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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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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Old Debt 6 years, issued Statutory Demand help


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Hi All

 

1st Credit have today sent me a Statutory Demand of Insolvency for a debt that is owed to Natwest Bank and is well over 6 years old.

 

I have not had any communication with this company, sent letters or event telephone contact.

 

Now this has arrived, obviously because i am on the Electoral Register in my new home.

 

Apparently i have 18 days to apply to the court to have it set aside, do i apply to the court under the statue of limitations, i do not want to ring them as this will start the whole new 6 year thing off.

 

Also there is no stamp on it from a court surely there would be the court address this was sent to, or am i wrong, is this just a scare tatic to try and get me to ring them?

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You won't set the "six year thing" off again by phoning them - only by acknowledging in writing or making a payment.

 

I believe (though I could be wrong) that you can apply for a set aside at your nearest court - and it should be free.

 

Don't forget to send the "statute barred" letter to Wirst credit then you can report them to TS next time they contact you

Carpe Jugulum

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thank you for your advice, yes i did look for a court address and it said that if i wish to have it set aside i should apply to my local court or in the first instance ring them

 

Maybe a ploy for me to contact them and slip me up?

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thank you for your advice, yes i did look for a court address and it said that if i wish to have it set aside i should apply to my local court or in the first instance ring them

 

Maybe a ploy for me to contact them and slip me up?

 

don't phone them!

You do have to apply for a set-aside tho, at your local court.

 

A statutory demand doesn't have to have a court seal - it does need to be "served", however - by a court process server, or possibly by FIRST class post.

Carpe Jugulum

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Can I ask, is this debt for more than £750? Do you own your own home?

 

First credit are issuing stat demands like confetti at the moment. They issue actual petitions much more rarely, but you've nothing to lose applying for a set aside.

 

EDIT: And yeah, you can use that as the reason... depending what type of loan it was. (Erm, what type of loan was it?)

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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Hi

 

Yes 960.00 and i do own my own home well only in the last year. I will have it setaside, i will also in my application after reading other threads that 1st Credit are abusing the process and issuing these like confetti, and i will also add a costs element for me as well.

 

I need advice on costs as i am self employed is there like a basic hourly rate etc.

 

It was not a loan i was overdrawn and was charges as well

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Your costs would be the cost of attending a hearing, so basically traveling expenses and lost earnings. Have you written to them and / or paid them in the last six years?

 

No need to include the fact they are issuing them like confetti, although it is the truth, it won't help your case :)

 

Include the fact the debt was originally largly made up from bank charges, that you would seek to reclaim.

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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  • 2 months later...

Hi

 

Just to let you all know, i went to court to have the case set aside and 1st Credit & Connaught Collections failed to show. The case was set aside and i was awarded my costs 101.75.

 

Today a cheque arrived, they took me court for money, they never showed and now they have paid me.

 

The funniest thing is ...

 

I have now received another one from the same company for a different debt.

 

Here we go again

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