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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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    • 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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      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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Income expenditure forms are they legally required to be filled in?


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Hi,

 

I have filled in forms before for my mortgage company and all that happened was thety returned pay slips etc. No discussion, no feed back said i could afford to pay and got a suspended repossesion order against me. The forms where filled in with the help of cccs and where actually showing a slight deficit when all was paid as creditors requested.

I was pursuaded after objecting to filling them in once more before christmas, that the company had changed their policies and now only wanted to help me. I filled them in they lost them and all paper work! I filled them in again but sent no paper work. they asked me to send nbank statments etc and also questions I thought unnessary.

1, i put down i spend £40 per month on pet food.( this is not an extravegant amount when you look at the costs associated with keeping pets from the RSPCA) they questioned this.

2 I put down £5 per week for other fuel ( its been really cold recently have they not noticed) for coal and they questioned this.

I do not go out dining or drinking, I havent had a holiday for years, I dont have sky, I dont have insuraces at all now, I dont lead an extravegant life style, I am annoyed at their attitude. I am trying to deal with debts and I have kept them informed constantly of work situation I was redundant and start new job tommorrow.

Do I legally have to fill in these forms as I feel I am being treated, and have been in the past, unfairly?

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Hi annabelle

Only a Judge/Court has a legal right to your I & E so you're under no obligation to supply a DCA with the info should you not want to

Some will say that supplying an I & E form can help a case but as you've seen if the DCA disagree with things (In your case pet food/ectra heating) they question it

I'm of the none of your business so bugga off group so you'll find this will generate a mixed discussion but in the end it's all down to you to decide and by the tone of your post I think you already have :wink:

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

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

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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If you are claiming that you do not have enough money to pay your mortgage then they can be expected to make such demands for further information.

 

As already mentioned all you are really doing is giving them a view of your finances to which they are not really entitled, as you have already found, they will happily strike through anything which doesn't fit in with their unique standards of needs and requirements.

 

The only person who can reach an informed opinion on how much you can afford to pay is you,

the only person who is qualified to reach such an opinion is you.

 

A court can of course make a judgement on how much you should pay, but even then the judge would normally request clarification of your income and expenditure and unless you are obviously understating or overstating your figures, the judge will make a judgement based on what you can realistically afford. The DCA does not have any say at all in this process

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