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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
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    • 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.

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      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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The National Bank of Ras Al Khaimah/IDRWW Courtclaim - old UAE Loan/CC


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Name of the Claimant ? The National Bank of Ras Al Khaimah

 

Date of issue – 03/06/2020 

 

 

Particulars of Claim

 

What is the claim for – 

 

1.The Claim is for repayment of a credit card and loan debt incurred by the Defendant whilst resident in the United Arab Emirates. 

 

2.Pursuant to Practice Direction 16, this claim against the Defendant is a claim for payment in a foreign currency; namely Arab Emirate Dirham's ("AED").

 

3.The claim is so pleaded because AED was the currency borrowed by the Defendant and advanced by the Claimant under the terms of the Credit Card and Loan. Adopting the foreign exchange rate of www.ft.com as at  the claimed sum of AED XX,XXX equates to £XX,XXX. 

 

What is the total value of the claim? AED 77000

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No

 

Did you inform the claimant of your change of address? NA


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan / CC

 

When did you enter into the original agreement before or after April 2007 ? No

 

Do you recall how you entered into the agreement...On line /In branch/By post ?

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments?

 

What was the date of your last payment? Feb 2018

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes

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Topic moved to Financial Legal Issues forum.

 

Andy

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 OTHER

 

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you've not fully answered the questions in our link....

 

I will guess this is IDRWW on behalf of the original creditor?

can we have the full POC verbatim as written minus any pers details.

 

you say you've not moved? but you must have escaped from UAE to the UK?

when please?

and how many times have you moved within the uk since arriving?

as there would have been a lot of previous warnings and paperwork sent somewhere ..like the pre action protocol Letter of claim.

 

please expand upon your story inc what payments plans you had in the past and when with the original creditor.

 

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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  • dx100uk changed the title to The National Bank of Ras Al Khaimah/IDRWW Courtclaim - old UAE Loan/CC

Thanks for the reply, Apologies  I didn't provide the right information 

 

The Claim is for repayment of a credit card and loan debt incurred by the Defendant whilst resident in the United Arab Emirates. 

 

Pursuant to Practice Direction 16, this claim against the Defendant is a claim for payment in a foreign currency; namely Arab Emirate Dirham's ("AED"). The claim is so pleaded because AED was the currency borrowed by the Defendant and advanced by the Claimant under the terms of the Credit Card and Loan. Adopting the foreign exchange rate of www.ft.com as at   the claimed sum of AED XX,XXX equates to £XX,XXX. 

 

To confirm re moving / addresses- Moved from the UAE back to the UK, haven't moved since coming back to the UK. This was in March 18.

 

I haven't received any documentation prior to the claim form, no PAPLOC.

 

No payment plan, but was in communication whilst in the UAE regarding financial problems. Left the UAE due to a variety of issues, mainly relating to my employment & the health of my wife.

 

Thanks

.

 

I will guess this is IDRWW on behalf of the original creditor?

 

Named Claimant on the form is the creditor- docs issued by IDRWWW

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Do you still have the agreement s??

 

Does it state they can raise court claims out of jurisdiction?

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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This is probably important to clarify.

 

I do not have copies of any credit agreement(s). I have what appear to be "reconstituted" copies of application forms, which were submitted with the claim form

 

The terms are illegible on the loan application form, so I cannot verify either way in terms of what the document actually says re jurisdiction.

The Credit card application does not encompass detailed terms, these are in a separate document (copy also submitted)

 

The statement submitted by the sols with the claim form does make reference to various "terms" including jurisdiction - words to the effect that they can choose the court.

 

I can provide copies of all if that would help.

 

 

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so basically like all the other uae claimforms threads here

they are flying a kite to see if it will stay in the air.

 

it might way pay you here to do what you've suggested and scan everything they've sent in terms of paperwork to ONE multipage PDF.

read and follow our upload guide carefully please.

 

we've got till sunday to file the AOS and if/if not jurisdiction is worthy of contesting.

 

get the stuff up and p'haps andyorch will pop in an advise then.

 

just please be aware of what you read elsewhere and take it with a large pinch of salt!! if it's true or not.

they do and will use any trick in the book to exert pressure upon you.

now might be a very good time to insure things facebook and linkedin etc are blotted down tighter than a duck's...… in terms of privacy of relatives details etc.

 

one thing that strikes me it this is all rather very quick if you only escaped in march...ummmmm….

 

 

 

 

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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Thanks, appreciated - I've had a good read through similar threads

 

To confirm.

 

It was March 2018 I returned to our fine shores.

 

I have filed the AOS already, defend all and Jurisdiction.

 

I'll read the guidance on uploading the docs & pop them us as soon as possible.

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hehe yes I did read that wrong

so not quick then..

 

strange nothing prior to court claim from them mind 

as they should be abiding by the pre action protocol and issue a letter of claim

and they would have been numerous prior comms/letters going by their usual MO.

 

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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Post 9 upload<<clickme

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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Did you contest jurisdiction?

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...

There is a non exclusive jurisdiction clause in the terms  - so having read previous threads, I thought it was not wise to do so 

 

I have sent a 31.14 request for various documents to be provided.

 

neither the claim form

or POC contain any account numbers, no basis or calculation of how the claimed amounts have been arrived at, the POC doesn’t mention the claim number and is full of speculative comments and claims without basis or evidence.

 

Ill get all the docs redacted and uploaded so tomorrow so I can get the defence away, some input on that from @Andyorch would be appreciated 

Edited by Imnotthere
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What date is your defence due ?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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Goes from the N1 date..not received date so it will be Friday 3rd July.

 

Have you made a start ?   needs to be submitted by 4.00pm

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Sure...upload your draft (in PDF Format) so only members can see it and then we can finalise if for Friday..I will run through your uploads and see if you have missed anything.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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Very good so far...well done.....should have it finished for Thursday latest.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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