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    • Incidentally, don't imagine that your reasoning above will make an iota of difference to Evri. In fact they are probably not even capable of understanding it. However, you must understand the reasoning. This is essential because you will be bringing your case. It is highly likely that it will go to trial and you will have to have sufficient control over the law and the logic to be able to put it to the judge in a persuasive manner and also to answer the judge's questions in a competent fashion. You will have to issue a legal action so once you have sent the letter, start preparing your particulars of claim. Let's do one thing at a time.
    • Firstly, please will you note that when you post solid blocks of text, it makes it very difficult for people to read – especially on a small screen such as a telephone. The first post you made has already been restructured with paragraph spacing by the site team. Everything we do is free – and would be pleased not to have to do this kind of thing again. I'm restructuring your most recent post is well. I've looked at the four-page document you have posted above. I only want to deal with the letter of claim so far. We know that laptops are on the non-compensation list – and as you have referred to that, you may as well then go on to make your legal points and explain why the non-compensation list is irrelevant. Of course Evri are monitoring the thread so they will know about it anyway. But the whole point is that not only would the insurance requirement – had it been available – have been contrary to section 57 and that it would have been an attempt to exclude or limit liability, also trying to include a huge list of items for which they say they will not compensate you if the fail in their duty to exercise reasonable skill and care is also a breach of section 57. Particularly, as you declared that it was a laptop. They then effectively alerted you that it was on the non-compensation list. This was the equivalent of alerting you that you should be careful because even if the breach the delivery contract and failed to exercise reasonable skill and care, because it is a laptop, they will exclude liability and even though that is contrary to section 57 of the Consumer Rights Act and therefore unenforceable. So in effect they are committing two breaches of contract. First of all they have failed to exercise reasonable skill and care – breach number one. They then have attempted to exclude liability for their breach number one – and that then becomes breach number two. In fact the bar is raised even more because they have the option to refuse to take the laptop because you declared it. They still were prepared to carry it. Not only that, if they consider that there is some additional risk in carrying a laptop then being alerted they should have taken extra reasonable skill and care. In other words, being aware of what they were carrying impose on them a greater duty of skill and care than they would be required to exercise, say, delivering a hairbrush. And then to top it all, – in case we need extra help – not only is their non-compensation list and their agreement to carry your laptop without any liability a breach of section 57, the use of a non-compensation list where they knowingly accept to carry those items and yet disclaim liability for their own failings is an unfair term contrary to the unfair terms provisions of the 2015 Act. Therefore I suggest   have a look at what I have suggested above. Ask questions. Make sure that you agree with everything. Everything is true and correct. Let us know if you think that there should be anything else or if anything should be left out
    • What the locals are reporting ... Ashfield Independents overtake Reform in Tory Wipe-out Telegraph poll A Savanta poll predicts a Labour win in Ashfield, and puts the Ashfield Independents in second place ahead of Reform’s incumbent Lee Anderson   General Election 2024 Archives - Ashfield Neighbour News ASHFIELD.NEIGHBOUR.NEWS    
    • Of course it is your decision whether or not to go down the "legal route" – but actually seeking advice from us is precisely what you would be doing except that you would be getting it for free. It's up to you if you want to find a solicitor who will ask you exactly the same questions as us except you will be paying £300 an hour or if you want to follow our advice free of charge. You do need to settle down and answer the questions that we put to you. If you get a solicitor you will be asked exactly the same questions but I suppose that because you are paying £300 an hour you will be happy to answer them or even volunteer the information in order to save time and therefore money. I suggest that you give us the information we are asking for and anything else that you think might be relevant. This way hopefully we can cut to the chase without wasting time. Do understand that by coming to us you haven't simply chanced upon a piece of social media here. This is not Facebook. We are very serious about what we are doing and we are taking you very seriously. We take everybody who comes to us very seriously.  
    • did you place any bets @unclebulgaria67? You said June when all logic and sense pointed to Oct - unless the poops knew thy would be miring themselves dramatically further in their own effluent - or someone with the finger on the trigger just wanted to naff off back to California and just couldnt wait? Have you been placed in suspenders on leave pending a greywash unc?   The ones who aren't going straight onto fossil fuel advisory companies (funded by fossil fuel companies) or other private companies who have done very well out of our pain  are getting desperate to fill up their coffers aren't they     Quote of the day The Electoral Calculus tool that creates user-defined polls can project seats based on any numbers provided, from plausible scenarios based on current polling data to more unlikely outcomes. - Just ask 30p Lee and Farage   'Anderson is using a "user-defined" poll here, which allows any user, in this case himself, to create a prediction model with their own data and assumptions. It is not reflective of any of the major polling including Electoral Calculus, the site hosting this user-defined poll.'    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Defaults and when they should have been applied


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After a somewhat chaotic couple of years of drowning in debt I'm in a good job, sticking to a monthly budget and would love to buy a house in the next year. The issue however is my credit file and old debt.

 

Back in 2016/17 I experienced a period of ill health which saw me lose my job and fall behind with credit card and catalogue debts. I set up temporary arrangements with the majority of the creditors to pay £1 a month as this was all I could afford and I struggled to deal with communication with any of them. Most of the creditors defaulted me in Sept-Nov 2017 and sold the debts to debt collection agencies but there are 3 exceptions:

 

1. Newday Aqua Card

- they kept the debt for 2years with me paying £1 a month and then suddenly closed my account and sold it to Link financial who entered a default in August 2019.

I have only ever made £1 payments to Link financial and they have never pursued more. I'm thinking of submitting an irresponsible lending claim to Aqua as they increased my credit limit numerous times even though i was paying minimum payments and taking out payday loans - is this something I can do?

 

2. Vanquis Card - was paying £1 a month and then they suddenly closed and sold my account to arrow global who then defaulted me  May 2021 . Since the debt has gone to Arrow I have made no payments, they send statements every couple of months but that is it. This is the default that is hurting me the most. The balance is £2,700 should i offer a full and final settlement or challenge the default??

 

3. Creation Finance  Credit Card - No default entered and still with original creditor they just keep marking credit file as 5 months overdue - I pay them £5 a month with a balance of £500 - i'm thinking of offering a Full and final settlement to them.

 

For the defaults entered in 2017 will they fall off my credit file this year even if there is a balance with the debt collection company?

 

Any advice would be great and I'd be so thankful

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aqua the OC defaulted you not the DCA.

same with vanquis.

 

debt collectors cant default you no matter what they might claim as the CCA agreement is terminated by the OC upon sale.

 

then regardless to whatever you do

each debt will be removed from your file as that date meets it's 6th B'day, never to return.

doesn't mean the debt is statue barred mind,

.that is if your original creditor did issued you with a default notice under sec 87/8 of the consumer credit act.

 

SB date ...thats down to if you paid or used the 'credit' after that date, or YOU wrote and SIGNED a letter to the debt owner stating i owe you this debt.

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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on your credit file in the debt summary it will state 

defaulted date=  xxxxx

thats when the OC registered the default having already sent you a DN.

 

a debt buyers name replaces that of the OC on your file when they buy the debt. following their Notice Of Assignment.

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

About your May 2021 Vanquis Default, with a view to you buying a house next year.

 

1. It will be 3 years old by then, and have a low impact on your mortgage eligibility

2. Paying this default off won't make any difference to that eligibility , it will simply be a waste of £2700

 

Don't pay them anything, but as with all debts if you have moved since taking it out then inform them in writing of your current address, that's just to be aware of any claimfom they might send you, and avoid a back door CCJ that would ruin your chances of a mortgage for at least a year.

We could do with some help from you.

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3 hours ago, Emmaphill1 said:

I have only ever made £1 payments to Link financial and they have never pursued more. I'm thinking of submitting an irresponsible lending claim to Aqua as they increased my credit limit numerous times even though i was paying minimum payments and taking out payday loans - is this something I can do?

 

no harm in trying though i would SAR Aqua (newday?) 1st and get the comms log too.

though unless you had numerous defaults already they'll probably be no case to answer for each limit increase . same goes for the PDL's they are your real target here on IRL, but most are now well dead and buried.

 

3 hours ago, Emmaphill1 said:

2. Vanquis Card - was paying £1 a month and then they suddenly closed and sold my account to arrow global who then defaulted me  May 2021 . Since the debt has gone to Arrow I have made no payments, they send statements every couple of months but that is it. This is the default that is hurting me the most. The balance is £2,700 should i offer a full and final settlement or challenge the default??

not sure what you think you can achieve by challenging a default mind. the quicker a debt is defaulted the quicker it's removed from your file regardless to paying or not.

 

3 hours ago, Emmaphill1 said:

3. Creation Finance  Credit Card - No default entered and still with original creditor they just keep marking credit file as 5 months overdue - I pay them £5 a month with a balance of £500 - i'm thinking of offering a Full and final settlement to them.

 

well thats a true reflection, its a counter, you were late paying or didnt pay or didnt pay the required amount 5 times. not really hurting you at all.

 

paying off any debt by F&F or WHY does not improve your score any. 

 

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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