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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Is My Agreement Enforceable - Useful


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Hi,

 

I have been reading this thread an one of the prerequisites for a credit card cca to be enforceable is the credit limit. But there is no credit limit on mine. Arrow have sent me a copy of my statement which shows the limit but not the cca.

 

Please see attached PDF - 2nd page. (sorry for the quality, the quality of the copy they sent is poor)

 

What do I do now?

 

Cheers

PJ

all.pdf

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Hi,

 

I have been reading this thread an one of the prerequisites for a credit card cca to be enforceable is the credit limit. But there is no credit limit on mine. Arrow have sent me a copy of my statement which shows the limit but not the cca.

 

Please see attached PDF - 2nd page. (sorry for the quality, the quality of the copy they sent is poor)

 

What do I do now?

 

Cheers

PJ

 

Hmm the recognised credit limit prescribed term can be described as "we will determine the credit limit and advise blah blah blah" so they may have already done it in Section 1 of the key financial information on page 1.

 

S.

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para 1a states your limit HOWEVER if you cant read the document that they have sent you because it is not legible (except under a very good magnifying glass) it then does not fulfil their obligation to supply you with a copy of your original agreement

 

they are therefore in default

 

i would write and tell them they have failed to comply with your request and that the account is in default.

 

it is for them to try and find a legible copy or remain in default

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Hello, can someone please have a look at the application form that halifax have provided, post 25 and the letter they have sent me post 26.

 

I need some help in sending a letter back to them, i really appreciate any help anyone can give.

 

Thankyou xx:)

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/183043-halifax-12-credit-card.html

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Hi livis

 

The agreement has your signature on the first page and the prescribed terms on the second. It is enforceable if the 2 pages constitute a single document.

 

 

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Hi Steven, thanks for your advice.

Do you think i should send a letter back saying that they need to provide proof that the 2 pages are on the same page?

As what they've sent looks like its been fudged together.

Is it right that if the lenders signature is missing, the agreement has not been executed properly?

Livis xx

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Yes, if the lender has not signed it, it is not properly executed. It may still be enforceable, though, as the requirements for enforceability are a lot less.

 

It is really difficult to tell if the two pages are part of the same document. I suspect that a court would find that they are (at least on the balance of probabilities) and whould therefore enforce the agreement.

Edited by steven4064

 

 

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hi, new to this site, but i recently sent off to Northern Rock for a copy of my credit agreement and they didnt respond within the 12+2 days. I sent them the default letter from this site and they have 'miraculously'discovered my original letter and replied now! are they in default as they replied after the 12+2 days?

Can some one please advise me, thanks,

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Have they sent you your agreement or just sent a holding response?

 

If they've sent the agreement, they have fulfilled their obligation & if it is enforceable, your obligation to pay.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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hi,

they have sent the agreement, but i thought they had to reply within the 12+ 2 working days and it is outside of that

 

The account is in default once the prescribed period has lapsed and no agreement has been received.

 

As soon as the situation is remedied, the creditor is no longer in default.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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hi,

they have sent the agreement, but i thought they had to reply within the 12+ 2 working days and it is outside of that

 

Nope the 12+2 working days is to put the account in dispute but so long as they eventually send it they can continue to collect/chase money. Have you posted it up to check its enforceable?

 

S.

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Use photobucket:

Image hosting, free photo sharing & video sharing at Photobucket

 

but remove all your personal details first ;)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Originally Posted by yogababe viewpost.gif

 

ok, well i just found it very funny that they only issued this when i sent the second default letter!!

 

How do i post it up to be checked then?

 

sorry,this is all new to me

 

thanks

 

 

 

Use photobucket:

Image hosting, free photo sharing & video sharing at Photobucket

 

but remove all your personal details first ;)

 

Could you please also start your own thread. That way you will receive advice tailored to your specific situation. :D

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ok, think i have done it

the interesting thing, is the front page is a black and white copy of my signed agreement, the 2nd page is a colour copy of the T & C, on different paper in a different format!

 

does this help my case?

thanks

Picture.jpg

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yogababe, citizen B is quite right - start a new thread for this, perhaps in the 'other institutions' forum (Other Institutions - The Consumer Forums). That way you're not hijacking this thread & you'll get more dedicated help.

 

BTW the image is too small to see properly - use the IMG link :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi

 

I'd appreciate some further opinion on the enforceability of the CCA from Amex and Egg on these 2 threads. The shadow suggested i link from here to get further comment. Many thanks.

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200454-amex-cca-received-enforceable.html#post2181074

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200460-egg-money-cca-received.html

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