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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.

      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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Council Tax Recovery for non-payment


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I’m not sure if this is even the way to go about this, but heck ill ask the question anyway!My partner recently received a letter in the post from a collections agency stating he owes over £4,000 in unpaid council tax debt. The problem is, he only lived in that property for a maximum of 6 months in 2005 yet they have charged him council tax over 3 years! The letter from the recovery agency was to the attention of himself and also the other person he used to live with at the time but the recovery agency is now saying because they found him, he is responsible for the full debt and have removed the 2nd parties name from the account.The collection agency says we have to contact the local council, while the council are saying the debt was brought by the collection agency and any discussions have to be done with them. We have offered to provide proof that he had left the property after 6months by way of utility bills and payslips to a new address - but the council and collection agency won’t accept this?He is happy to pay the council tax owing for the 6month period he was living there (though he was under the impression it was being paid at the time) but there is no way we can afford to accept this debt of over 4k. Is there any advice you can give me on how to get this sorted?

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You need to go back to the Council and ask the following:

1 - How many Liability Orders are there

2 - How much is each one for

3 - what period of time does each one cover

4 - when was each one obtained

5 - how much is outstanding on each one

6 - when was each one passed on for enforcement.

 

The Council always own this debt and cannot sell it on. They can however pass it on for enforcement and I would imagine it will be a bailiff Company that has contacted you. You need to gather together the proof that you moved using alternative Council Tax bills in the correct name, tenancy agreements etc. The fact there was another living there at the time does not matter unless they can be traced - the Council/Bailiff can go after either. Please also be aware that if the Liability Orders were obtained within 6 years of being due they never become Statute Barred.

 

It may be better if you hit the little black triangle to the left and ask to be moved to the Bailiff Forum where you will get a raft of different replies. We can help you fight this and only pay what you owe.

 

In the meantime keep doors and windows firmly locked. If you have anything lying outside move it NOW and if you have a motor vehicle that is not on finance it should be moved well away from your home - a good 10 minute walk if possible. Bailiff hours are 6am - 9pm Mon - Sat, no enforcement allowed on Sundays. Do not believe anything they say and if avoidable never speak to them on the phone unless you can record the call. The Council are 100% responsible for the actions of their contractors.

 

PT

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