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

Restons Solicitors and Arrow Global threatening CCJ old egg debt

chris_m_

By chris_m_
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Old Cogger

Old Cogger

Posted
Posted
Is there any way to discuss the possibility of a reduced final payment with them without accepting the debt is mine? (a long shot I know!)

 

do not panic at this stage, if pre 2006/7 then it might be unenforceable, lets wait and see, why give money to fleecers when you may not need too, too early to judge that road yet!

:mad2::-x:jaw::sad:
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AndyOrch

AndyOrch

Posted
Posted

Dont forget that the section 77/78 request can also assist and add leverage to any F&FS offers :wink:

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

We normally recommend you head your request with " I do not acknowledge any debt with your company " when requesting an agreement from an assignee.

We could do with some help from you.

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ericsbrother

ericsbrother

Posted
Posted

they could start the ball rolling if their employer tells them to but they would then have to cease any action to comply with that request and that will be wasted time and money for them.

more than anything they want to wake you up so the faster the cca request gets there the less likely they are to think you are just going to ignore them and let them win by default.

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daverules

daverules

Posted
Posted

Chris I think you will find that what eric was saying is that they wanted to panic you in to making

payments and as you know your reaction was to start offering them 3k, so as you can see their

threat of a CCJ had the desired effect but luckily you came here for advice and can deal

with it accordingly.

 

Regards

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dx100uk

dx100uk

Posted
Posted

And I bet if you read the letter properly

It does not say will anywhere!!

 

What is the card and who was the original creditor

 

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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  • 2 weeks later...
chris_m_

chris_m_

Posted
  • Author
Posted

Hello again all -- I'm back.

 

I received a letter yesterday from Arrow Global stating that they do not accept that they are the creditor,

but will assist in my request for documentation from the creditor.

 

They will suspend all collection activity until they have provided the documents.

They also returned the £1 postal order.

 

Hmm.

So if they're not the creditor, why are they chasing me, and why would they continue with this process at all??

 

Should I expect the original creditor (Egg) to get back in touch.

 

I assumed they had sold the debt on to Arrow.

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dx100uk

dx100uk

Posted
Posted

std reply.

 

they didn't know you'd be cute and question their legality to collect a debt

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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  • 3 months later...
chris_m_

chris_m_

Posted
  • Author
Posted

Hi all. I'm back again, with good news and more requests for advice.

 

I never heard back from Restons and the debt is now six years and one week old,

as in, since the date of default as listed on my credit file.

 

Am I right in thinking that this debt is now unenforceable,

and if so what's my best plan of action?

 

 

I was planning on writing to the credit agencies requesting the removal of the debt from my file

and another letter to Restons telling them that they should no longer contact me.

 

Secondly, am I now free to pursue a PPI claim against the original lender?

 

Thanks in advance

Chris

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citizenB

citizenB

Posted
Posted

If it is more than 6 years since the date of the default on your credit file, then reporting should cease and yes, it is now statute barred. As most of the agencies only update once a month - it might be worth waiting until next month to see if reporting stops.

 

You can make a claim for Payment Protection Insurance if it was mis sold - you would need to do that through the original creditor. There is a chance that they might want to pay the refund to the company they assigned it to. IMHO they should not be permitted to do that as once they sold the debt they sold their interest in it.

 

There is also a very good chance they will simply send a cheque to you :)

 

So go for it.

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3: Banking Conduct of Business Regulations - The Hidden Rules

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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.

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citizenB

citizenB

Posted
Posted

You would not write to the CRAs to ask them to cease reporting on a SB debt - it is the company who is reporting you need to make contact with.

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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citizenB

citizenB

Posted
Posted
:thumb:

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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dx100uk

dx100uk

Posted
Posted

and quite honestly I wouldn't write anything.

just to clarify

the WHOLE debt entry will vanish from your file

no-one can thus report to it - it ain't there to report on!

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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  • 8 months later...
balsan1975

balsan1975

Posted
Posted

Hi,

I have same issue got a letter from Restons (acting on behalf of Capquest). They threat to take me to court to obtain CCJ for a default from Jan 2012. I responded with Pre Action Conduct - Request for information letter. There responded straight away say my request is not reasonably necessary or proportionate under paragraph 6 of the practice direction pre-action conduct and protocol. basically telling me they have been instructed to start proceeding if I don't get back to them with the 15k payment. they say I entered into a agreement with SAV Credit Limited on 17 Apr 2007. When In actually fact this was a BMI baby credit card with then because a citigroup card.

Can Anyone help me with what my next response would be to get them off my back? Can they get a CCJ against me? I am really worried... Also, think should I try and a reduced Full and FInal settlement... Any help would be greatly appreciated.

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dx100uk

dx100uk

Posted
Posted
SAV Credit limited bought this from Citigroup in 2011

 

 

you need to start a new thread

of your own please

 

 

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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