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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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      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.

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Lowell/Overdales PAPLOC now claimform - 4 merged telecom debts ***Claim Discontinued***


Cagney18

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I’m currently trying to improve my credit rating as looking to get a mortgage but stupidly got into financial difficulty a few years ago and have a few defaults on my credit file, most have been passed onto Lowell.

 

Some are more recent but some I can’t even remember what they are for.

 

If anyone could help with how best to approach these it would be greatly appreciated. 

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nothing you can do to remove defaults

paying wont help

 

the defaults would have been placed on or before sale by the original creditors

nothing to with lowells.

 

defaults and the whole account vanish on the defaults 6th birthday never to return.

 

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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Thanks for the reply! So it’s a case of waiting for them to drop off credit file some defaulted in 2016 so should drop off credit file next year 2022?

 

Does this mean Lowell can still chase for debt indefinitely even if no longer on file?

Edited by dx100uk
formatting/spacing only - no issue
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Once a debt has had nothing paid in for 6 years it becomes Statute barred and if Lowell tried court after that, the Statute Barred letter should see them off, so once off the credit file, if nothing paid or acknowledged, its like the Norwegian blue feet up in its cage.

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

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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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as long as they have your correct and current address

simply ignore everything until/unless you get a letter of claim.

 

 

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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  • 7 months later...

I have just received a letter from Overdales Solicitors on behalf of Lowell for various debts dating back to 2012 -2015 over a period with I was struggling financially.

 

I have just manage  to start to re building my credit file/score after years and do not want anything to jeopardy it as the letter is threatening a CCJ if I do not respond.

 

Any advice would be greatly appreciated. 

Edited by dx100uk
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Have they included a Pre Action Protocol pack ?

 

Read here:-

 

 Use our forms not theirs.

 

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

 

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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old and new threads merged for more info..

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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As above then use our forms not theirs.

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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don't forget for those covered by the consumer credit act , send a CCA request too!

 

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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Yes you can normally we would advise Lowell direct but in this instance its one and the same. Put your CCA requests with payment in with response forms. Take copies and keep proof of postage.

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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yes as long as they are all covered by the CCA , what type of credit are the debts?

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

Phone contracts are not credit

You don't need a CCA.

 

Simply state the Debt owner has failed to supply any required paperwork despite previous request s.

 

I suggest you go read a few mobile telecom threads.

 

I've moved you to the telecom forum

 

 

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

No .

 

These will all go nowhere

 

Being charged for remaining months of a contract as a penalty because you cancelled?? Early is not on and is deemed an unlawful termination .

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

The latter

 

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...

Hi again,

 

Have received a response from Overdales with the 'notice of assignments' for each debt.  They also state that they have raised a query with Lowell with regards to the other documents I requested. They also say that the account with Sky can be accessed online. So I suppose it's a case of waiting to see what Lowell say?

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Or pigs might fly...

 

Not your problem. .  To do Lowell's work.   Cheeky buggers!

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,

 

I have received a reply from Overdales!  They enclose a final BT bill, and a final bill from only one of the Three mobile contracts but 2 sets of statements for both the 3 accounts listing payments etc I'm not sure who these are from Three or Lowell as they are printed on plain paper. They also say to log onto the sky account to view statements.

 

Just wondering where to go from here do I request more info? As they state if I do not respond they my issue a court claim.

 

 

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Usual rubbish then 

 

Yours is not the next move other than reading the numerous Lowell mobile telecom threads already here 

 

Not a will anywhere just threats.

 

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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Share on other sites

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