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    • My mind is a blur so i cant recall exactly what the judge said at the end, but he mentioned that he would be making an order for Evri to make payment to me. I wasn't sure if the court order will also be provided to me, either by post or email - if anyone can shed some light please?
    • Agree with everyone here it's bang to rights. Looks like you just slightly jinked left in order to go right. Ultimately, your time saving attempt is going to cost you as I don't think you have any grounds to appeal. I'd just pay the charge and chalk it up to experience.
    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
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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.
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payday loans caused me to default on Vanquis/Lowell. credit card


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Hi,

 

I've recently had a letter from robinson way, offering to close my account and to record partially satisfied.

 

Ideally I'd like the default completely removed.

 

 

I'd like to know if this is even possible, or is it a waste of my time trying to negotiate this with them?

 

Thanks!

Edited by puma85
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Very unlikely they would agree the removal of the default and would keep updating your file until they were no longer able to due to legislation :(

 

If you are considering accepting the offer anyway, you should insist on them confirming, in writing, that they will NOT sell the balance to another company for further collection.

 

If they do not agree to this, then I would be very suspicious.

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Any discounts from robbers way means its a bad debt and they're trying to get whatever they can from you before you realise.

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

:D

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when did you take the card out please

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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what date is the default 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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CCA them

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

:D

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Date of default from Noddle

 

[ATTACH=CONFIG]55120[/ATTACH]

 

I should have said this earlier, but before the debt was passed to Robinson Way, I had a few letters from Vanquis offering to close the account for the same amount as Robinson way (approx 50%). I'm not sure if i still have them but will dig out if I can.

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Very likely laden with charges. Both companies know it.

 

CCA too. Vanquis are pretty lax with paperwork

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

:D

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OK, I'll CCA them . Pretty new to this so please excuse my lack of knowledge on the subject.

 

I found the following template in a different post.... (strangely there isn't anything in the letter templates forum).

 

[removed]

 

Is this sufficient? Do I need to include a line saying 'This account is in dispute.' ?

 

Also, I presume I send this to Robinson way. Do I also need to send it to Vanquis?

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CCA request

 

 

goes to robbers way

 

blank £1PO

do not sign anything

 

 

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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I found the offer from Vanquis befre this was handed to robinson way.

 

 

Unfortunately, due to a lack of repayment, your account is getting passed to a Debt Collection Agency. The Agency will request a full balance payment, may add further recovery fees or potentially pursue legal action.

 

As a final opportunity to resolve this, I am able to set you up on one of our lowest monthly payment arrangements and I can still look to reverse the Default in your name.

 

Please note that with all of these arrangements;

 

Interest will be frozen.

Repayments are subject to periodical review.

Setup requires direct contact from you.

1st Payment must be received within 14 days of the date of this email and subsequent payments by the monthly statement due date.

If the initial payment will be outside the 14 days, please call us.

Current Balance: £1750

 

Option 1: Monthly Instalment Arrangement

 

REPAYMENT PERIOD:

24 MONTHS

MONTHLY AMOUNT:

£61.99

BALANCE:

£1487 (85% of the Current Balance)

*A settlement balance may have a negative effect on your credit file.

 

Option 2: Last Chance Settlement

 

REPAYMENT PERIOD:

Within 14 days of this email.

SETTLEMENT BALANCE:

£1050 (60% of the Current Balance)

*A settlement balance may have a negative effect on your credit file.

 

There isn't much time available so please contact me as soon as possible.

 

Email:

[email protected]

Text:

07860 031831

Free phone:

0800 781 9970 (Charges may apply if calling from a mobile)

Our opening hours are:

 

Monday to Thursday

8am to 8pm

Friday

8am to 6pm

Saturday

8am to 1pm

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So even vanquis have admitted something's funky with the amount allegedly owed.

 

Note.how they say THEIR lowest repayment plan, when in fact repayment plans are dictated by YOUR financial circumstances. Not whatever arbitrary number they decide.

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

:D

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nope sar time

get all the statements

 

 

find out what is wrong

 

 

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...

hoho obv trying to fleece you.

 

 

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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  • 1 year later...

I currently have a default against my name, which I do not ever remember receiving a default notice for.

 

I have written to the DCA that filed the default requesting a copy of the default notice. They have replied stating they are not required produce a copy and they don't keep copies of sent notices.

 

It sounds like they are trying to wriggle out of it.

 

Do I have a case here?

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Require more history of whats going on here puma...what are you trying to achieve ? who is the DCA ? Who was the original creditor?

 

Regards

 

Andy

We could do with some help from you.

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