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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Madmart58
      Lost items sent through Parcel2Go and EVRi

      By Madmart58 · Posted

      Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Angryman1404
      IDRWW letter and email received this week

      By Angryman1404 · Posted

      Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Mortimer clarke & claimform for Egg Debt -***Settled by Consent/CCJ avoided***

jcoop66

By jcoop66
in Legal Successes

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AndyOrch

AndyOrch

Posted
Posted

Just just check now that the court has sealed the consent and that the claim is stayed...then sit back and let them either approach you with view to settlement or if they wish to proceed.

 

You dont file a defence unless they lift the stay..then the claim proceeds.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 1 month later...
jcoop66

jcoop66

Posted
  • Author
Posted
Just just check now that the court has sealed the consent and that the claim is stayed...then sit back and let them either approach you with view to settlement or if they wish to proceed.

 

You dont file a defence unless they lift the stay..then the claim proceeds.

 

Andy

 

Thanks Andy.

 

 

It has been some time without hearing much, but to give n update:

 

 

The court returned the consent order as it wasn't signed by Mortimer Clarke. I sent a letter to Mortimer Clarke asking them to confirm that they are going to sign the consent order and send it to the court as they stated.

 

 

I have received a letter today from the court informing me that the deputy district judge has deferred the application. The deputy district judge has said that if we have come to an agreement then we should send a Tomlin order to the court, we haven't.

 

 

Is deferment a good thing?

 

 

I still haven't had any paperwork through to substantiate the claim. Oh and egg returned my CCA request saying the letter needed to be signed! They kept the fee though!

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AndyOrch

AndyOrch

Posted
Posted

Deferred is merely delayed jcoop.....obviously the DJ is not happy with the Consent Order and would prefer a Tomlin Order....consult the claimant and agree same by way of a TO and ask if they would sign it this time.:roll:

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 1 month later...
Pipster2797

Pipster2797

Posted
Posted

I'm in a very similar position to this with the same mob and

the same story except I'm right at the start and just received the claim form

and don't want to start my own thread straight away as feel comfortable handling it.

 

What got me thinking with this though, is like mine,

the account is nearly SB and by you agreeing to the stay,

will that effectively override the SB?

i.e. SB will not count because the case has been stayed by the agreement of both parties?

 

My first thoughts with this mob were that tested the water with phishing letters

and people that ignored them got sent a claim

and they would be hoping people didn't respond so they got a judgement by default.

 

I now think that by staying the case's they will overcome the SB limitation.

What does everyone think?

 

I'll be keeping an eye out and watching for how your case progresses.

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dx100uk

dx100uk

Posted
Posted

i'g be starting 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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Pipster2797

Pipster2797

Posted
Posted
i'g be starting a new thread of your own

 

dx

 

Why?

 

I've said I'm comfortable with my own case and

 

I'm not posting about my case and

 

think the question I have asked is very relevant to the original poster.

 

I'm not trying to hijack the thread but merely offer a reason of why the claimant would be wanting to stay the case.

 

It may also be something that has been overlooked by the original poster and a bit like yourself I'm trying to help!!

 

The more minds the better!!

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dx100uk

dx100uk

Posted
Posted

ok fine

 

wasn't sure

 

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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AndyOrch

AndyOrch

Posted
Posted

What got me thinking with this though, is like mine, the account is nearly SB and by you agreeing to the stay, will that effectively override the SB?

i.e. SB will not count because the case has been stayed by the agreement of both parties?

 

The clock stopped on the issue of the claim...stays have no effect...it only restarts if they discontinue or its struck out.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Pipster2797

Pipster2797

Posted
Posted

The clock stopped on the issue of the claim...stays have no effect...it only restarts if they discontinue or its struck out.

 

Regards

 

Andy

 

So the claimant would benefit by the case not going ahead and it being stayed then? Because as you say the clock has stopped on SB and will not restart again until the case is discontinued or it's struck out. It will never become SB if the case continues to be stayed.

 

Whereas if the case continued and was then either struck out or discontinued the SB clock would continue and then become SB next year.

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AndyOrch

AndyOrch

Posted
Posted

Correct or the case could continue and you lose and get a CCJ so think before striking out or pursuing statute barred.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...
jcoop66

jcoop66

Posted
  • Author
Posted

Hi all,

Sorry for not keeping this up to date.

 

(I hated reading incomplete threads ).

 

to give you an update:

 

all the Subject access requests, CCA request etc as advised.

 

They missed the deadline and wanted a stay while they tried to get the paperwork together.

 

Foolishly I agreed to this, but I also sent an email to the courts saying that they had no paperwork at all.

 

The judge didn;t like the "stay" and wanted an agreement in writing.

 

I send a letter to the claimant offering a very small settlement (in the hundreds) if they just finish the case now.

 

I did remind them that they had no CCA and the debt was unenforcable in court.

Now,I know I took the cowards way out, but

 

since getting the claim letter my nerves have been shot to pieces.

I am borrowing the money and settling the claim at roughly 5% of the claim value.

 

Having said that, since I signed the new agreement (with the setllement figure)

Barclaycard have written to me confirming that no paperwork other than statements is able to be located by them

 

.Had I been courageous / angry enough I may have won the case.

However, if getting in debt has taught me anything it is to be sensible.

 

The judge may have been one of those that I read horror stories about that would not have listened to me,

and even though my case was strong I may have lost.

 

I would rather not take the risk and just cough up.

 

Oddly, I feel I have let down the people on this forum.

By paying a settlement I have provided funds for them to torture more people and to extort money from them.

 

Sorry about that folks, but I was in no position to be a hero.

 

Good luck to any that get the same treatment.

If you can stomach the fight I would love to hear how you get on.

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AndyOrch

AndyOrch

Posted
Posted

Did you settle by consent then ? Did you avoid a CCJ?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...
jcoop66

jcoop66

Posted
  • Author
Posted
Did you settle by consent then ? Did you avoid a CCJ?

 

Regards

 

Andy

 

Yes. CCJ avoided. Just waiting for them to reply whether I pay the solicitor or the claimant. Will be payment by consent.

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