one they allege to be from the bank, but in the same font, and on the same paper as their own begging letter.

 

I know they use others letter headed paper, but I've already lodged a complaint to the bank using the word, 'fraudulent use of' and am leaving link farcical to their own devices for the time being, lets see how much rope they need to hang themselves...

Edited by Bazooka Boo
Brain fart and can't post up scanned missives??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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With a little luck, the attachments should show the latest missives from, link,

 

 

and the fake letter from the Co-oP bank,

 

 

both sent in the same envelope,

 

 

both with the same font,

 

 

and both using the very same paper,

 

 

yes I really do inspect these missives that closely!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sadly the debt buyer are permitted

to use the OC's logo's etc.

 

 

in a NOA.

 

 

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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Hmm, but I'm thinking along the lines of SLC and their use of fake DCA's etc......

 

Surely this is misrepresentation?

 

Doesn't really matter to be fair, as I don't deal with DCA's, unless I want to bait them....I don't know, these are the second

clowns to chase for this, surely they know they're :deadhorse:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 months later...

The latest missive in this somewhat tedious saga.

 

I note that they claim to have sent me correspondence before, they've not, this is the first begging letter they've sent.

 

I also note that they claim that the debt is registered for six years or until the balance is cleared!

 

Maybe they know something we all don't?

 

Ha ha, my bad, school boy error! Convert jpeg to pdf.....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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begging letter

 

 

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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begging letter

 

 

dx

 

I know, I rang them and told them I wouldn't be paying them anything, as I was previously paying £1 a month direct to the bank who kept on refunding

the payment to my account before selling it on.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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