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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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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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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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UNPLANNED O/D FEES HELP(I'm from poland)


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I was in Poland recently and how I came back found letters from Lloyds TSB that they counted up me punishment. But I now that this punishmant is counted up when I have overdraf but may account balance he was positive, +few pound and the same day I paid in money and buy something on Ebay. But now (today) I checked my statement and I see that first I paid in money next bank he took 75Ł(unplanned o/d fees) but in the same day i buy and first check how much money I have. and I see now that bank he took me cash but transaction purshase she was realized 2 days later.I dont know what I must do now because I had not overdraf and I do not it intention to pay. What I can make because I do not want to have problems. I ask to write comprehensibly because I find more topic about this problem but I don't understand all. I think that this is different case because I had not overdraf:o

 

Thanks a lot

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Your case is no different to others. The bank have taken out charges on the day you deposited money to purchase goods from e-bay which will result in further charges.

The best plan for you would be to contact the bank and ask for the charges to be returned as when you bought the product from e-bay you made sure funds were available. Did the bank notify you in writing that the charges were to come out of your account on that day?

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He sended information that (You asked us to make a number of payments for you on 5th march 2008.we wanted to let you know that unfortunetly there was enough money in your accountto cover all of them.we have provided you with an unplanned overdraft to cover the payments we made) but why bank he took me 75Ł in the same day when I paid in cash in my account but i had money it was not debt.And when Paypal system he took mpney from my account (5th march) I had not already enough money.Bank sended me second message(letter)it seems me that reprimand.I think that bank he should to take this money when I would have debt but I had not. :confused:

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Really sorry but I cant quite understand exactly whats happened here but I would advise you to contact your bank and discuss this with them at the branch if possible, they have the ability to refund those charges.

 

 

If im right in reading this you are saying on the 5th March you paid in cash to cover these payments yet the bank are saying there was insufficient funds available and provided you with a temp overdraft then charged you £75 for it.

 

If so do you still have the payment slip when you deposited cash in that day, if so take this with you when you go to the bank.

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This is my statement ....look

 

 

Date Payment type Details Paid out Paid in Balance

 

14feb DEB Asda 1.40 3.20

 

25feb DEB Asda 1.38 1.91

 

3mar DEB payment 140

 

3mar CHG Unplanned 75.00 66.91

 

5mar DEB paypal 139.83 72.92DR

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In january a had 2 pound debt because i buy something but I did't know how much money I have. Sended me information about this debt and I paid in 30Ł and they returned me these 2Ł and Ihad balance 28Ł.Possible that about this.If so what I can make:(

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I go to the bank tomorrow but whot I mus to take with me(what documents)

whether I have to take with me confirmation purchace on ebay and that paymant in paypal?I have yet payment slip but what have payment slip when I deposited cash in that day?because I don"t understand all?

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Hi again. I was there yesterday and they said that me this annul but I have yet debt.I have go there once again? maybe I don't know mayby a bit this lasts? If I make a mistake ....improvements me. Thanks a lot for your help.

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