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    • new subheading under paragraph 25 – The defendant is fully aware of third party beneficiaries new paragraph 26 Any denial by the defendant that they are unaware of the existence of third party beneficiaries to their contract with Packlink would be quite untrue. The defendant routinely sends out notifications to parcel recipients informing them the parcel which they are carrying on behalf of the broker is about to be delivered. Please find examples at – bundle X X X, X X X 26. 1) In the absence of any explanation the defendant’s denial should be disregarded.  but in any event,   If you have a look at the pinned thread at the top of this sub- forum relating to third-party rights, you will find several examples of notifications which have been sent by EVRi to the recipients of parcels warning them that their parcel which is being carried on behalf of QVC, Packlink – et cetera is due to be delivered. I suggest that you use a couple of these as examples of how EVRi is completely aware that there are third-party beneficiaries involved. If EVRi tried to say – "yes, we knew that there was a recipient that we had no idea that there was a sender…" Well, could they really be that stupid? I suggest you incorporate that, make the tweaks which have been suggested by @jk2054 and that's it. That would probably be the final version. You've worked hard on it – but hopefully the constant repetition will mean that you are absolutely fluent if it actually goes to court. EVRi are watching this of course and I don't really expect they are looking forward to having a judgement on this against them so I can imagine that they might reach out to you before the trial and make an offer. Have you paid the hearing fee yet? I don't think you have. I can imagine that they are waiting to see if you pay the hearing fee so they know that you are serious. Of course is not guaranteed but I would expect that they will try to prevent this going to trial. You should hold out for every penny. And if they want to make an offer to you under conditions of confidentiality then you should refuse. Confidentiality is not part of the claim. That something extra. If they try to impose a condition of confidentiality then you should tell them that this would cost them extra. I would say thousand pounds is probably cheap for the trouble that a judgement against them will cause them. Keep us updated of any approaches by EVRi – either on the forum – or by email if you prefer to admin email address. Let's see your final version
    • Hello I’m also going through the same at the moment for £300. Icon went quiet for a month or so but just received another text this morning to say “Notice of likely CCJ/Enforcement due to non-payment”. I’m still ignoring as per all of the threads on this but every time I get a text I still like to have a read up just to check advice hasn’t changed so good to read this thread! Thanks
    • They have now closed the account.
    • Here are two more notifications from EVRi to the recipients of parcels that their parcel deliveries are underway and will be arriving soon. One is a parcel which was organised by QVC. Evri - QVC.pdf The second one is a parcel which was organised by Packlink.   Evri - Packlink.pdf It is clear that EVRi are fully aware that there is a third party beneficiary – the recipient. It would be extraordinary if they try to say that yes, they were aware that the recipient was a beneficiary of the contract but they were completely unaware that there was a third party sender.
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Arrow Global Vanquis


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Hi DX

 

Its never been defaulted

 

I looked through the log of contacts they sent me and there’s nothing there saying so either -  nor any letters in the letters they’ve sent.

 

Vanquis removed it from my credit file last year too. Odd ?

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well if arrows ever wanted to chance a speculative court claim.

they'll come very unstuck without a compliant section 87 default notice :bounce:

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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Hi DX 

 

So do I just leave this now? 
 

There’s certainly letters missing, I had one from Vanquis about the debt sale in certain. But it’s not in the files.

 

thanks for your assistance so far appreciated 

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well until/unless arrows reply to your CCA request..

as for the NOA 

the buyer can quite legally send that on the OC's behalf on their letterhead too.

but the debt sale will be noted in the sar as legally it must be.

 

 

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 vanquis hold is immaterial keep that to your self.

 

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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  • 6 months later...

open

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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a debt buyer can't issued a default notice/terminate an agreement under the CCA

ignore them

 

On 21/07/2020 at 18:30, dx100uk said:

well if arrows ever wanted to chance a speculative court claim.

they'll come very unstuck without a compliant section 87 default notice :bounce:

 

so no CCA return

no default notice issued by the OC.

 

good luck with this lemon debt arrows

 

until or unless they send a letter of claim or a CCa return you can ignore them.

 

 

 

  • Like 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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  • 3 weeks later...

Hi DX, 

 

Is it worth me contacting Vanquis to default

the account further back?

 

Wouldn’t Arrows become the creditor when assigned and are able to put a default on my credit report from now?


Or if they do can I get that removed?

 

Seems unfair when they’ve yet to respond to my own CCA request they are now taking action. 

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now go re read my last post...

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 DX I don’t want to appear dim.

 

You’ve stated to ignore them until anything more or a CCA return. I understand that I do.

 

But reading through posts it seems Arrows regularly apply defaults even if incorrect.

 

I just do not want a default on my report in 2021 for another 6 years after for a debt that’s been in issue for almost 3-4 years. 

 

 

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a debt buyer cannot register a default nor issue a default notice.

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...

Thanks DX, that puts my mind at ease a little.

 

Do I have any recourse if they do slap a default on my file next month? 

 

Having read a few threads about Arrows they seem to be horrific to deal with and likely to do so -there's other threads where Vanquis have sold debts on without defaulting but they've not been updated that I can see.

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Sorry Adam for not getting back to you earlier.

 

I am afraid DX is wrong in this.

 

If you are on a DMP, the new owner can, of course record missed payments and defaults on our credit file.

 

It is also true that a debt purchaser, who has undertaken an assignment of the debt from the original creditor can issue a section 87 default notice, and proceed to court action. the latter is not something DCAs do often, but they certainly can.

 

I suspect what DX means is they cannot issue two DN 87s. Which is true, but they can still enforce off the old one if it has not been remedied.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks I understand now. 

 

So there's nothing reported currently, ever since assignment in 2019, in fact the OC removed it a few months before too.

 

Whats my best option to avoid the default? I can't afford paying it all at once, but being a recent (2014) a CCA is likely to be found. 

 

Should I contact Arrow to see if we can set up the plan again? I uploaded the DN they sent me a few posts above if it helps. My CCA is almost 300 days without being replied too bar a confirmation but don't think that matters in the current situation. 

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no.

 

await if/when you get a letter of claim.

 

when did you enter into the low repayment to vanquis and they ceased interest?

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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Hi DX 

 

My concern here is all my defaults on my file drop next year. If they slap one on a CRA it’s stuck for another 6 years from now.

 

I believe they ceased interest in Feb/Mar 2016 and the agreement started then.
 

£9-10 a month, until they sold it in June/July 2019. That’s a long time

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the upload you have made is a termination notice not a default notice.

 

 

 

 

 

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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Share on other sites

up the garden path or down a rabbit hole be you falling.

 

a D or reporting a default to a credit reference agency in the monthly status calendar section of your credit file can only be seen by you and the debt owner, it is not a registered defaulted date and cannot be seen by anyone if they do a 'credit search'.

 

only the original creditor can issue a default notice under section 87 of the CCA which results in a recorded defaulted date showing in the summary line status on your credit file.

 

with regard the letter you got from arrows.

it's a termination notice and is total BS.

 

they are a debt buyer and a debt collection agency so saying what they will do is immaterial

they may instruct a dca to chase you...big deal so what..powerless muppets. their other trading name NCO is already on the case.

report a d to your file ...big deal no-one can see it.

 

they are not a creditor so cannot issue a default notice which results in a defaulted date being placed against the A/C.

 

sadly some people use a sledge hammer to crack a nut spouting all manner of twaddle to prove they have far superior knowledge about these things than a dca when there is never a need to go down that rabbit hole.

 

 

 

 

 

 

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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Hey Dx

 

Thanks for that I think thats key - if they did and no-one else can see it say if I applied for a new card, or a mortgage that's great. They are void of my CCA request nearly a year later so from what you've said I'm happy to just wait it out now.

 

My main worry was they'll turn around slap a D on my file, and any checks would show a new default in March 2021. I don't think that contradicts what @Peterbard said above either because at the moment there is nothing on any report. 

😀

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entering a D is not a registered defaulted date via a default notice.

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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Yes addam and you are right too worry.

Firstly you have to appteciate that what is on your credit file has absolutely nothing to do with the requirements oftbe consumer credit act to send a default notice u der section .87 whether one of these has been issued or not has nothing to do with what it says on your file.

Secondly and not wishing to upset anyone specifically. Whilst the form of the report issued to an inquiring creditor is different to what you see on your credit file. It does contain ALL the information that you see. I can tell you this first hand.


sadly the DCACan and often do register a D on your file. If you enter into an agteed plan with the creditor then no default is recorded. However if, down the road you miss a payment  they can. On one missed payment if you had two or more missed payments previously. Or three if you had no previous missed payments. 
 

This is why they tend not to default immediately.. it is a disgrace. You can fight it as being unfair. But really the law needs to be changed.

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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