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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.
      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.

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Me vs Littlewoods Catalogue


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thanks appreciated.

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,

 

I'm new to this forum and am just reading around with great interest.

 

Please could someone explain what a CCA is and what it has to do with whether or not you have to pay a debt, with say a catalogue like Littlewoods. I set up IVAs with all debtors but am wondering whether I have a CCA, as I have no recollection of signing anything!!

 

Thanks

Damsel Fish

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Hi,

 

I'm new to this forum and am just reading around with great interest.

 

Please could someone explain what a CCA is and what it has to do with whether or not you have to pay a debt, with say a catalogue like Littlewoods. I set up IVAs with all debtors but am wondering whether I have a CCA, as I have no recollection of signing anything!!

 

Thanks

Damsel Fish

 

Damsel, if you haven't done so already, start your own thread and let us know excatly what the problems are.

Just hate every DCA out there

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a CCA is a Consumer Credit Agreement

 

what you can do is send this to Littewoods

 

Shop Direct Financial Services Limited

Aintree Innovation Center

Park Lane

Netherton

Bootle

L30 1SL

30h March 2007

Dear Sir/Madam

Name: NAME OF CATALOGUE

Reference: xxxxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY AND CONSIDER THIS ACCOUNT TO BE IN DISPUTE

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Please find enclosed a £1 postal order to meet with the statutory fee, THIS FEE is not to be offset against any allged debt and must be used for the purpose stated.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

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 the letter in my previous post was never actually signed for, must assume its lost, will resend SPECIAL DELIVERY

 

for ease of reference here is the letter im sending.

 

 

 

Dear Ms xxxxx

Name: Great Universal Catalogue

Reference: xxxxxxxxx

 

 

Thank you for your letter dated xx/xx/xx, the contents of which I note. However this does not fulfil your obligations under the CCA 1974, details of which I requested xx/xx/xx.

 

The alleged debt is at present unenforceable, until you satisfy my request.

 

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

For ease of reference please find enclosed copy of aforementioned letter

 

 

Yours faithfully,

 

 

 

 

 

 

sending that in about 5 mins at the post office.

 

will update you when i get one!

 

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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hi does anyone know the answer to this?

 

if you have 2 accounts with littlewoods ie flexi + catalogue do you need to sen two £1 fees under a cca request or is it like a sar request and goes off name not amount of accounts?

 

thanks

 

would start my own thread but dont know if i am doing it yet!

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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thanks for that ajjars

 

am doing that now have already sent i to dca`s but think i will send one to littlewoods too ! just to wind them up lol

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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just to update you all, letter has been sent 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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can anyone tell me the correct address to send cca`s to for littlewoods can`t seem to find it

thanks

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Shop Direct Financial Services Limited

Aintree Innovation Center

Park Lane

Netherton

Bootle

L30 1SL

thats where i sent mine mate, but i was dealing with Great Universal Catalogue

bes tthing to do is go to the website of the catalogue your dealing with and have a look there.

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 does anyone know the answer to this?

 

if you have 2 accounts with littlewoods ie flexi + catalogue do you need to sen two £1 fees under a cca request or is it like a sar request and goes off name not amount of accounts?

 

thanks

 

would start my own thread but dont know if i am doing it yet!

 

It is £1 fpr each request

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi can you help pelase?

I,m currently paying off a flexi account taken years as charges keep amounted.

Whats the 2nd letter I send to them once I recieve all staments are received.

How do I word this?

I also have a littlewoods debt with NDR can I claim back through them?

 

Please help.

 

Kind regards

 

Also is this letter ok for 1st letter to be sent out?

 

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

 

Yours faithfully,

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what your doing is a Subject Access Request, which is different to what im doing with mine.

 

I suggest you start your own thread so people can better help.

 

I havent gone down the SAR route with the company yet.

 

im waiting to see what happens with the CCA stuff first.

 

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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guys an update

 

i got this letter today

 

 

 

Thank you for your letter. Please note that ARG Equation Limited (formerly GUS Home Shoping Limited) has changed its name to Shop Direct Financial Services.

 

I believe that we have complied with the requirements of Section 77/78 of the Consumer Credit Act 1974.

 

You are certainly indebted to this company as set out in the previous letter but it is noted that you are denying signing the regulated agreement, notwithstanding that you represented by your actions that you required credit.

 

With reluctance, we have taken a commercial decision not to persue the matter.

 

 

 

 

 

 

1 - i didnt sign ANYTHING

 

2 - Is this now closed and done with?

 

If this is case closed and ive won because they cannot substantiate the debt, i now need to write them a letter to get rid of all entries on my credit file.

 

 

First off, thoughts on this letter they sent? am i now in the clear?

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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guys an update

 

i got this letter today

 

 

 

Thank you for your letter. Please note that ARG Equation Limited (formerly GUS Home Shoping Limited) has changed its name to Shop Direct Financial Services.

 

I believe that we have complied with the requirements of Section 77/78 of the Consumer Credit Act 1974.

 

You are certainly indebted to this company as set out in the previous letter but it is noted that you are denying signing the regulated agreement, notwithstanding that you represented by your actions that you required credit.

 

With reluctance, we have taken a commercial decision not to persue the matter.

 

 

1 - i didnt sign ANYTHING

 

2 - Is this now closed and done with?

 

If this is case closed and ive won because they cannot substantiate the debt, i now need to write them a letter to get rid of all entries on my credit file.

 

 

First off, thoughts on this letter they sent? am i now in the clear?

 

It's a bit contradictory Kenny.... because they probably don't know enough about CCA law to answer you properly. However, the final sentence says it all and I would read that as definately being in the clear :-D .

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I think it is contradictory because they're wanting you to pay but know they can't force you.

 

I've had a letter today from my daughter's catalogue, Kays, following a SAR and all they sent her is an Agreement with her name on, unsigned and undated. Said how much she's paid and much she owes. Thats your lot. Finish of with "We look forward to receiving confirmation that liability for this debt is not disputed together with your proposals for payment of the outstanding balance". They've had a suitable response. My daughter was bullied into paying by GCC and they have added loads of admin. Just wait and see what they come back with now.

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Hi,It sounds over to me, but I'm no expert!I've been wondering though, I have asked Littlewoods, Next and Fashion World for copies of my signed CCA, but whenever I speak to them they say that they don't have to have a signed CCA for the debt to exist and that they are not breaking the law in chasing it without one. I feel bad trying to get out of paying debt that I incurred but it would be very helpful right now to be able to right it off. Am I able to do that if they don'd have a signed CCA? They are basically saying that most internet and catalogue companies don't have CCAs and there is wording in the Consumer Credit Act which covers this kind of transaction, so I have to pay.ThanksDamsel Fish

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Telling porkies. They do need a signed agreement which we all know they haven't got. I've got one with Littlewoods but I know there are a lot of charges on it. If they were up front and let me see what was what I would pay the balance, but if they are not to be up front then so be it. Did you send them recorded delivery and enclose a £1.00 p/o.cheque. If so, just count the days down and sit tight.

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Hi,Thanks. No I didn't send it recorded delivery. I will send them again, but now also to Legal and Trade, who Next Directory have sold the debt to. This is the company who told me a debt is a debt, because I have received goods. I also didn't say that the account was in dispute, but from what I read this is crucial. I feel bad saying that as I did receive goods but due to my financial circumstances it would be a real help if I could right off this debt, if they legally cannot enforce it, if you see what I mean!ThanksDamsel Fish

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Thanks PO

 

am going to send them this letter to remove everything from my credit file

 

what do you think

 

 

 

Thank you for your letter dated 12/04/07, I am pleased that this matter has been closed and no further actions will be undertaken.

I now request the immediate removal of all entries placed on my Credit File by yourselves.

I am willing to offer you and your clients seven days to effect the above.

Failure to do this will result in all information being passed onto Trading Standards, the OFT and the Credit Agencies themselves.

In addition I require all points and requests in this letter to be acknowledged in writing by yourselves.

 

 

 

 

 

 

thoughts?

 

should i also send experian a letter asking for the information to be removed?

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,

 

A few suggested changes....

 

I refer to your letter of 12th April 2007, the contents of which have been noted.

In order to conclude this matter, I now request the immediate removal of all default entries placed upon my credit files and your confirmation that this has been effected within the next 14 days.

Failure to action the above will result in all information being passed to Trading Standards and the Office of Fair Trading.

:)

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its not got a default on it PO, i just want ALL entries from my credit file removed as it cleans it up a bit.

 

so have simply removed the word DEFAULT

 

and will send that off today.

 

Thanks PO

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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