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    • ACI are part of the Perch Capital group along with TM legal.  
    • Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
    • You can easily argue your case with no sign on the nearest parking sign
    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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WONGA ordered to pay £2.6m Compensation for misleading Debt Collection Practices


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Hi there, I 'think' you have misread what I wrote; unless you see the last registered payment towards an alleged debt as the agreement start date. :???: In any event, I can assure you that Equidebt did proceed on what Intrum Justitia gave them. Real solicitor or not, they certainly would have got nowhere. Not entirely irrelevant to the topic, as it further illustrates how creditors keeping poor records can have it come back to haunt them in the future.

 

Anyhow, like you said, let us proceed with mercilessly investigating Wonga. If you wish to discuss this further, then please just pm me and I will be very happy to start a new thread. :?:

 

Equidebt were pretty easy to see off if you kept your own records - their attention to detail was sadly lacking.

 

 

I have never been able to understand people not keep important documents such as credit agreements and statements.

Keeping records od ones accounts of all types is essential.

 

I agree, since at least 2006, it has been highlighted everywhere that keeping "everything" including the envelopes, is very important. It has been pointed out so many times on CAG that the devil is in the detail.

 

With DCAs being provided with limited data on their purchases and Original creditors destroying anything over 6 years of age, or just their shoddy record keeping, it is very important that the "debtor" have their own records to counter some of the claims being made.

 

I am sure everyone has read of the Harrison v Link/MBNA case, Mr Harrison was very meticulous - he kept every letter/email - recorded every telephone conversation in court it became very clear that MBNA's record keeping was very poor. It was most certainly instrumental in producing the Judgment in Mr Harrison's favour.

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records. I too kept everything received when I was deep in debt, with a detailed spreadsheet as well for ease of reference and / or combat. There can be many reasons that some may fail to keep their ammunition, eg sheer incompetence or a false sense of security. But still it is hard to understand in many cases. What I find almost as hard is the widespread practice of telling the enemy what is wrong with what they are claiming rather than simply refuting and making them find out for themselves . . . from records they often don't possess.

 

All I can say further regarding Equid is that I know of solicitor's letters ["will" type, not "may"] which, if ignored, were not followed up, but the recipients did have records to hand in case the solicitors were to go to court. I still don't understand how, renegot, you believe only your record keeping prevented further action.

 

Anyway, as Equidebt went down the tubes, they can't be called to account, so their past antics don't much matter. The last letter I saw from them was offering 80% discount, and the one before it to consider "any realistic amount, no matter how small". Pathetic. Sometimes it doesn't take a genius to determine when the party is over.

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I'd second what CitizenB says there, what the record keeping does is kills-off the assumptions made by Judges that we are all filthy debtors and that the finance companies are the nice professional organisations who have teams of lawyers constructing agreements and highly technical administration systems collating all our documents which proves we are filthy debtors trying to get off on technicalities from paying what we should.

 

What appears to have happened in the above case demonstrated that evidence provided was not as it was being portrayed by this 'professional' organisation.

 

I went to court and made a counterclaim against a company's actions, the judge said to me " You realise what you are claiming here Mr Andrew1? - it was a fairly large counterclaim and I did feel somewhat embarrassed to submit it, but.....I replied " yes your Honour I do and appreciate the moral appearance of this" and she interjected before I finished and said "We are not here to judge the morals Mr A1, Just the facts"......

 

Come up with the facts.....they're stuffed.and that's all I do now, I just use the facts and you can only use those facts if you do as Harrison did..keep every word and envelope, record every phone call and keep a diary of events. It will, just like this Wonga situation, come back to haunt them.

 

I still want to know though, what happens to the litigation which has been taken by these so called 'solicitors' like DG? In-house pieces of paper submitted as solicitor firms, what happens to those cases which have been submitted to a court and won by the creditor.......are they legal or not?..... and if not, what are the remedies?

 

A1

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  • 2 weeks later...
I still want to know though, what happens to the litigation which has been taken by these so called 'solicitors' like DG? In-house pieces of paper submitted as solicitor firms, what happens to those cases which have been submitted to a court and won by the creditor.......are they legal or not?..... and if not, what are the remedies?

 

I suspect that they could all be challenged, but it would not be automatic in any way at all. Everyone would have to pursue their own case individually.

 

 

 

All I can say further regarding Equid is that I know of solicitor's letters ["will" type, not "may"] which, if ignored, were not followed up, but the recipients did have records to hand in case the solicitors were to go to court. I still don't understand how, renegot, you believe only your record keeping prevented further action.

 

Well, I said to pm me if you wanted to discuss this further, but you never did. You then continue the conversation on this thread, when it was you who was complaining about it taking the thread off topic. I am a bit confused by that and by your lack of understanding, not to matter though and no hard feelings, as I have started a new thread for your perusal here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?432153-Baron-Renog-s-Dad-Versus-Equidebt.&p=4605851#post4605851

What sort of world do you want your kids to grow up in?

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And the saga continues to take some more twists and turns, email from Wonga:

 

 

Dear xxx

 

System errors

 

We sent you an email on 26th June 2014 informing you about an internal investigation in which we identified certain system errors, which resulted in the miscalculation of some customers' balances. Some customers overpaid Wonga whilst a greater number underpaid.

 

All known balance calculation issues have been addressed. As a result, where customers have overpaid Wonga this will be repaid with interest and those who underpaid Wonga will not be asked to pay the shortfall.

 

We unreservedly apologise again for this issue and we are committed to putting things right and compensating those who experienced financial loss as a result.

 

Latest developments

 

Following our ongoing investigation, we can confirm that the vast majority of customers who overpaid Wonga overpaid by less than £5 and a significant proportion of customers overpaid by less than £1. For most customers this will mean an adjustment of their outstanding balance.

 

Please be assured that we are working hard to identify all customers who have been affected by this issue and to resolve it as quickly as we can.

 

Further information

 

We know your debt has been transferred to another company. However, Wonga will be handling all elements of the redress process so please direct any queries you have relating to this process to us. If you have other queries in relation to any outstanding debts, please direct these to the company who took over ownership of your debt. The system errors do not affect any payment arrangements you may have in place with these third parties.

 

We aim to be in contact again with an update within the next 12 weeks. If you have any queries in the meantime please contact our customer service team on our freephone number, 0800 840 0836 or national call rate number, 0333 005 0836.

 

 

 

Yours sincerely

 

Tim Weller

Interim CEO, Wonga Group

 

Now they apparently need another 12 weeks:mad2:

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No. Because you dont have a licence.

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

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Yes i also received this email!

Can we not charge Wonga the interest they charges us @ 5000%APR?

Might actually be worth at try, write to the head shark and suggest it.

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So i could theoretically claim it @ 4851% APR? ... Legitimately?

I can see no bar to placing the interest claim at the contractual rate of the account.

 

 

I can however foresee the brown stuff hitting the device for moving air!

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!

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  • 3 weeks later...

http://www.consumeractiongroup.co.uk/forum/showthread.php?433969-***********Wonga-Writes-Off-330-000-Customers-Debts*****************

 

 

http://www.standard.co.uk/business/business-news/wonga-to-write-off-debt-of-330000-customers-9769003.html

 

 

The Financial Conduct Authority has taken the unprecedented step of making the short-term lender cancel the outstanding debt of 330,000 borrowers and scrap the fees and charges of 45,000 more.

 

Hopefully the FCA will extend this to the rest of the irresponsible lenders.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Compared to certain other PDLs wonga was very responsible (in the same way Saville was better at looking after children than Issa Sesay), which raises the question when will the loans from companies that have never done one single affordability check be written off?

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They want to start looking at CFO Lending - they are trashing people's credit files with default amounts inflated by over £1,000 !!!

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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How about this link about the poor lot at Wonga loosing 53% profits - wonder how their favourite political party will now view the lack of contribution from them! Would love to see Wonga's own I&E - apparently from the article they are not doing any adverts at the moment...

 

http://www.credittoday.co.uk/article/17423/online-news/wonga-profits-fall-53

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