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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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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.
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Payplan for 13 years, decided to do something about it


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I have been looking through threads to get some idea of what i need to do,

 

i have 9 debts in total that were put into a DMP with Payplan in 2006.

I am not sure why "now" but I have decided to do something about being cashed cowed for all these years.

 

Here are details of the debts:

 

Creditor - Capital One

Currently with - Capital One

Amount Owed - £196

Type - Credit Card

Taken Out - 2000/1

Defaulted - Not sure, not showing on credit file

 

Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £1276

Type - Overdraft

Taken Out - 2001

Defaulted - Not sure, but not showing on credit file

 

Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £616

Type - Credit Card

Taken Out - 2001

Defaulted - Not sure, but not showing on credit file

 

Creditor - MBNA International

Currently with - Link Financial

Amount Owed - £2100

Type - Credit Card

Taken Out - 2000

Defaulted - Not sure, not showing on credit file

 

Creditor - Barclays

Currently with - Link Financial

Amount Owed - £595

Type - Credit Card

Taken Out - 2001/2

Defaulted - 2011, and again in 2016

(I’ve raised a query with Experian over the second default)

 

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £289

Type - Credit Card

Taken Out - 1999/2000

Defaulted - Not sure, not showing on credit file

 

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £7669

Type - Loan

Taken Out - 2005

Defaulted - Not sure, not showing on credit file

 

Creditor - Blackhorse

Currently with - NCO Europe

Amount Owed - £7249

Type - Loan

Taken Out - 2003

Defaulted - Not sure, on credit file as late payment.

 

Creditor - Southern Water

Currently with - Southern Water

Amount Owed - £527

Type - Utility

Taken Out - 2013

Defaulted – No.

 

I know that Southern Water are a different case and will make arrangements with them directly i think.

 

 

I believe my next steps are to CCA the loans/credit cards. I presume these go to whomever last told me they were dealing with that debt?

 

Should I cancel Payplan first? Or inform them of what I am doing? What is the best process for this? I have seen suggestions of simply cancelling the DMP and waiting for the deforestation through the door?

 

What do I do about the overdrafts? I don’t send them CCAs do I?

 

 

I look forward to the assistance that is provided on this forum, and thank everyone for anything they can do to assist me in dealing with all of this.

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I think you need to start off by sending them all a statutory request for a CCA agreement.

If they are unable to provide you one within – 12 days (I think) then you are entitled to stop paying until such time as they do provide you with the CCA.

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Also have you investigated the possibility that you have been paying PPI on any of these loans? If you don't have any records relating to them then you should also send an SAR to the original creditors in each case. Get a move on because the closing date for putting in a PPI claim is the end of August.

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I only had PPI with MBNA, i claimed against them and got a Plevin payment.

I realise i could chase them further but decided against it.

23 minutes ago, BankFodder said:

I think you need to start off by sending them all a statutory request for a CCA agreement.

If they are unable to provide you one within – 12 days (I think) then you are entitled to stop paying until such time as they do provide you with the CCA.

 

Do i/can i CCA an overdraft account as well?

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3 minutes ago, tutphish said:

 

Do i/can i CCA an overdraft account as well?

No

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just let the OD ones run until people start to fail the 12+2 working day CCA request deadline

99% will

its then that you simply stop Payplan

 

 

looks like you've sadly been probably cash cowed on most of these 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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Right, CCAs all produced and off to the post office for my £1 postal orders.

 

On the subject of the overdrafts, and indeed the credit cards potentially should i be looking at reclaiming charges etc? Or has it been too long with the accounts having been last used/had charges on them over 10 years ago?

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most obv have existing debts still owed

so any charges reclaiming would only be 'notional'.

i'e you havent actually been charged them as you owe money anyway

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 think if anyone were to be stupid enough to litigate or issue a PAP letter of claim now on the od debts...…..

the fact that they are very historic will come out....

and as we've seen before, charges will pay a large part, in that, by stating this as we do on our PAP reply..

they usually run away.

 

as long as the debt owners of these OD's have your correct and current address

that's all you need to do.

 

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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or not..mores important.

 

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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These payplans should come with a government health warning.

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

 

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

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  • 2 weeks later...

Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £616

Type - Credit Card

Received a reply from them saying "that my account has been put on temporary hold while we contact our client".

I guess that's one down then?

Creditor - Blackhorse

Currently with - NCO Europe

Amount Owed - £7249

Type - Loan

Received a reply from them saying that "we have submitted the request to the legal owners, Capquest" and "the account has been placed on hold".

I guess that's two down then?

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £7669

Type - Loan

Received a reply to this one as well, but not so straightforward.

They are saying that this is a current account debt and therefore the section 77 doesn't apply.

However, it would appear that either HSBC or Lowell have combined both a small overdraft debt with a much larger personnel loan debt and are now treating them as one.

How should i go about responding to this one then please?

lowell letter cca.pdf

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Write back and tell them you have never had a current account with an overdraft of that credit limit...therefore you do not acknowledge any debt with them.

 

If they wish to expand they will open themselves up and realise what HSBC have done or they have done and been rumbled.

 

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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Creditor - Capital One

Currently with - Capital One

Amount Owed - £196

Type - Credit Card

 

Received a reply to this one as well, however they say they have complied with the CCA request and have provided an agreement.

 

Could someone check whether it is correct etc for me please?

capital_one_cca_reply.pdf

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read up on               hsbc managed loan

use the custom google search after clicking our top left logo

when did you take that cap1 card out?

 

 

 

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 as far as it goes that return look ok under a recon

but absolutely useless for a DCA to take you to court on if cap1 ever sell it on

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 searched as you suggested but i dont think that this applies to me.

I know that i had a student overdraft with HSBC, and then took out a personnel loan to consolidate the debts i had at that time.

I dont ever remember being offered, or being forced into any other loans to combine them in the way that seems to have been happening in the managed loan threads.

I do have a lot of my original paperwork and when i first went to PayPlan these debts were still with HSBC, and separate as an overdraft and loan. It would appear that when it moved to Lowell it was transferred into a single account number.

do i do as suggested by Andyorch in post #17?

If so, how would i phrase that letter?

I have been looking at putting a letter together for Lowell regarding the combined HSBC Overdraft/Loan debt.

In reply to your letter dated 18th June 2019 you have stated that the account you are pursuing me for is an current account overdraft. I have never had an account with an overdraft limit of over £17000 which you are claiming, therefore I dispute this debt.

Do i need any more than that?

Should i be asking them for a copy of the overdraft agreement?

Or let them just reply to the above?

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therefore you do not acknowledge any debt with them.

 

i'd let them swallow hard when they read that and contemplate their next move.

 

also get an sar running to hsbc if not done already

I bet my bottom dollar managed loan debacle rears its head, its hsbc here and far too common a trick not to be so.

9/10 people never knew nor were informed they had done one.

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 am a bit of a hoarder where paperwork is concerned and i have actually just found a letter from HSBC dated 2006 that shows it was a Graduate Personal Loan and a Student Overdraft, with the separate amounts for each.

This was from them when i applied for an IVA in 2006 which wasn't accepted (which i now know was a blessing) and was likely the last letter before they sold the debt to Lowells.

Should i still go ahead with the SAR?

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it wont hurt no.

 

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

  • 2 weeks later...

well i haven't heard anything from any further creditors...

 

I did notice that a Capquest/Black Horse debt was still showing on my credit file, going back to 2005. I then checked my paperwork and found a Black Horse default notice dated 2010, so queried it with Experian and Equifax to have the account removed.

 

Equifax quickly replied to say it was my job to chase the creditor directly, but Experian replied that Capquest has no record of the debt ever being defaulted therefore the records were correct.

 

My worry, and it might be a bit paranoid, is that sending a copy of the default notice to them would give them more information on the debt than they currently have? Is that true or am i worrying over nothing? Also is there a letter template for getting credit files updated? Thanks

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this is why we always say deal with the owner not the CRA providers typically

 

send CQ a copy of the DN 

give them 14days to removed the account from all CRA providers else you'll be opening a serious complaint with the ICO and be seeking financial compensation 

 

time to dump PP payment me thinks too.

  • 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... 

Link to post
Share on other sites

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