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    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company. They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may, rep- you either do or you don't, I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok. The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
    • the sil landlord, it was for £20k plus he added £18k for rent and utilities bills.
    • Hi all,    Quick update. I still haven't heard anything from Excel regarding the SAR.  I'm hoping the one from Elms Legal will turn up tomorrow in the post! 
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joeblogs

Drowning in Debt and very worried for my elderly friend

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Hi Brassnecked, yes it was stipulated in CCA Section 77 that the £1 must not be used against the debt - letter used from CAG library. 

N/Wide wrote back, kept the £1 and stated that the letter had to be signed (which it doesn't have to be signed) and asked for £1. 

A second letter was sent with my friend sqwiggling his signature and pointed out that they had already received the £1. 

 

To date,. he has not received a copy of his credit card agreement. 

As two requests have been sent for a copy of the agreement, I am at a loss as to what to advise him to do about getting a copy.

 

Hi Andy, 

he has three N/Wide debts, the PDF in post 42 is for his loan. 

He has not received the agreement for his credit card with N/Wide as mentioned in the paragraph above. 

 

Then he has an overdraft, but the advice on the forum was not to worry about the overdraft at this stage.

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Hi,

 

Andyorch, you say in your post number 47 that the Barclaycard debt is not enforceable.  Can you explain in a couple of sentences why it isn't enforceable.  Thanks

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For what purpose.??

Dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Look at the screen shot......

 

A screen shot retrieval of application is not a copy of the agreement .....reconstituted or the original.A set of terms and conditions does not satisfy a request under section 78 of the CCA 1974...


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Hi DX100uk

 

I asked so that I could try and explain it to my friend  as I didn't understand the agreement.

 

Hi Andyorch

 

Thank you for explaining, I can now show him what you have written.

____________________________________________________________________________________________________________________________________

He is going on his appointment to the Mental Health Team on 17 December so he will ask if his doctor will complete the Debt and Mental Health form.

 

He has sent yet a third request under Section 78 for a copy of his N/Wide credit agreement and he has still not received it from them.  The first request they put the £1 postal order against the credit card debt, a second letter was sent explaining all this and to send a copy of the agreement, yet again this was ignored.  A week ago a third request was sent and they still haven't  sent a copy of the agreement.  I am beginning to think they haven't got a copy of the agreement.

 

I will update in due course.

 

Thanks

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so i'm i.

 

I asked the q so I could give you an appropriate response as I guessed that was the reason but wanted to be sure.

 

andy's already answered so … you should be ok

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks to both Dx100 and Andyorch for taking the time help, much appreciated.

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Hi everyone

 

Yet another issue has arisen. I'm at my friend's now and he received a DEFAULT letter yesterday dated 28.11.19. from N/Wide Credit Card when he had only missed two payments - the third payment was due 01.12.19.  I was under the impression that a Default Notice is only issued after 3-6 payments had been missed.  I did Google this and the guidance is from the Information Commissioner's Office.

 

Also to add insult to injury, this is the very debt he has written to N/Wide to request a copy of the agreement.  Without seeing the agreement, we don't know if it's enforceable.  They just keep ignoring his requests, they even put the £1 postal order against the credit card debt.

 

Please, any suggestions of how to proceed in the matter.

 

Thanks to everyone in advance.

 

 

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they don't 'have' to abide by the guidelines re Defaulting , before sending a default notice, which must be in a specific format and give a date better than 14 days away to rectify the breach listed.

 

the fact that they have or don't the agreement is irrelevant to issuing a DN


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Okay DX thanks for answering that one. 

 

With regard to  the credit card agreement we can't make them send a copy, so it appears he is stuck on that one.  I can't advise him any further as how to obtain a copy of the agreement when he's asked for it 3 times.

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Then NW get no money till they comply

ball i s in their court


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I agree with you DX100, but N/W don't want to play ball and send a copy of the agreement after 3 requests.  How will this stand if it goes to Court?

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very badly.

Nw are one of the very few original creditors that do do court on rare occasions and don't like selling debts to DCA's.

but in this instance they wont go near a courtroom door and I expect sell it on.

until either of those happened i'd tell him to sit on his hands with regard to this debt.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Happy new year Cagers,

 

I want to update you on my elderly friend.  Save reading this whole thread, he's on disability benefits and has multiple debt with Barclays and Nationwide.

 

Mid December he went to see his psychiatrist who completed a Debt and mental health evidence form and the psychiatrist gave him a very powerful letter about his fragile state of mind to send to ALL his creditors  even ones he is managing, which I think is only fair advice.  Only problem is one of the creditors who he is just about managing holds his current account (the current account is in credit so he can close it when he can get his basic bank account up and running) where his benefits are paid into and if he misses any payments they will just take them at source.

 

He has applied for a basic bank account and was advised not to send out the Debt and mental evidence form and the supporting letter - he's also got an income and expenditure with a Nil income available per month after paying priority debts. The outreach CAB helped draw up this document and advised that until the basic account is up and running and all his benefits have been transferred, not to send out the psychiatrist's letter, mental health form and income and expenditure as it could jeopardise his current bank account and his benefits would be swallowed up.

 

This week he had confirmation that he's been accepted for a basic bank account and if the need proof of ID or address they will ask for it.  They should have it anyway as they do a 'soft credit check', Co-op basic account. 

 

In late December N/W  sent him a 'Cooling off period' letter and an income and expenditure form to complete, it said they would not be in touch for 30 days.  The CAB advised to use the income and expenditure the CAB had prepared, but to wait until the basic bank account was up and running. 

 

Also after 4 letters, eventually under the CCA Section 78, N/W after taking the £1 postal order and putting it against his credit card debt, decided at the beginning of January to send out a book load of paperwork containing the credit card agreement.

 

Today a large man turned up dressed in black with a clipboard rings his doorbell.  My friend has a Ring device and answered it on his phone, the guy said he was from Excel and that he wanted to speak to Mr John XXX, my friend couldn't understand hardly a word he was saying apart from Excel, eventually the guy pushed a letter through his letter box.  John won't open the letter, so I've reassured him that he did the right thing in not opening the door, and if he turns back up to just ignore him.  I will pop round later or tomorrow.

 

Who are Excel, given that B/Card are quiet and N/W have given a 'cooling off' period, John owes nothing to anyone else.

 

Any advice please.

 

 

 

 

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debt advice councillors I bet

yes totally ignore.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Had a look at his Ring video recording and it was Excel, the envelope ask for John to call him re N/W.  I've told him not to phone and that he did the right thing.  Do you think N/W has already sold the debt on as it's still on 3-4 months from the last payment. That's the thanks for him banking with them for over 20 years.

 

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Cause not

He'd get lots of letters before than and a notice of assignment


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Oh, sorry I don't know what the bank's timelines are or anything about assignments of debt. 

 

So as it's not been sold and N/W told John he had a 30 day cooling off period, why on earth would a debt collector come out? 

 

I'm so confused myself, don't know how people manage with these financial institutions, thank goodness for this forum.

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seriously don't worry about it all.

it's all a dca can do..create worry.

 

dx

 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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