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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However there reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sygma/Creation Finance being difficult


piggywinkle
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My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

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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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

dx

 

Like you,

StepChange said that they have no legal right to see any bank statements etc.

but they're telling me that they're going to keep billing me for my contractual payments

and subsequent default fees (which ironically took me over my original credit limit = more penalty charges).

 

Yes, the debt is on my CRA files.

I took the card out in 2006.

I've never sent them a CCA request to be honest,

as when we move, any 'spare' money will be going towards my bankruptcy fees (which I haven't told them) so I didn't see the point.

Is it still worth doing?

 

I never opted into any PPI with them either so that's a dead end.

Edited by piggywinkle
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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?

 

I thought a DCA may be easier to deal with than Sygma

- they have just been completely and deliberately obtuse from the get go.

 

I have been doing everything in writing though,

and I request to continue doing this at the end of every letter I send to them.

They invariably write back with, 'please call us on... to discuss your case further.' Errrr, nope!

 

The debt is for a CC.

The amount outstanding now is £2135.

It was just under the 2k credit limit before they started whacking penalty charges on for me being over my limit

(I was over my limit because they were putting on late payment fees for me paying less than my contractual payment!)

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then sar them and get reclaiming.

 

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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dx100s advice is what you need to follow, do you know what the charges are currently?

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:

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  • 2 months later...
My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

 

Hello. I have the same problem. i was trying to speak to them so many times, they are so rude and that's makes me upset. Just wanted to find out did you sort it out? What did you do? Kind Regards Ingrid

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hi

you wont get seen here

 

better to start a new thread

of your own

 

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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Share on other sites

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