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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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Lowell/Overdales - Halifax One Credit Card Debt


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Hi, 

 

Like most people here I'm looking for some advice and haven't found a similar question already posted.

 

I ran into financial hardship in 2012 and struggled to meet the minimum payments to a Halifax credit card.

 

 That same year service was withdrawn by the bank and I entered into a peppercorn payment plan that I paid for a number of years.

 

 After sometime the debt was sold to Lowell and I actually #cringe continued to make payments.

 

In 2018 I wrote to them explaining I wouldn't be working due to health complications and made them a full and final payment offer which was rejected.

 

They wanted me to raise my payments even after I provided evidence I was in the red at the end of each month and living off of support.

 

 At that time I was fed up, felt harassed and stressed so wrote back stating that I've tried to work with them its going no where so I'm not making any more payments and I wont be corresponding with them again.

 

Over the years since this they'll periodically write and I'll ignore.

 

I did move, they found me and started sending letters to my new address.

 

I've had several we're considering referring to solicitor letters from them. 

 

Last week I received a 'Notice of Acting' letter from Overdales Solicitors. As per advice here I'm still inclined to ignore unless its a 'Letter of Claim'.

 

Over the weekend I did a credit check and there's no defaults in relation to this card, its not even listed as an old account.

 

Could it have been removed because of the age of the debt?

 

Is it possible they could still legitimately take me to court for this balance or are they trying new scare tactics for me to make contact?      

 

You're advice and experience would be appreciated. 

 

Much thanks. 

 

Have I posted this in the right place?

 

Edited by dx100uk
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Topic moved to Halifax Forum.

 

Keep the letters secure that they do have your current address for future reference...as for anything else continue to ignore.

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  • dx100uk changed the title to Lowell/Overdales - Halifax One Credit Card Debt

i am wondering if YOU have actually written to Halifax or Lowells simply stating your current and correct address?

if you have not, it might be wise to do so to prevent a possible backdoor CCJ?

 

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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Then they are known for purposefully filing to last advised address.

 

Simply WRITE to Lowell inform them of your correct and current address as per debt ref xxxxx 

 

You should be doing this also regarding any debt you last paid/used that type of credit in say the last 7 yrs.

 

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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***UPDATE***
I have now received a ‘Letter of Claim - 30 days to prevent legal action.’

 

Included is a reply form. 
Section 1: Do you own the debt?

Section 2: How will I pay?

Section 3: Do You Intend to get debt advice?

Section 4: What documents are you sending or requesting? Inc. financial statement. 
 

Is this the point I engage? 

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Hit letter of claim follow post 2

 

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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now go back and read it again CAREFULLY.

 

and...

i'm not quite sure if you've done any reading around but you should also carefully note....

 

a DCA is NOT A BAILIFF.

and has

ZERO legal powers on ANY debt - no matter what it's type.

 

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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  • 3 months later...

I submitted a CCA request in October 2022

 

receiving a package of documents in February 2023 providing a copy of the signed credit agreement with Halifax dated 2005 along with some of the statements of the account.

 

I believe the statements provided are incomplete as they start several years after the account was opened and doesn’t include the payments made after the card service was withdrawn and once the debt was sold nor included default notifications.

  

Overdales cover letter states if I wish to dispute the matter to provide further information or any evidence which will support my dispute.

 

To kindly note they are able to accept an affordable payment offer and they require me to make contact with my intentions towards the matter otherwise they may request a CCJ.

 

Further advice would be appreciated.

 

Thanks

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Quite a std reply, same as everyone gets 

 

Can you scan up the CCA return to one mass pdf read upload carefully.

 

We don't need to see, nor you, the statements.

 

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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tiss a bit blurry to read 

please dont compress it so much

max file size is 4.8Mb.

 

think you duplicated the same 9 pages 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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I have no idea if or how I compressed it in the first place. Should I try again? 

There are two sets of documents. One starts with the personal details page followed by points 1-23.6. The other starts with personal details followed by point 1-17.6. 

Edited by Unique
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pages 11 to 18 dont have a sig page

 

page 2 is blurred and the signed date is not showing?

is that your sig?

 

it looks to me 

pages 1 & 9 are dupes?

 

 

 

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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Bundles go 1-8  then 9-18 both have the duplicated pages 1-2 & 9-10 with my signature dated 2005. No signature on behalf of bank. 

I rescan and try to get a better view of the blurred page, the font is far smaller than on the others.  

 

**edit** I can rescan and try to get a better view of the blurred page. Its not the best quality and is a small font size.       

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just that page

 

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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id say thats enforceable but ofcouse that is not all they have to supply should they be brave enough to do court...like the default notice etc etc

 

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.
I’ve not had a default notice, payments stopped in 2018. Should I advise them they didn’t provide all documents requested or go back to ignoring? In your experience are they brave enough to go to court?

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god no.

dont tip them off

as i said ignore them 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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