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    • I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • 100% sure I didn't receive it, that why my first post is with the £100 letter.
    • Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
    • use this your WS and inc this as an exhibit off to bed now 3 nights been up till 4am aurora watching wont be on too early as it's lambing season out herding with the dog. your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity. highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph. agreements unreadable. would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place. never earned over threshold. dx       Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf
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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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    • 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.
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      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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Why not list it as its correct label? the CAB debt tool? it does not belong to the NORTH EAST DERBYSHIRE cab. I have already passed the stage of trivia sequenci I will continue to pass on the way I beat VANQUIS this is what it is about, What IS NOT stated by the OFT is to list the NAMES of the other creditors or the AMOUNTS THAT'S my point, If the OP has been charged ROP by at least some of the creditors, then they should/could claim on it yes?

 

 

Having all the pertinent info in the first place is what is needed, an I&E can be USED once all this has been collated. We need to find out IF there is any products attached to the debt that can be used to reduce the payments or anything of the like YES? We all have experience at different levels don't we? Lets wait for the OP to update the thread now.

 

 

What the OP should do before making ANY offer is to make sure that

1 The debt is enforceable.

2 All fees/charges are reclaimed

3 Get all the relevant information relating to each and every account that they have, once this is in place they should then deal with the most pressing one's first. Is this correct?

 

 

MM

Edited by mikeymack2002

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Why not list it as its correct label? the CAB debt tool? it does not belong to the NORTH EAST DERBYSHIRE cab.

 

I believe it was that branch that created it, and it's open to the other branches to use. I'm not sure is a central CAB initiative, but I would imagine it will become more central as time goes by. Of course, other money advice tools are available - such as mymoneysteps.org.

 

The budget approach is the general rule, but as I said earlier where there is the potential for a debt to be challenged it should be - although there are plenty of instances where this would be absolutely pointless - for example where it's incredibly clear that the best route forward would be personal insolvency - e.g. a Debt Relief Order or Bankruptcy. I think we can all agree that the most effective way to move a debt situation forward is to take a completely holistic approach.

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SEQ, lets try this one for size, OP owes 16,500, DRO upper limit 15.000 what if we can get the Op's figure below the upper limit? This way the OP pays a significantly reduced fee? correct? Is this a feasible way forward? if so perhaps that if some of the late/over limit fees are refunded, possibly taking the OP below the Upper limit for a DRO.

 

 

As the OP has stated she is in receipt of some benefits, can this be taken into account for this to happen?

 

 

MM

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I've got to agree with Seq here, he is spot on in what he's saying. As for NEDCAB, yes, I do know it was developed by the North East Derbyshire branch. In fact, I believe it is only very recently that it has had the seal of approval from the National Association of CAB, I forget the date but it was only 2-3 weeks ago-ish. The only way you'll get to it at the moment is through NEDCAB: http://mymoney.nedcab.org.uk

Seq has mentioned mymoneysteps and there's also of course https://debtremedy.cccs.co.uk/start.aspx

 

At the end of the day, we're all 'on the same side' and we all have the OP's best interests at heart. That's the main thing here.

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doesnt really matter where the info comes from, just so long as we all find it!

 

I have worked out a budget using the national debtline pdf generator gismo, shows that I have £2.86 pcm to share out. I have decided to hold this in reserve for now and simply tell them all that my only income is benefit based and that I receive full HB and CT relief, which are means tested and demonstrate my skintedness. As in if i had spare cash for non priority debts i would not get full HB etc.

 

comments?

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SEQ, lets try this one for size, OP owes 16,500, DRO upper limit 15.000 what if we can get the Op's figure below the upper limit? This way the OP pays a significantly reduced fee? correct? Is this a feasible way forward? if so perhaps that if some of the late/over limit fees are refunded, possibly taking the OP below the Upper limit for a DRO.

 

 

Two issues here.

 

1) Unenforceable debts would usually contribute towards the debt totals for a DRO, sadly. As part of the referral process a copy of an experian report will be required.

2) If any refund is more than £300 it could jeopardise the possibility of having a DRO - UNLESS any refund is then pro-rata'd amongst the remaining creditors.

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doesnt really matter where the info comes from, just so long as we all find it!

 

I have worked out a budget using the national debtline pdf generator gismo, shows that I have £2.86 pcm to share out. I have decided to hold this in reserve for now and simply tell them all that my only income is benefit based and that I receive full HB and CT relief, which are means tested and demonstrate my skintedness. As in if i had spare cash for non priority debts i would not get full HB etc.

 

comments?

 

£1 a month to those creditors with an enforceable agreement, for now.

 

Try a joint budget, I've an idea or two.

 

BTW: I'm away all weekend so I may not be able to reply quickly.

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thanks sequenci,

 

I think I've already said that I'm at the point where quite frankly I no longer give a rats doodah! They will get £1, they will get a cca request in the next week or so, followed by a CPUTR letter to confirm if they have or ever have had a compliant CCA, anyone who is compliant will continue to get £1 pcm. If they want to go for a CCJ, well the sooner we get the 6 years started on that the better- not that I will just roll over on that of course. Fact is, I do not need any credit for anything and my wife has a 100% clean credit file which is unlinked so we can access things like the best utilities deals etc through her.

 

As I said before I have nothing - council house, housing benefit, full council tax relief - and i am not holding this up as some kind of badge, I would rather otherwise. paradoxically though having absolutely nothing and being able to prove it puts me in a very strong position.

 

By way of a little back story: The Fact is I was ill for a number of years, which is the main reason the debt accumulated and my business failed. I am now 80% 'fixed' and consequently I am dealing with everything (and I mean everything) which is why i am on here and facing all this and dealing with it rather than running away from it, my days as an ostrich are over!

 

Naturally we have a 'joint budget' on a day to day basis but I will not include my wife in this in anything formal or legal because, to be frank, she is non of their business. They are welcome to 'destroy' me in a credit worthy legal sense but it begins and ends with me.

 

Also, with regard to timescale I should point out that everything was paid up 100% until the end of September - dont ask me how i managed that because i baffles me how i managed it for the past year or so - so there is no rush, we are still in the grumpy OC phase as it were. I think I mostly likely have (say) 4-6 months before they realise that i am being quite serious and they cannot bully me back in line because the money really isnt there.

 

I look forward to your idea or two or anyone elses ideas for that matter

 

All the best

Emptypot

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Well at least you have started here, which is the best thing,

 

 

CCA request all debts that were prior to 2007 as they have to send a signed agreement,

everything else can wait for a day or so.

 

 

Make sure they comply with it in full, terms and conditions, start middle end + any amended version's too.

 

 

A full and complete agreement,

 

 

when you get these scan and convert to PDF and post abut take out all personal details first, edit all Jpeg in paint to do this include removing all barcodes too. Chat soon.

the CCA request template is here http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974(2-Viewing)-nbsp

 

Fill in you details print off 2 copies and create a file for each creditor and keep it up to date,

it may also pay you to do the same on your pc with everything in each file.

 

 

When sending the letters off I tend to use RM rec/del and screen shot pod that way you have a full trail,

trust me on this it is worth the extra few moments of your time.

 

Don't forget to add the required £1-00 fee for each of them

MM

Edited by mikeymack2002

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Make sure they comply with it in full, terms and conditions, start middle end + any amended version's too. A full and complete agreement,

MM

 

I assume you're talking about complying in full with a S77-79 request and ensuring all prescribed terms etc... are included, along with the original T&C's amendments to the T&C's and the latest version (not sure amended ones are essential), plus a statement of account etc... ?

 

Sorry for clarifying, but it's unclear the way it's written. Also ensuring compliance with prescribed terms etc... is not something everyone would feel able to do, as different types of agreements have different prescribed terms as you'll know. :-)

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I believe it was that branch that created it, and it's open to the other branches to use. I'm not sure is a central CAB initiative, but I would imagine it will become more central as time goes by. Of course, other money advice tools are available - such as mymoneysteps.org.

 

The budget approach is the general rule, but as I said earlier where there is the potential for a debt to be challenged it should be - although there are plenty of instances where this would be absolutely pointless - for example where it's incredibly clear that the best route forward would be personal insolvency - e.g. a Debt Relief Order or Bankruptcy. I think we can all agree that the most effective way to move a debt situation forward is to take a completely holistic approach.

 

 

Hi sequenci

 

Just for info purposes

 

You are right, it was designed and developed by NEDCAB in house with valued input from many others and it DOES currently belong to NEDCAB.

 

There has been a major recent development with a license issued by CAB which basically means it can now go into other CAB branches in England & Wales with interest already very high.

 

Basically any CAB branch that takes the NEDCAB system will have their own domain with their name with all the letter headings also in the individual bureau names - as far as I understand the name will be changing to Cabmoney - for example NEDCabmoney and so on with other bureau branches for examples sake AnytownCabmoney

 

The signs are that this system will spread to other bureau branches in their own name so to speak, there is much more happening behind the scenes.

 

It is the only system I know that does and saves everything as far as a online assisterd DMP is concerned with the user in full control.

 

This system is posing one of the biggest challenges to the old order so to speak that has ever been seen.

 

It is there to help people in debt and it is FREE to use, the CAB have many very worried with this one, that is a fact, panic is the word at the moment.

 

It is down to choice at the end of the day, why not put up all the system links and let people decide or give their opinions (it is strange that this does not seem to happen very often:)

 

My views & opinions

 

PS - I will be putting a more very interesting info up later on the appropriate thread

Edited by Wintry
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