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    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • If you want to cause DCBL trouble, then complain to the SRA.  It would be even more fun if mystic_bertie would complain at the same time, to show the SRA there is a pattern.
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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
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Kick the DCA's where it hurts lol


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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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  • 4 weeks later...
  • 3 weeks later...
  • 3 weeks later...
  • 3 weeks later...

Both signed :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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both signed :)

Bank of Scotland account 1 - £2,666 WON

Bank of Scotland account 2 - £2,500 on hold

GE Capital charges -£30 won (hey, every little helps!)

Barclays Partner Finance £425 charges - £225 offer accepted.

 

Finally debt free after 4.5 years, thanks to my Debt Management Plan through Payplan. There is no better feeling :D

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Please note.

 

My post above, now deleted, was in response to one which had been posted by donkey kong who posted multiple posts against CAG. He basically posted that he thought debt collection agencies had every right to do what they do. The above post was in defence of all people affected by debt. Livelad has merged his posts which can now be viewed on the following link-

 

http://www.consumeractiongroup.co.uk/forum/general/111413-c-g-ruins-banking.html

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  • 2 weeks later...
  • 2 months later...

One signed, but other closed. Any plans to give the newbies a chance to join in?

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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  • 2 months later...

There are currently over 5,000 different threads within the Debt Collection Industry Forum.

 

I feel that it would be more beneficial if there was a sub forum for each DCA. This would make it easier to advice people and prevent crossed wires. DCA's do things in different ways.

 

Given the current financial outlook, DEBT will become increasing important to more and more people.

 

If you think you would benefit from having a sub forum for each DCA (as there used to be for CABOT) please just post the word yes.

 

You help and support is greatly appreciated.

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Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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The idea would be totally unworkable.

There are hundreds, if not thousands of Debt Collection Agencies, with new ones appearing every other day.

Jack and his brother, working from home, etc. Virtually anyone can go out and collect debts.

Users have enough difficulty navigating the site as it is without adding a limitless number of sub-forums, which might only get used by one user.

That user will get mighty lonely with nobody else using his forum...... advice would be a bit thin on the ground.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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But Rooster - the Cabot sub -forum was actually a more recent addition to the DCA forum because of the "popularity" of this particular company and the higher volume of posters that were emerging with issues related to Cabot.

 

This particular forum was very popular and helpful to readers - this was the reason for CAG setting aside a special sub forum to deal with this companies issues.

 

It just seems a step backwards to have undone that sub forum.

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I have only been here for a day now, and I have read as many threads as possible, and all threads have different useful information, although there are good reasons to create a sub forum I think it would be more beneficial, because of the varied amount of info and advice given here to keep just one forum.

 

I have learnt alot by just trawling through each post (I am talking about the newer posts) and gathering information relevant to me from each, I think that ability would be lost if there were many sub forums, I just wouldnt be bothered to look at all of them and maybe would miss some vital info.

 

Ultimately the search option should always be used first, I used it when looking for advice about my situation and nearly all relevant info was in the posts that came up in the search.

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I've only had experience of 2 DCAs. There has been advice received common to both, but they each had different behaviour and challenges

 

If someone is swapped from one DCA to another, they could post in a new thread with a link to the old one.

 

Or maybe we need thread tools like "rename thread" and "move to a different sub-forum" that only the thread owner could use.

 

These operations are obviously available to those with the power ....;)

 

Grumpy

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Whilst I would agree that there are far too many DCAs to have a separate sub-forum for each, would it not be possible to have sub-forums for the ones that appear very regularly/are particularly difficult to deal with? Cabot is certainly an example that springs to mind, also Lowells.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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