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    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took pictures of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
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SLC Cannot Supply The Original Agreement


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cos they as of yet they cannot find it,

 

i have given them 2 months in all to comply to the dpa,

 

after 2 phone calls,

the latest today,

they informed me they as of yet cannot supply me with an original signed agreement,

 

i there fore said that they could not prove their was a debt,

they agreed that would be the case,

 

i then told them i would write and give them 7 final days and then reliquish all responsibility ect to the loan if they did not produce a signed agreement,

 

can i do this, and how do i word it.
thanx

TOTALLY debt free as of 2007, Fantastic,

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Firstly, under the Consumer Credit Act, if you request a signed copy of the original agreement, they must provide it within 12 WORKING DAYS by Law. If they take longer than that plus 30 days to provide it, they have committed a criminal offence.

 

So - the debt is now unenforceable already. You are being extremely generous. If they have entered a "Default" on your credit file, you now have a good case for getting it removed as there IS NO DEBT.

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Would you have to pay to see a copy of it ? And also, where can I read about this 12 day rule ?

 

also, if they cannot provide the signed agreement then they would have to pay back all of the money you have already paid them yeah ?

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i requested a copy of a loan agreement today, clocks ticking on the 12 days

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Would you have to pay to see a copy of it ? And also, where can I read about this 12 day rule ?

 

You can read about the rule in the Consumer Credit Act 1974. And the Statutory Maximum Fee for this kind of request is £1.

 

SurreyScouse you're PROMPTING ME!!! I gave SOME info at least!! :mad: LOL

 

And as regards paying it all back, you KNOW it's true.

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Would you have to pay to see a copy of it ? And also, where can I read about this 12 day rule ?

 

you need to send a £1 postal order.

 

 

12 day rule:

 

77 (1) and section 78 (1) of the Consumer Credit Act 1974

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Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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thanx for reply.. i have drafted this letter, do you think this is worded ok, its straight and to the point and gives them no more time to supply the document

 

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

Dear Sir/Madam

REFERENCE NUMBER: xxxxxxxxxxxxxxxxxxx

 

I write to you regarding the telephone conversation with your department today, I have been informed by your department that the original signed agreement is missing.

I have give you time enough to supply the original signed agreement and you now have exceeded the 40 days you are allowed and by not supplying the document are committing a criminal act.

I therefore now relinquish any debts you claim I have with your company, I also request you with draw any defaults/adverse credit you have lodged against me

I give you seven days from the date of this letter to comply, otherwise I will be forced to take legal action

No other correspondence will be entered in to.

 

Yours faithfully,

TOTALLY debt free as of 2007, Fantastic,

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I'm confused - was it a subject access request under the DPA or a request for the credit agreement etc under the CCA?

 

If it was SAR, then what has been said in relation to offences doesn't fit - they have failed to comply with a SAR which means you can go to court to force them to comply.

 

If the request was made under the CCA then they have committed an offence after one calendar month, not 40 days. see this thread for more info. I would read up and work out which it is before you send the letter, because as it stands the info in it is inaccurate, I think.

 

hope this helps!

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If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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i origionally sent a dpa request, they sent statements but no loan agreement, they say they cannot find it, so i am now wondering where i stand with relation to the loan, if they dont have a signed agreement, where does that leave me

TOTALLY debt free as of 2007, Fantastic,

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technically it leaves you with an unenforceable debt. I'm not sure, however, if you need to have made the CCA request to make this so - I know the end result is the same - ie they can't find the agreement, but not sure if there's some technicality that says you have to made [this] reques and not [that] one - you know how the law can be.

 

There are people on here though with more knowledge of this than me, and with a bit of luck, one of them will sashay over here shortly ;)

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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It is important that you follow the procedure set out in the Consumer Credit Act and make a statutory request under sections 77(1) and 78(1). A draft letter is shown elsewhere on the forum - and as stated, you need to send the £1 fee.

 

It is only when they have defaulted under this that the debt becomes unenforceable after 12 working days (you can legally suspend payments at this point until they provide the agreement) - and after one month they have committed an offence.

 

Should they then seek to enforce the debt they will have to explain to the court why they defaulted, and seek permission to continue - and you can also report them to Trading Standards and the FSA.

 

However, remember that all this only applies after sending the letter under the terms of the Consumer Credit Act 1974.

 

 

 

 

 

 

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they have just written back saying they still cannot find it,

they havent got one so

 

how do i go about dumping the debt,

i have sent a letter to them last friday stating that if its not received within the next 7 days i will start proceedings,

but what proceedings am i to persue,

i am lost from here,

what court forms do i need.

TOTALLY debt free as of 2007, Fantastic,

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Don't lose sight of what you want to achieve.

 

Unfortunately you have not given any detail in this thread as to what exactly you are challenging, and why you sent the requests in the first place.

 

If you believe the debt contained an element of unlawful charges, but they have been unable to provide information - and have now defaulted on the Consumer Credit Act request, then you have achieved your goal. The debt is unenforceable - and they have admitted that themselves. Job done!

 

If the issues are wider, then you need to give more information.

 

 

 

 

 

 

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So presumably then, if the debt is unenforceable, you cannot go after unfair charges otherwise you would be admitting that you do actually own the debt, regardless of whether they can find the paperwork or not? Or am I so completely wrong?!! :D

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Don't lose sight of what you want to achieve.

 

Unfortunately you have not given any detail in this thread as to what exactly you are challenging, and why you sent the requests in the first place.

 

If you believe the debt contained an element of unlawful charges, but they have been unable to provide information - and have now defaulted on the Consumer Credit Act request, then you have achieved your goal. The debt is unenforceable - and they have admitted that themselves. Job done!

 

If the issues are wider, then you need to give more information.

 

yes i was origionally after unfair charges to be refunded, the agreement was origionally reqested with the dpa request, but what i dont understand is how to get them to ackknowlege that the debt is now unenforceable with out some form of court order. what do i do if they contest the unenforcable debt

TOTALLY debt free as of 2007, Fantastic,

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So presumably then, if the debt is unenforceable, you cannot go after unfair charges otherwise you would be admitting that you do actually own the debt, regardless of whether they can find the paperwork or not? Or am I so completely wrong?!! :D

 

That would be a fair assessment.

 

 

 

 

 

 

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yes i was origionally after unfair charges to be refunded, the agreement was origionally reqested with the dpa request, but what i dont understand is how to get them to ackknowlege that the debt is now unenforceable with out some form of court order. what do i do if they contest the unenforcable debt

 

The problem lies in that fact that your initial contact was by telephone. What has actually been put in writing?

 

Have they actually written to you saying they cannot provide a copy of the agreement?

 

Have you got proof that you sent a request under the Consumer Credit Act? The letter you have shown above mentions 40-days, this looks more like a Data Protection Act request. If your request was not sent under the terms of the CCA then the terms of that Act do not apply, and the debt is still active.

 

Your posts are not giving a great deal of information or clarity. Without knowing exactly what you have requested, and some background information of the case, it is impossible to give a definitive answer.

 

 

 

 

 

 

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i sent this last week which i revised and didnt send the the other example

 

DPA OFFICER

CitiFinancial Europe PLC

6 Admiral Way

Doxford International business park

Sunderland

Sr3 3xw

 

16/06/2006

 

LETTER BEFORE ACTION

 

Dear Sir/Madam

 

REFERENCE NUMBER: xxxxxxxxxxxxxxxxxxx

 

We write to you regarding the telephone conversation with your department today, we have been informed by your department that the original signed agreement “which was requested as part of our original DPA request on 19/04/06 ” is missing!

We have given you time enough to supply the original signed agreement and you now have exceeded the 30 days you are allowed and by not supplying the document you are committing a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974

You are reminded that you were obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

We give you seven days from the date of this letter to comply, otherwise we will be forced to take legal action

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that we consider this matter to be “in dispute”.

The time for compliance with our request has now expired. If you do not comply fully with my Subject Access Request within 7 days of this letter, We shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

No other correspondence will be entered in to.

 

 

Yours faithfully,

 

i tried to find a template for the s.t.a. request and could not find one so i adapted this out of various others and a bit of research and help from you, is this ok.

TOTALLY debt free as of 2007, Fantastic,

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The difficulty is that legally you have not made a request under the Consumer Credit Act sections 77(1) and 78(1) - you made a DPA request.

 

Whilst this may seem pedantic, I am looking at it from a legal point of view. Until you make a request in exactly the way the CCA sets out, with the £1 statutory fee, you cannot claim that the debt is unenforceable.

 

Hopefully, they will not spot this, but be prepared that they may argue the point, and you may need to tie this up later.

 

 

 

 

 

 

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is there a template for this, as i cannot find one, as i also want to try this with another company. i am also 100% sure citifinance have not got an agreement, so i can sent this thru the proper channels.

TOTALLY debt free as of 2007, Fantastic,

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i have looked at the letter on the general section and is quite similar to mine as you know,

 

would you recommend i send the other letter or leave it,

 

i am tempted to leave it as its nearly the same.

i will use that one for the other company

TOTALLY debt free as of 2007, Fantastic,

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The critical thing is that the letter states that; you are requesting a true copy of the agreement under the terms of the secs. 77(1) and 78(1) of the CCA 1974 - and you enclose the statutory fee.

 

By doing this, your request is then legally binding - and if they default, you can take advantage of the remedies available under the Act.

 

 

 

 

 

 

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