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    • Hamster Bedding. Ignore.
    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
    • Just received this letter from Lowell.  IMG_1032.pdf
    • I don't think you are misunderstanding. It seems something may have gone missing. HB
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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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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In need of major help, what do i do next?


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Go to debt collectors and debt collection agencies page. At the bottom of the page select the tab that says "new thread".

 

PLEASE BE CAREFUL.

Assuming you haven't had a CCJ with the account, you're almost certainly at the statute bar stage. If you make contact with them, the 6 year time limit starts again!

UNLESS YOU MAKE SURE YOU WRITE "I DENY THIS ALLEGED DEBT".

or something similar. The point is that denial of a debt does not restart the clock. Make sure every letter includes the same wording.

 

If I were you I'd try and find out when the last payment or reply to them was made but DON'T contact them directly!

 

I'm sure others more experienced than me will offer advice.

Don't be panicked into replying. Remember, Statute Bar (limitations act 1980) is a beautiful place to be. They can then go and take a hike and if they continue to contact you, it may be harassment. Remember if the account is statute barred, they have no legal rights, they are not allowed to pursue any form of legal redress. They're stuffed.

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PM me your link when youve started a new thread will ya?

 

please dont hijack this anymore, while i dont mind helping people i do mind getting confused!

 

ill PM a mod later and get them to move the messages

 

thanks

 

Kenny

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Major update on this.

 

 

EOS have written back to me to thank me for my letter, and considering the contents and VERY DETAILED letter i sent they have decided to pass all files back to Blair Oliver and Scott and confirm no further action shall be taken by them.

 

 

 

So its back to BOS - wonder if the calls will start again :-D

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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lol talk about swings and roundabouts!

well hopefully this will be the end.............

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Hi Kenny. Let's hope you can bring this to a close some time soon. You must be exhausted trying to keep up with it all.

 

Keep soldiering on and good luck ;-)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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thanks guys, have let Trading Standards know and sent them a copy of the letter, its now up to BOS (Blair Oliver and Scott), Trading Standards are writing to HBOS (Halifax Bank of Scotland) to ask why their letters have not been answered.

 

so as usual watch this space.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Update

 

Hi MR KRP

 

I have received a response from the company in your complaint.

 

In order for them to assist me in my enquiries regarding your personal circumstances, they require me to send written and signed authorisation from you that I am able to act on your behalf.

 

I would therefore be obliged if you could print off and complete the

attached mandate.

 

Kind Regards

 

 

 

 

 

 

 

 

 

so i have done this and personally handed it into her.

 

 

so who thinks they actually have documents?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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  • 2 weeks later...

Update

 

Have since gotten a letter from HBOS stating they are looking into my complaint and i should recieve a reply shortly, along with my signed CCA.

 

 

mmmmmmmm interesting.

 

Thoughts?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Hi Kenny, the saga continues eh?

It sounds like HBOS got a little telling off from TS about their non-actions regarding your contact, so have had to contact you.

What is the update from TS? Or once you have complained do they take control of the complaint and let you know the outcome, or the progress as well?

Surely the CCA will be well overdue by the time HBOS get around to sending it to you!

Red x

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yes the CCA would be well overdue, but can still make it enforceable, through a court of law, which is where i will take them if they produce it as its been since December last year!

 

Red check out my "me vs littlewoods" thread, you wont believe whats going on over there.

 

and how are you anyway hun?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Hi Kenny will hop over to your other thread and catch up. You sound strong, which is invaluable when dealing with these companies!

I am ok, taking the rough with the smooth!

Could be an interesting case this one Kenny, if/when HBOS reply!

Red

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Trading Standards Rep back from Annual Leave today, apparently HBOS have not got back to her yet.

 

Nothing new there then.

 

The longer it takes, the better for me to be honest.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Kenny,

I don't think that HBOS should be delaying their response to TS! At least you know that you have dealt with it all and will now see it through until the end. As you say, better for you in the long run, let HBOS get into trouble on their own!

Red

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  • 3 weeks later...

ok seems like im stung.

 

 

after all this time (since december 06)

 

the AA finance company have provided Trading Standards with a copy of my original CCA

 

here is the email i got.

 

 

 

I am writing to update you on the situation regarding your complaint. I have now received a copy of your original credit agreement from AA personal finance. The credit agreement that was sent to me has two signatures on it- KPR and KPRS Mum. It is dated 10.03.04. I would be obliged if you could let me know if you will uplift it from our office or if you would prefer that I post it to you.

 

I have some concerns as to the way that the company have dealt with your complaint and I plan to write a final letter to them and notify their home authority Trading Standards Department of the problems that you experienced.

 

 

 

 

 

 

 

 

 

 

so where do i go from here?

 

i still have concerns that they have the loan down as a joint loan with me and my spouse! but its really my mum.

 

when i get the copy ill scan if for you ALL to see to let me know my next step or if i have to resume payments.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Oh my goodness KPR! What a twist.

I do not know what to suggest on this one, we all know about the deadlines for providing the CCA request, and this one is well overdue. I will be interested to see what the experts think, as I am sure that more CCA requests may start popping up when TS get involved.

I will keep an eye out for you, and hope that someone has a more helpful response than me LOL

Hugs

Red

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but i remember signing it and remember all the terms on it.

 

ill just have to see but i think this will be legit.

 

will update you when it comes through the post.

 

its over 5k owed that would be better if it was never there :-(

 

one other question, say in 6 years the default drops off, can they put another default on if the debt is paid off????

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Think I read on another thread that they can only place an account in default once, they can't renew it?

Good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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UPDATE

 

Popping into the TS office today to pick up the copy of the alleged agreement. (picking it up in half an hour)

 

once i have it ill scan it up for you (probably between 1 and 2pm)

all to have a look, no doubt ill PM many of you for your opinions!

 

Got a statement of account from them as well,

 

they put a £25 charge on there.

 

is that worth pursuing! lol

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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ok advice needed

 

this is according to Trading Standards all that the AA sent, i cant get the picture up right now as it scans in adobe and my works computer wont put it in paint to be transferred to a bitmap etc.

 

now it is an agreement, but it is only 1 page, and at the bottom states "turn overleaf for terms and conditions" yet the back page is blank, therefore im guessing they havent complied?

 

so i dont feel that they have yet fully complied with my CCA, Trading Standards are saying they feel they have, they clearly havent so i am looking for wording to give Trading Standards so they can use if for the AA.

 

Advice needed!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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i basically asked TS to write to them and inform them they have not fully complied with CCA and that i want ALL documents regarding the agreement etc.

 

will see what TS say in their email back to me!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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