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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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      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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Extensively High Cancellation Costs- ADRIAN FLUX


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I took a policy out with adrian flux a few months ago now with an inital cost of £1,600 which I was to pay on monthly payments with their finance company.

 

When i first took the policy out with adrian flux they asked me if i had any no claims bonus which I informed them I did as i had 1 years no claims on a motorcycle license which I'd used before with another insurance company.

 

After sending them evidence of my no claims they were quick enough to get back to me that they couldn't accept this and that if i didnt provide proof of no claims my policy would bounce upto £4,000 which is totally through the roof.

 

 

I told them that Id asked if i could use my bikes no claims with them when i first took the policy out, they said they checked the phone records and had no recollection of this which is a total shambles.

 

I told them to cancel the policy as I couldnt afford to pay this and i was emailed this letter from them:

 

Further to the cancellation of your policy we can confirm there is now an outstanding balance on your account with ourselves of £815.19.

 

For the sake of expediency if we do not hear from yourself within the next 7 days, we will assume that you wish us to automatically debit the card that you used to pay for your insurance originally.

 

 

 

 

 

I just contacted them informing them that i dont even make this much money in 3 months and I have no way of paying this off in one payment, which i was then told that they would pass it on to their debt company who could allow me to pay it in smaller payments.

 

Any help as this is ridiculous as I informed them i had no claims on a bike and they still allowed me to take the policy out.

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Your big mistake is that you did this on the phone so you have no record. Record your calls or do things in writing.

 

How long has the policy been in place?

Presumably it is a 12 month policy?

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Early cancellation of a contract is a huge problem.

Most companies use this opportunity to impose hugely disproportionate charges and some companies even insist that you pay the entire fee for the whole of the remainder of the contract.

Gyms and mobile phone companies are especially bad about this - but so are insurance companies

Cancellation Charges

The rule about cancellation charges is that they must be proportionate.

This normally means that a cancellation charge must not exceed administrative costs which have been caused by your early cancellation.

This is because by cancelling your contract earlier than you were meant to, you are actually in breach of your contract.

The law does not allow a contracting party to make a profit out of the other party’s breach of contract.

This is basic contract law – but also any attempt to charge you a disproportionate cancellation fee is a breach of UTCCR 1999

 

How to cancel early

If you want to cancel early then you must give proper notice in writing.

Typically you should give one month’s notice.

Make sure that your cancellation letter is sent by recorded delivery.

Make sure that you keep a copy of it and you have noted on the letter the date you sent it – and you have stapled the recorded delivery slip to it.

DO NOT then simply cancel your direct debit and assume that this is the end of the matter. It won’t be.

The chances are that your Gym or Mobile phone company or what-have-you will ignore you and go on as if the contract is not cancelled.

Either that or they will tell you that they accept the cancellation but they expect you to pay for the rest of the subscription period.

If you have cancelled the direct debit – or if you stop making the payments, they will threaten you, send your file out to debt collectors, ruin your credit file and spoil your life for at least the next 6 years – even though the charges they are trying to impose are unenforceable.

Unfortunately you will have to force the company to obey the law.

This means that while the matter is in dispute, you must keep paying. This is essential and it will allow you to stay in control.

You can claim the money back later.

You must then prepare to sue the company in the Small Claims Court for their breach of contract in imposing unlawful charges – and also for the excessive charges which you were forced to pay them for fear of wrecking your credit file.

This may all sound extreme, but unfortunately, while these companies do not follow their legal obligations, this is the kind of action you will have to take.

Once you have won your case and you have a judgment against the company, then you can cancel your payments and take some satisfaction from instructing bailiffs to go in and collect the money the company now owes you.

 

If I were going to sue this company, I would also sue them for a breach of COBS as well.

 

Begin by asking them in writing for a breakdown of their cancellation fee.

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