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    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
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      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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Lowells and Cap1 debt CCA return - help


aristilus
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Hi Debtfree,

 

DonkyB has it spot on.

 

Carey says that they can reconstruct an agreement for s78, but remember Waksman also said that if the agreement had been varied, and it will have been, then they must provide a copy of the original signed agreement to show that it was a variable agreement.

 

Saying that they can also reconstruct statutory letters is just plain rubbish. They cannot.

 

As DonkeyB has said, if they terminate shortly after a default notice, then that is their fault and that act cannot be rectified by printing another letter.

 

Unlawfull Rescission should see you through here, although some Judges may not understand it. The point is to to get all of your ducks in a row, to put them off attempting a court appearence.

 

They are correct in that they can still try to enforce the debt, including issuing a court summons, but if defended they should not be allowed to get judgement.

 

Apologies for the delayed response, but have had a poor few weeks.

 

Vint

 

hi, i'm just wandering if Vint//oe anybody is still helping people with these parisites DCas trying to get a quick buck, by buying up a load of 'pold pre 2007 debts and trying to get punters to pay up , hoping that crappy reconstituted fiddle fddlle documents my scare punters into paying up'i you could let me know if your still there , wouold apprecite it::smile::smile:

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hi, i'm just wandering if Vint//oe anybody is still helping people with these parisites DCas trying to get a quick buck, by buying up a load of 'pold pre 2007 debts and trying to get punters to pay up , hoping that crappy reconstituted fiddle fddlle documents my scare punters into paying up'i you could let me know if your still there , wouold apprecite it::smile::smile:

 

 

Hi do you have a problem with a recon agreement, some differences exist now in regard to recons now.

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Bang on Brig.

 

Bear in mind that case law since this discussion commenced has rendered the rescission angle obsolete – if, indeed, we ever had it right – don’t rely on threads that are nearly four years old! Start a new thread for a fresh problem.

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Bang on Brig.

 

Bear in mind that case law since this discussion commenced has rendered the rescission angle obsolete – if, indeed, we ever had it right – don’t rely on threads that are nearly four years old! Start a new thread for a fresh problem.

 

 

I agree DB, too much water under that particular bridge.

I'M not sure that we had it right either.

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hi,yes i CCa'd Lowell for a Capitol one agreement, what they sent was a load of fiffle faddle, Crap, clearly a recon of miscellaneous agreements with my name inserted: they then said i've got 30 days to respond: it's actually statute barred on the 05th jan 205, so was going to try and extend it to this deadline: have reead a great deal from Cosumer ACtion group, on how to prepare a defence, if needed, but i've got feeling that should i just press them for:

........................................................................................................

always ask to see the original agreement. If the creditor says that only electronic copies are available because the original was destroyed after scanning, then defendants must ask the creditor to show its procedures for complying properly with document management standards.

.............................................................................................................................................

 

then they may see that i will defend this:???? not before a few weeks have exoired tho'

any advice or support is always appreciated: (could do without this as i am suffering from Cancer and am presently under treatment) ,:)

Edited by aristilus
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I am assuming the SB target date is 5th January 2015 :)

 

Have you actually been served with a claim form ?

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hi,yes i CCa'd Lowell for a Capitol one agreement, what they sent was a load of fiffle faddle, Crap, clearly a recon of miscellaneous agreements with my name inserted: they then said i've got 30 days to respond: it's actually statute barred on the 05th jan 2015, so was going to try and extend it to this deadline: have reead a great deal from Consumer ACtion group, on how to prepare a defence, if needed, but i've got a feeling that should i just press them for:

......................... ......................... ......................... ......................... ....

always ask to see the original agreement. If the creditor says that only electronic copies are available because the original was destroyed after scanning, then defendants must ask the creditor to show its procedures for complying properly with document management standards.

......................... ......................... ......................... ......................... ......................... ................

 

then they may see that i will defend this:???? and they have little or nothing to offer : not before a few weeks have expired tho'

any advice or support is always appreciated: (could do without this as i am suffering from Cancer and am presently under treatment)

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hi,yes i CCa'd Lowell for a Capitol one agreement, what they sent was a load of fiffle faddle, Crap, clearly a recon of miscellaneous agreements with my name inserted: they then said i've got 30 days to respond: it's actually statute barred on the 05th jan 205, so was going to try and extend it to this deadline: have reead a great deal from Cosumer ACtion group, on how to prepare a defence, if needed, but i've got feeling that should i just press them for:

........................................................................................................

always ask to see the original agreement. If the creditor says that only electronic copies are available because the original was destroyed after scanning, then defendants must ask the creditor to show its procedures for complying properly with document management standards.

.............................................................................................................................................

 

then they may see that i will defend this:???? not before a few weeks have exoired tho'

any advice or support is always appreciated: (could do without this as i am suffering from Cancer and am presently under treatment) ,:)

 

 

 

It would help us to advise you if you can post up suitably redacted copies of all that you refer to as "piffle" etc.

 

 

Has a claim been issued?

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hi ciitizenb,

no not had a claim form sent,

the SB date is 16/08/2015 just checked the copy of account doc's they sent, realise now too long to go for 6 years SB, got 30 days to respond to them,?

not suure how to upload images, will try later:(

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own thread created here

 

 

you don't need 10 posts

 

 

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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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thanks will do tonight: in the mean time these staements T&CS are from a ROYAL BANK of SCOTLAND

and the card was with Capitol One ????? can you help? and how do i start a new thread, dont want to lose the helpers now :)

Edited by aristilus
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this is your thread

 

 

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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thanks will do tonight: in the mean time these staements T&CS are from a ROYAL BANK of SCOTLAND

and the card was with Capitol One ????? can you help? and how do i start a new thread, dont want to lose the helpers now :)

 

 

Please excuse my amazement RBS statements for a Capone CC account??? Were these supplied by Lowell.

 

 

Please carefully check account numbers, dates and amounts, if Lowell has supplied these statements then something stinks.

 

 

I look out for your uploads, just follow dx's instructions.

 

 

dx 100 has set up your own thread now so just post here.

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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file / properties.

 

 

if you print to PDF it will not carry over metadata

 

 

if you post the .doc directly here it will

  • Confused 1

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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Is there any letter from Lowells explaining the documents they have provided ?

 

 

I would have thought the attached documents would be sufficient to enforce,

unless you have a Solicitor who deals with CCA cases who can identify issues to use in defence.

 

 

Are these definitely reconstituted documents or just copies from a microfilm/records system.

 

Lowells normally farm out cases to BW Legal or Bryan Carter if they want to issue a court claim.

We could do with some help from you.

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