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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.

      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.
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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
        • Like

Lowell/Overdales letter of claim now claimform - 2019 paypal EU debt


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Great , that makes sense, I will leave is as it is .. Thanks

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for your notes...

Quote

Governing law
This user agreement and the relationship between us is governed by the laws of England and Wales. This does not affect your mandatory rights under the laws of the country in which you reside, such as your rights as a consumer.

If you bring a claim against us in court, you submit to the non-exclusive jurisdiction of the courts of England and Wales. This means that if you were able to bring a claim arising from this user agreement against us in court, for example, an acceptable court would be a court located in England or Wales, but if the law allows you to do so, you can bring the claim in the court of another country instead, such as the country in which you reside.

 

  • Like 1

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  • 2 weeks later...

When I first responded to the PAPLOC, and received that 29 page junk back it was accompanied with a letter saying that they had already responded to my request back on Feb 18th 2023,(I never received it).

I was just clearing out some paperwork today and found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold  until further notice.  Does this mean they were lying and can it be used against them if this goes any further?

I have now filed my defence, and have had an acknowledgement from Overdales and the court.

A little threatening from Overdales , explaining that part of my defence was invalid because they have now complied with the CCA, and they were still waiting for the Default notice from PayPal.

We could do with some help from you.

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STD BS from overdales.

next letter will be a copy of their N180 claiming they've filed their DQ already, when MCOL and the court havent even sent them out yet!

all part of their std intimidation and harassment tactics.

on better than avg paypal EU cases here they either let it get stayed or discontinue just before they have to waste more money and pay the hearing fee or file their WS, IF the claim gets that far...

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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Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.

We could do with some help from you.

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14 hours ago, London1971 said:

found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold  until further notice.  Does this mean they were lying and can it be used against them if this goes any further?

Include that in your witness statement along with that letter as an exhibit.

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On 05/05/2024 at 23:38, dx100uk said:

STD BS from overdales.

next letter will be a copy of their N180 claiming they've filed their DQ already, when MCOL and the court havent even sent them out yet!

 

 


 

And... Right on cue lol, arrived in the post this morning. Should I wait until I receive one from the court before doing anything?

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Or do the same as them and prepare it in advance and send them your copy :-D

You cant file with the court until you have the official notice with date,

We could do with some help from you.

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Ok so is this weird, 

These 2 letters from Overdales, one actually admitting that Paypal's original default notice was invalid, and the other is actually what they are saying is another default notice that Lowell sent me almost a year later. 

Take a look at the letters attached and tell me this isn't just a load of BS?

 

 

 

lowell letters.pdf

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1st letter .....Offering credit cleansing ?   The default shouldn't be in place on your file yet until the time has expired.

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The letter was never sent , I religiously open and check everything from any DCA, anyhow they haven't actually produced the Paypal DN, and admitted it was invalid anyway. Does that put their case in the toilet?

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Not of they have provided a valid one (its replacement) Creditors are allowed to rectify but default markers cant be placed until the time to rectify has elapsed.

 

.

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Thanks that is interesting,

So , the fact that the marker was on my CRA files  for a whole year, before they sent this 'notice'

That Overdales sent me a letter just last week telling me how they had requested the DN off Paypal, and have suddenly come up with a letter sent from Lowell last year (that I never received)

That it's not even on letterheaded paper , anyone could have typed up this DN

Is there any red meat here for me to potentially fight this case?

We could do with some help from you.

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2 minutes ago, London1971 said:

So , the fact that the marker was on my CRA files  for a whole year, before they sent this 'notice'

Thats one point...... but stick to the default issue there is obviously smoke and mirrors here which they are trying to conceal.

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On 06/05/2024 at 10:27, London1971 said:

sent me 29 pages of spew for an agreement.

scan everything up to one mass PDF please

i will suspect just like the other Paypal EU threads, PP terminated the account upon sale to lowells, so they cant issue a new DN, there was no agreement in force.

dx

  • 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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Share on other sites

I already have proof that a previous letter was never sent, (See post 28). I'm not the sort of person who doesn't open their mail, I can say without a shadow of a doubt that this letter was never received, if it had of been i'd have been on here like a shot.

We could do with some help from you.

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I expect you do ..you may of heard me say previously about making the paperwork fit the claim :-D

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  • 2 weeks later...

N180 has finally arrived from the court, 2 weeks after Overdales, sent me their copy

We could do with some help from you.

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https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

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

  • 3 weeks later...

First begging letter received from Overdales

 

;Blah blah blah, our client's are going to win this blah blah blah we supplied all your documents under CPR

 

PS you can stop all this by paying £1200 less in a lump sum

We could do with some help from you.

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yep.

i bet as with most PP EU claims, they were hoping you'd wet yourself and cough up....

i bet they discontinue this claim a couple of days before the court hearing fee is due. 

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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