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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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JSA is a joke...


tedted
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Wondering if someone can give me some advice...

 

I am currently a part time LLB student and became unemployed just before xmas - so I'm signing on,

but JSA money hasn't started to come through yet for various reasons relating to my student status.

 

Before I was a p/t time student I was a full time student and had a student overdraft

- which is now a graduate account and my main banking account with Lloyds TSB.

 

About a year ago I got myself a mobile phone contract and because I have not been able to afford to pay it my overdraft has been mounting up and is now £300 past what is allowed.

 

for the past few weeks I have been getting phone calls from Lloyds (01273743574) everyday demanding the £300 back.

 

At one point one guy said they were going to give me a month to wait for the jobseekers money to come through,

then the next day it was like nothing happened and they were demanding the money again.. :???:

 

It feels rather invasive and like harassment having them bothering me all the time when I have clearly explained my situation,

that I cannot afford to pay until I get a job; or at least until the job centre pulls their finger out. :|

 

Does anyone have any suggestions as to how to get lloyds off my back until such a time as when I can pay them?

I.e. when the job centre comes through or when I get a job..

 

Erm don't know whether it's relevant or not, but I lost my job due to having epileptic problems, which are now fine.

 

Thanks.

Edited by tedted

NSNO

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I am a part time student and I am unemployed, so am signing on. In my first meeting at the jobcentre I was advised to apply for Contribution Based JSA, as I had just left my previous job - but after almost two months of waiting to be paid they sent me a letter saying that I don't have enough NI contributions etc etc (I think this is because I had just done a full time degree and for the three years prior I was just doing temp work).

 

Immediately after I got the letter, which was about three weeks ago, I arranged an appointment at the jobcentre to fill in a JSA3 form. I was advised to date it from the day that I first applied to sign on, a few months prior. The lady at the jobcentre checked through it and then sent it off. I received a phone call the next day saying that it had arrived at it's destination.

 

I telephoned the jobcentre yesterday to find out what's taking so long and they phoned me back today saying they are having trouble locating the JSA3 form which I filled in. They explained that they don't know exactly when I will be getting JSA through. It was suggested that I get a crisis loan - which I understand is money that I have to pay back to them. Why would I want to get a loan off them when they owe me over 3 months of JSA, their logic is bizarre.

 

To add to all of this, I have got myself in debt spending money that I haven't got. I wouldn't have got into debt if the JSA was coming through regularly. My bank is requesting that I pay all of the money back now - which I cant. My mobile phone has been cut off - Orange have been a tad more lenient and today agreed to give me a week to pay.

 

It feels like they are taking the p*ss, it also feels like an uphill struggle trying to get a job. I have had a couple of interviews which I have had to turn down because I couldn't afford to get to them.

 

As I understand it, the jobcentre don't deal with the payments - that is the job of the benefit delivery centre (or whatever it is called). Should I make a complaint to them, would that be the best course of action? If so, how? Can anyone think of anything else I can do to speed things up? I am completely clueless at the moment. Any advice will be appreciated, thanks.

 

For the people who like to stereotype - I am not the type of person that wants to live off benefits, I enjoy working. I am studying to become a solicitor.

Edited by tedted

NSNO

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I am a part time student and I am unemployed, so am signing on. The for various reasons (outlined in my last thread) the jobcentre are not paying me, and they don't know exactly when they can pay me. As a result of this I have accrued some debt by spending money that I haven't got.

 

I am overdrawn on my overdraft and am facing monthly charges, I am getting daily telephone calls from my bank asking for this to be rectified, which I cant do.

 

My mobile phone has been cut off, and I owe three months for that - they have given me a week to pay, despite me saying that I don't have an income and am awaiting JSA.

 

I also had a credit card and because I couldn't meet the minimum payments, the account was passed to a debt collection agency. They seemed pretty understanding a month ago when I said I dont have an income - my girlfriend agrreed to pay a one off payment of £10.

 

This will obviously to keep them at bay for long, so is there anyway to get these guys to stop charging me and wait until I have an income until I pay them? At the moment it seems as though everything I say is just being ignored. Any advice will be appreciated, thanks.

Edited by citizenB
formatted for easier reading

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I work for JCP in the customer service side of the business, in the office that I work in te form is handed by the customer and it is placed in the courier post to be sent to te benefit centre.

Once it hasleft the building either the same day as it was received or the following working day (dependingon the time of the day the form was handed in and the time that the courier is collected from the JCP) thee is no way of tracing that post.

We frequently come accross cases I'm afraid where we know that information and post has been sent but the benefit centre deny that it has been received yet other post in the saqme envelope was received!

If they are stating that they cannot locate the form all you will be able to do is to complete a duplicate form and at the same time you can write a letter of complaint requesting that consideration is given to repay any bank charges incurred are refunded. This will be considered once proof of charges are received but I cannot confirmif these cgarges would be reimbursed or not sorry as I am not a Decision Maker.

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I've not read your last thread but I suggest going to your local CAB or ring AdviceLine on 08444 111444. You need some help before you get buried.

Work for my local CAB but my views and advice are my own. Try AdviceGuide or Adviceline (08444 111 444) for CAB help ;)

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You could also ask jobcentre plus if you can apply for a loan from the social fund as you don't need to be in receipt of benefits to claim. You have to pay it back, but at least it will tide you over until you get sorted.

Gbarbm

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If you are studying to be a solicitor I would be very careful about getting into debt as it can affect your job prospects, get a crisis loan if you are entitled to it, dont use your mobile get a cheap pay as you go.

If I have been of any help, please click on my star and let me know, thank you.

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three threads merged

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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