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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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      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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Metropolitan Collection Services Ltd


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hehe great stuff. Remember that if they keep ringing you after they have got the letter remind tham that their continuing to do so might constitute harrassment and that you shall be logging the date and frequency of their calls to support your imminent complaint to that effect.

 

Right before you hang up on them you might also want to politly inform that that as they have failed to provide the credit agreement within the 12 day period prescribed the debt they are referring to is only an alleged debt and as such is, until a copy of that agreement be produced, unenforcable.

 

Then hang up :)

************************

 

DCA Theats: Jystmystry V's Wescot - I Win (link)

Default Removal: Jystmystry V's NatWest - In Progress (link)

General Debt - Jysmystry v's Optical Express (link)

 

You can run but you'll just die tired

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Acy6er, tomorrow is the 12th working day ? Is that including any allowance for delivery (normally 2 working days)? Whenever the day is though, I wish all the best for you, and hope that no news is good news! :)

Red

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My hubby was dealing with MCS until Pay Plan took over

 

When he informed them he was now going into a managed payment plan, they then tried to say he couldn't! He went into the plan which meant they were getting £72 a month rather than £320, they offered a settlement of £10k on a £19k loan with £13k outstanding, hubby offered £1900 but they rejected saying they could go to £7K but no less.

 

Good luck with them.

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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When they phone me up, since they only ever identify themselves as "MCS", I just tell them that if they won't identify themselves properly, I'm not going to deal with them. I typically end with the line "After all, it's not like I owe you money or anything like that, is it?" :)

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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They always used to call hubby really late, like 9pm and if I answered they'd tell me they needed to speak to hubby, when I asked who it was they'd either say

 

'It's a highly important buisness account call from MCS, regarding his buisness' to which I'd reply:

 

OK, is it about THE business?

YES

Well I'm the owner of THE business, so you can talk to me if it is about business can't you, as obviously I am named on THE business account you can speak to me?

Er, No

So you're not calling about THE business account then?

No

My husband will not take calls from an unauthorised and unknown to him company, so you need to correspond in writing to him please.

We can't do that

Why can't you write?!

No...

MCS would ALWAYS hang up then!

 

or

 

A very naughty one

 

Hello, this is MCS, I am urgently looking for Mr Tooth Fairy, regarding a very sensitive matter.

Is it about his vasectomy?

 

They almost choked and always hung up!

 

Needless to say I am sure they thought they were ringing a weirdo and soon stopped calling!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Tooth fairy and meagain, your threads are hilarious,:D

I like having a laugh at a DCA's expense, and tooth fairy, I am going to use your vasectomy line as it is a classic! Oh the fun! How naughty but very very very funny.

:) Red

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Yes but it took about 20 phone calls for me to come up with that and hubby was sooo angry at me at first, then he saw the funny side!

Try it by all means....the reaction is hilarious!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Yes, he is with Pay Plan and I am with CCCS, I have 2 big debts that are nearly gone now, hopefully with the reclaimation of charges from Natwest, all hubby's debts were with HSBC and thus MCS, hence 3 lots of calls.

 

However, we are lucky that were paying £1900 a month to our debts before and really struggling as we were both made redundant at similar times, after living off savings for a while, these dwindled and we very nearly lost our home, even when we both found new empolyment, we were paying out more than we were earning, and with debts moutning we decided to go down the DMP route, Pay Plan couldn't help me as I only had £54 per month left over but CCCS could help by jiggling some figures and I now pay £104 per month and hubby pays £290 after opting to go self employed and he now earns a fair wage and he hopes he can offer settlements early next year on 2 of the 3 debts.

 

Thanks for asking though... I hope it may also give a glimmer of hope to anyone in the same position.

 

TF x

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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OK, I have calculated the working days out lots of times, and I am sure tomorrow (Friday) is day 12.

 

What do I day after day 12?

 

I have posted the anti-telephoning letter.

 

Liz

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I find it absolutely incredible that anyone representing a creditor and advising on matters of law, is NOT fully conversant with the CCA 1974. I include both the creditor's in-house legal team, and any solicitor advising said creditor.

 

This begs several questions then, not least of which is, are we really expected to believe that this is an act of incompetence to make the statements as witnessed by Richard? And if it is not down to ignorance of an Act, which with all due respect should be bread and butter to these people, what other explanation could there be? Might I go so far as to suggest that any company who replies to a debtor that the Act specifically excludes the requirement to comply with the Act, is guilty of attempted fraud?

 

I would welcome any other interpretation, as it is quite possible I am being somewhat naive.

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Might I go so far as to suggest that any company who replies to a debtor that the Act specifically excludes the requirement to comply with the Act, is guilty of attempted fraud?

 

 

I agree that the most likely explanation is simply ignorance or incompetence. However, as none of them seem prepared to put into writing what they've said on the telephone, I suspect that on some occasions they certainly attempt to deliberately mislead if not defraud.

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Sorry Liz, I almost forgot this thread since I hadn't subscribed.

 

Yes, if they are in default, and as the debt is in dispute, you certainly may cease payment. Write to them telling them that this is what you aee doing, along with the reasons for doing so. And it might be useful if you add in that, of course you will be more than willing to recommence a payment regime, as and when they can prove to your satisfaction the validity and true amount of any debt that may in fact be owed.

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Have thought of something else!

 

Despite the letter being sent to them 3 weeks ago this Monday, on the Royal Mail website it still keeps saying to "check again later" to see if its been delivered :-(

 

Is there a template to use for this sort of letter?

 

Thanks.

Liz

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Have thought of something else!

 

Despite the letter being sent to them 3 weeks ago this Monday, on the Royal Mail website it still keeps saying to "check again later" to see if its been delivered :-(

 

Is there a template to use for this sort of letter?

 

Thanks.

Liz

 

Liz

 

This is not unique. I have had a few instances like this with Fredrickson (twice), Logic Plc and Shop Direct. After complaining to the Royal Mail, I have so far, received two books of first class stamps as a "sorry, we can't find your recorded delivery letters". It's not them, it's the posties not doing their job properly!!

 

Ian

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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