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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?
    • 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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    • 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.

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      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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Break-clause confusion with commercial lease


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I'd be very grateful if someone could take a look at these two pages from a commercial lease. I want to exit the property and was under the impression from the solicitor that I had 18-month break clauses. However, he has just informed me that the earliest I can exit is July 2010. According to his cover letter (attached to the lease) he states that I am free to leave at end of each 18-month period. I'm very confused. Where would I stand legally if I wanted to get out? I doubt I can afford the rent from Jan - July, so last resort is voluntary bankruptcy.

Pollard letter 1.jpg

Lease page 14.jpg

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Difficult to be sure w/o the covering letter and as you've only posted part of the break clause but the break dates are 31 July 2008, 2010 and 2012 provided you comply with the preconditions, the main one being the giving of the requisite notice. You clearly can't now give notice in advance of 31 July 2008 so the next opportunity to determine by using that clause is July '10.

What is the overall term of the lease?

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Ok I've blacked out the personal info parts of the Lease Cover Letter. It was verbally explained to me by the lawyer that the contract had 18 month break clauses and the letter implied this. Only now did the owner tell me that the 18 month break clause mentioned in the below letter was applicable only for the FIRST period of 18 months after the contract was signed - certainly not mentioned in the lease itself. Any references to the break clause were only present on the two attached pages. I've love to know if I have a case to exit the property as per the term within the cover letter below.

 

http://i734.photobucket.com/albums/ww344/CarlBkk/Pollardletter1-1.jpg

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In all likelihood, no. But the clause in the lease is clear so did you not read the lease before signing it? Generally you are taken to have understood documents that you sign. The cover letter also advises you to read and advise if there are any errors.

There is a slim possibility of a claim for rectification if you can show the break clause is a mistake and is not what was agreed. Not an easy claim at the best of times and you would need a solicitor to advise having seen all the papers.

I very much doubt that you could show the landlord's solicitors owed you any duties so probably no claim against them.

Did they misrepresent the terms? Possibly but again it comes back to you reading the actual lease before signing it.

Sorry but I think you're on a hiding to nothing.

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