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    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Savers are pouring money into cash Isas as they look to protect the interest on their nest eggs from tax. They put more than £11bn into cash Isas in April.View the full article
    • The stock ended the trading day at nearly $136, up 3.5%, making it more valuable than Microsoft.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 81 replies
    • 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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Lowel Discounted Offer


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HI

 

I have 3 outstanding accounts with Lowell. Totaling approx £3000. They are quite old accounts but not statue barred.

 

I called today and offered to repay 40% of the total amount in order to help repair my credit file and clear these off. It would be on a repayment plan over 15 months.

 

They agreed to this but advised that the debt will be marked as partially satisfied on my credit file and this doesn't look good on a credit file. I imagine there is some element of truth to this but obviously not as bad as unpaid!

 

Is partially satisfied a bad indicator for potential new credit lenders i may use in the future?

 

Thanks

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Discount means unenforceable debt.

 

Basically theyre saying "we know we could never enforce this if you are smart, but we hope you arent, so we're calling your bluff"

 

I mean come on. They agree to settle at a discount on a debt you likely never have to pay, but they still want to place negative markers on your file?

 

Also NEVER call a DCA. Youve been here for years, so should know what not to do by now. Why on earth are you negotiating repayments with a DCA anyway? Have you sent a CCA request to them to check if they even have the correct paperwork?

 

Lowell are bottom feeders.

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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wherever did you get the insane idea to ring a DCA?

you've been on CAG 10yrs and don't know they are totally powerless and NOT BAILIFFS???

 

so they have sent you the signed agreements for these accounts that legally gives them the right to even write to you??

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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Doh! how do you even know they are enforceable? What are the debts?

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 OTHERS

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

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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not sure where you are getting the idea paying anything will improve your credit score

if a debt is defaulted

its there for 6yrs paid or not paying or not. and the whole account will vanish on the defaults 6th birthday regardless.

 

that is the ONLY way your score will even improve.

 

so what are the defaulted dates please on all 3?

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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sorry for the late reply. The reason is that i want to clean up my credit file.. im trying to apply for a morgage and lowell are destroying my credit file. at least if i start a payment back it will start to repair my credit. that is the only reason im negotiating with them

 

As dx said. No idea where you heard that, because it is 100% not correct.

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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It will still show on credit files as a default, and Lowell might sell the remainder of the debt on to another bottom feeder

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 OTHERS

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

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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sorry for the late reply. The reason is that i want to clean up my credit file.. im trying to apply for a morgage and lowell are destroying my credit file. at least if i start a payment back it will start to repair my credit. that is the only reason im negotiating with them

 

Find a good mortgage broker, you will need to show them your credit file as part of the application process, it will shatter all your preconceptions of what does and doesn't affect a mortgage application.

 

I can tell you 100% from experience, some crappy 4 year old default from Lowell, has zero bearing on any mortgage offer you might receive, and that offering to pay them is literally chucking money away that you would be better off using for a deposit on a house.

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 OTHERS

 

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

 

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

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For a prime mortgage youd be wrong, unless you can show proof the default is paid, or is being paid at a rate acceptable to the mortgager.

They want YEARS of clean and consistent credit history in order to lend.

 

Infact, many major lenders wont even tell you why you have been refused a mortgage application now.

They say its to combat fraud and attempts to circumvent their lending criteria and systems.

Edited by dx100uk
quote

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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For a prime mortgage youd be wrong, unless you can show proof the default is paid, or is being paid at a rate acceptable to the mortgager. They want YEARS of clean and consistent credit history in order to lend.

 

Infact, many major lenders wont even tell you why you have been refused a mortgage application now. They say its to combat fraud and attempts to circumvent their lending criteria and systems.

 

Agreed,

 

That's why, at least in my circumstances, I was better off paying 150 a month more for a sub prime mortgage, as it was still way less than the amount I was flushing down the bog in rent. Plus I will own the house outright in 20 years whatever happens, and not need to pay rent in retirement.

 

In a few years when all my defaults are statute barred and off my credit file, (depending on house prices) perhaps i can remortgage at a better rate, but at least I have got onto the property ladder now.

 

Also bear in mind, any payment the OP makes to an old default is restarting the Statute barred clock, he's better off making sure they all have his current address details, just in case a claim form comes through, ignoring until then.

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 OTHERS

 

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

 

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

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  • 2 weeks later...

sorry for the late reply.

 

Appreciate all your input.

 

I was under the impression that if i started to pay these back, that my credit score would increase, therefore have a better chance of getting accepted.

I will take your advise and continue to ignore them.

I've started receiving alot of letters from them again, albeit because i made contact!

Edited by dx100uk
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The only way it will increase is when the defaults vanish after 6 years of being on your file.

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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