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    • This is the first item that I've ever claimed for - I don't really send too many parcels, probably 5 in the last 5 years, and only two with P2G / EVRi. I've attached two emails from P2G regarding their requiring the documents. They don't specify in the emails what documents I should be sending, although when opening the claim they were requesting that I needed photographic proof of sending - picture of the parcel with their label attached, in the EVRi ParcelShop. The second email is their closing the enquiry due to my failure to produce said document(s). I haven't yet drafted my claim letter, I wanted to be sure of this document situation first before I began action. But therein lies another problem. Not having a P2G account, I cannot be sure of the item value that I declared. The retail value at the time was £600, which is less than the £650 I paid several months earlier, so I would likely have used that, but I cannot be sure. And without having an account I can't be certain of the value I used - I may have declared more, but I doubt it. But, I know that I did properly declare the item and a value that reflected its then retail price. but now that the retail price has reduced substantially, even though the nature of compensation is to return the claimant back to their original position, without my purchase receipt, I was concerned that I may have to claim for less. And yes, I've been through the huge document store of information that you have, MoneySavingExpert, Which, Citizens Advice, Gov.uk "make a court claim", my own law books (annoyingly I specialised in consumer law when I studied for my law degree, but I graduated 17 years ago), and so now feel that its time to either act, or drop it. P2G Enquiry (2).pdf P2G Enquiry (1).pdf
    • I have found both forms online  https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf https://assets.publishing.service.gov.uk/media/60c73ad0d3bf7f4bd6a9bc69/te7-dart-eng.pdf   do i just fill in both forms and send to the address on them or directly to Manchester council  forgive my ignorance    thanking you in advance 
    • This is a little strange. Please pop onto MCOL, copy the claim history and paste it here.
    • I applied online via the website but got the attached reply which does not address my issue  any guidance where I can get this form from and how to do this process    thank you  I wasn’t given any ticket or anything similar at all  thanks 
    • Cheers @FTMDave  Yeah hopefully cases like this should discourage them from this nonsense as it’s surely adding to their overheads.     MCOL says defence received so will prep by reading through those links 
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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.

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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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Welcome Finance - This company needs to be banned.


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Telephone charges - £10 - can only be charged if a) in arr's and b) broken an arrangement to pay eg; i will call on 31/03/09 and you didn't. Plus can only charge max 3 times in a month.

 

Fee assesments are when the finance dept are supposed to remove/amend charges.

 

Capitalisation are the interest postings, interest is applied to charge, account, arrear's - EVERYTHING

 

Outside call fee is same principle as calls and letter - £25 - can only charge is broken arrangement and max charge is once a month.

 

Letters £10 - only allowed to charge once a month and can only call you after 3 days from when letter issued or classed as harrassment

 

Addhoc fees can also be anything from declined debit card payments, extra interest etc

 

And we all know AD HOC fees are illegal charges as they have not stated what it is for and the agreements you have signed to accept charges do not say AD HOC Charge £x

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Ok conversation with DG kinda went somthing like this (serious stuff ommitted but ones in the know will know where I went with the conversation)

 

Me - I'm trying to find out what's happening with what we talked about yesterday?

DG - We're still waiting for NU to tell us what we can actually release

Me - Right.......

DG - Will it help if I send you screen shots of what I have access to?

Me - Yes maybe

DG - And will it be ok for me to send recorded delivery

ME - Yes but out of interest what exactly is in those shots

DG - Well all i'm gonna do is print off all the screens I can access and then get my director to check I can send these to you

ME - Oh so you're going to screen them first

DG - We have to just incase it's something that NU might not let us disclose and as we haven't got their permission yet everything that we think they could object to we have to retain for the time being

ME - Right - Well out of interest then I've been reading some of your literature and it says in there that you are joint controllers of data under the DPA 1998 so therefore why do you have to ask NU?

DG - I don't know

ME - Well can you find out

DG - I think it's best we get our compliance (dont you just love that word) director to call you - would this afternoon be ok to talk to you?

ME - Yes but in the meantime you are sending me those screenshots today?

DG - Yes they'll be with you tomorrow.

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And we all know AD HOC fees are illegal charges as they have not stated what it is for and the agreements you have signed to accept charges do not say AD HOC Charge £x

 

 

Even the staff aren't made aware what exactly these charges are for.

 

with regards to getting them claimed back - you can dispute them. Also Branches are able to remove them at their own disgression... You need to ask them to be removed according to policy. Failing that go straight to Compliance/CRC

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Think About It People

All These Add Hoc Illegal Charges They Cant Account For,

All Added On To Your Balance At The Sky High Apr,

Thats Why You Can Never End A Welcome Loan

 

and remember when you make them refund the AD HOCS - cos they will have to remember to calculate what interest you have paid on those as well - it is not enough they just refunbd the charges.

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Even the staff aren't made aware what exactly these charges are for.

 

with regards to getting them claimed back - you can dispute them. Also Branches are able to remove them at their own disgression... You need to ask them to be removed according to policy. Failing that go straight to Compliance/CRC

 

Failing that go straight to court - compliance are a waste of space!

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Shows on what from the CCCS?

 

I asked them and they didnt know what it meant but said Welcome should not have any data disks from them.

 

 

Basically welcome have a branch solely for CCCS agreements where clients have gone to them for help - Welcome do searches to see who are with them/have made enquiries with them

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Another Gem from the Stewie war-chest! And its getting bigger all the time.

 

I have bolded certain parts that would helpful to a few people.

 

The Consumer Credit (Agreements) Regulations

The Regulations apply to all regulated consumer credit agreements and consumer hire agreements, including modifying agreements.

In particular, the agreement must contain certain financial and other information. This must be set out in a specified order, with sub-headings, and shown together as a whole. The information must be of equal prominence, and easily legible.

In the case of credit agreements, the required information is:

  • nature of the agreement
  • parties to the agreement
  • key financial information (including the amount of credit or the credit limit, the duration of the agreement, the APR, the total amount payable, and the amounts and timing of repayments)
  • other financial information (including a description and cash price of goods or services, any advance payments, the total charge for credit, the rate of interest, how and when interest charges are calculated and applied, the order of allocation of payments, and variable rates and charges)
  • key Information (including default or other charges, any security provided by the borrower, and prescribed statements of the protection and remedies available to the borrower), and
  • a signature box, and other form of consent where applicable.

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

 

 

 

This is directly from the FSA site.

I need to change my avatar..But cant find a good replacement.

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Another Gem from the Stewie war-chest! And its getting bigger all the time.

 

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

 

If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

 

 

 

This is directly from the FSA site.

 

Ok so as I wasn't given a copy and the first time I was given one was in their court defence papers I think this applies - however proving would be difficult me thinks - although similarly - difficult for them to prove also??

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Hi Stewie i did this a while ago it may help get a handle on thngs

 

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

  • Where the dealer is the supplier and the creditor is the one providing the finance.
  • The money can only be used for the purpose it is given.
  • There is no interest on the purchase (the cash price is the same as the total price)
  • And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

__________________

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Basically welcome have a branch solely for CCCS agreements where clients have gone to them for help - Welcome do searches to see who are with them/have made enquiries with them

 

Sorry, welcome do searches to see if people have made enquirieswith CCCS? How do they get this info?

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http://i448.photobucket.com/albums/qq203/082stewie/PPIDG1.jpg

 

NU and DG are in the same building. Why would they need to go back and forth to NU head office and get a contact to call you.

 

The other interesting thing it states on the front page is "THEY CANNOT TRANSFER CALLS" what company cannot transfer a call to another dept?

 

Here again it states Direct group will pay your premium. NOT NU! This isnt correct? No where does it mention anywhere that they will get intouch with NU to establish the claim and NU will pay the premium.

 

http://i448.photobucket.com/albums/qq203/082stewie/PPIDG2.jpg

 

Well hello there interesting info....i take it this is from policy gumf sent out?

 

I note the policy no btw, LOTS of people have this same number quoted...but only seems to show on any paperwork that specifically states NU...before it became the rather informative 'reputable insurer' lol.

 

What I have is worded slightly different, it states Welcome is authorised to act as Agent for NU and Direct group still do the admin. Again, no trace of this on the FSA register?

 

NU could not trace this policy number either

 

And how exactly can DG pay the lender if they receive no money? Either they are very generous or they just phone the 'lender' and tell them to write off x amount of payments....you decide:cool:

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Sorry, welcome do searches to see if people have made enquirieswith CCCS? How do they get this info?

 

isnt this against the data protection act for cccs to give out info regarding their clients, as im sure i wud be pretty peed off if i found out i had gone on a dmp for them to give out my info to creditors? ps can someone look at my agreements, dunno what else i have to do:-(

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If I Were Cccs

I Would Tell Welcome To Bog Off

 

Is There Some Sort Of Contract Between Welcome And Cccs

 

 

Are Cccs Making Any Money Allowing Creditors Access To The Lists,

 

I Go On

 

Do Debt Companies Have Access So To Try And Sell Iva,

All The Time Cccs Getting Paid

 

I Know This Is Prob All Waffle, But Makes You Think

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They do send info to your creditors with regards to your Income/Expenditure & other creditors.

 

They would not however make available the fact that you have enquired unless you were already on a plan with them. If Welcome are able to see which of their customers has enquired about CCCS before they set up a plan then they are up to something.

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Hi peter it seems like I post just as you disappear - if you're not too busy can you look at these figures for me?

 

hi andi how do i rotate the image on photo bucket?

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi peter, if you are still about, could you have a quick check of the figures on this one please? I used dualcalc...unsure if i got it right!

 

http://i303.photobucket.com/albums/n...75/Picture.jpg

 

http://i303.photobucket.com/albums/n...an2blanked.jpg

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hi peter, if you are still about, could you have a quick check of the figures on this one please? I used dualcalc...unsure if i got it right!

 

http://i303.photobucket.com/albums/n...75/Picture.jpg

 

http://i303.photobucket.com/albums/n...an2blanked.jpg

 

Hi Dipply, do you have a link for the dual calculator?

 

Stewie

I need to change my avatar..But cant find a good replacement.

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Basically welcome have a branch solely for CCCS agreements where clients have gone to them for help - Welcome do searches to see who are with them/have made enquiries with them

 

 

Glous,

 

Could you expand on what you mean by 'made enquiries with them'

 

Are Welcome able to see customers who have enquired about going with CCCS before they do?

 

Why do Welcome have a branch dealing with CCCS accounts when they dont even freeze interest?

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Hi Dipply, do you have a link for the dual calculator?

 

Stewie

 

I got Dualcalc from here, forgot all about this ace calculator, it was 42mans link that led me to it...

 

Early settlement

 

The download link is in the paragraph udner the formula

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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