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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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      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.

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Work undertaken and now husband is deceased


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Yes I think I have it says that I have legal cover up to £50,000 for certain legal proceedings relating to your home, employment and goods and services. Does this cover me as the policy is in my name obviously as my husband is deceased. It also gives me a 24 hour helpline. Legal advice service

Do you have legal cover included in your house insurance ? lots of policies have this
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Ring the legal helpline and explain your situation - they should then put you in touch with a solicitor who can help you. Don't send back any forms until you have spoken to the solicitor.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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This must be a very stressful situation for you. But, ultimately it is not that complicated and can be dealt with, if you make sure you comply with the court procedures by seeking a little bit of help.

 

 

It sounds like what you have returned to the court is actually called the 'acknowledgement of service'.

 

You need to know that returning this form is not enough. You also need to file a 'Defence' (on behalf of the estate) indicating why you do not agree with the claim that has been made. This must be made within the deadlines which have kindly been described by CitizenB in post number 11. If you do not file a Defence, the Claimant will automatically get what is known as a 'default judgment' ordering that the estate must pay the amount.

 

 

If the estate does not have any assets or is insolvent, you should write a short letter to the Claimant explaining this. This will make them aware that even if their claim is successful there would be no assets for them to enforce a court judgment against.

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I have checked with my insurance company and they say I am not covered but do have the facility to ring the legal helpline of which I will do tonight after work. Can I just clarify something I am sure when we bought the house it was bought as joint tenants and my husband did not have a will so it automatically came to me. I have since his death made a will to secure the children. Am I right in thinking that makes it that my husband has no estate, as this woman is claiming against his estate. So if he has no estate how can she be making a claim against it? He had nothing no assets or savings or business, he was just a self employed sole trader. I have also read that she should have made an official claim against any estate within 2 months of his death is this correct

Ring the legal helpline and explain your situation - they should then put you in touch with a solicitor who can help you. Don't send back any forms until you have spoken to the solicitor.
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Thank you I think our emails have just crossed as I have just asked the questions you have just answered. Can I clarify do I still need to return the form and make a defence even though there is no estate or should I just write a letter to the claimant first

This must be a very stressful situation for you. But, ultimately it is not that complicated and can be dealt with, if you make sure you comply with the court procedures by seeking a little bit of help.

 

 

It sounds like what you have returned to the court is actually called the 'acknowledgement of service'.

 

You need to know that returning this form is not enough. You also need to file a 'Defence' (on behalf of the estate) indicating why you do not agree with the claim that has been made. This must be made within the deadlines which have kindly been described by CitizenB in post number 11. If you do not file a Defence, the Claimant will automatically get what is known as a 'default judgment' ordering that the estate must pay the amount.

 

 

If the estate does not have any assets or is insolvent, you should write a short letter to the Claimant explaining this. This will make them aware that even if their claim is successful there would be no assets for them to enforce a court judgment against.

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If the house was held as a joint tenancy, my understanding is that would have passed to you automatically on his death and would not form part of his estate.

 

There are basically two options. If you are confident that there is no estate for them to enforce against, then I guess you can just ignore this whole thing - since a court order against the estate is pointless since the estate has no assets - as long as it is very clear that the claim is against the estate and not against you personally. I do not recommend this, because it is risky if the other side do identify some assets which should form part of the estate. Later, it would also lead you down the road of being required to provide information about what estates formed part of the estate and why there are no assets left.

 

The other option is to try and defend this claim on behalf of the estate. If you want to do this, then you must file a Defence within the time limit stated by CitizenB. This should have been explained on the form although I agree it is not that easy to understand.

 

Whatever option you choose, you should also write a separate letter to the claiming explaining the whole thing is pointless because the estate has no assets.

 

 

In the meantime obviously continue to see if you can get legal help through your insurance company, but you need to remember the court deadline for filing a Defence whatever happens. A delay in seeking legal help is not a valid excuse for filing a late Defence.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I understand. I think that I will go with sending the form and making the defence, but will also write a letter to say that there is no estate as I am sure there is not. My husband had nothing. All correspondence has been addressed to the estate of [name removed again] not myself.

If the house was held as a joint tenancy, my understanding is that would have passed to you automatically on his death and would not form part of his estate.

 

There are basically two options. If you are confident that there is no estate for them to enforce against, then I guess you can just ignore this whole thing - since a court order against the estate is pointless since the estate has no assets - as long as it is very clear that the claim is against the estate and not against you personally. I do not recommend this, because it is risky if the other side do identify some assets which should form part of the estate. Later, it would also lead you down the road of being required to provide information about what estates formed part of the estate and why there are no assets left.

 

The other option is to try and defend this claim on behalf of the estate. If you want to do this, then you must file a Defence within the time limit stated by CitizenB. This should have been explained on the form although I agree it is not that easy to understand.

 

Whatever option you choose, you should also write a separate letter to the claiming explaining the whole thing is pointless because the estate has no assets.

 

 

In the meantime obviously continue to see if you can get legal help through your insurance company, but you need to remember the court deadline for filing a Defence whatever happens. A delay in seeking legal help is not a valid excuse for filing a late Defence.

Edited by honeybee13
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Does the Defence notes have to accompany the acknowledgment form or will it be okay to send that first and then put together my defence

I understand. I think that I will go with sending the form and making the defence, but will also write a letter to say that there is no estate as I am sure there is not. My husband had nothing. All correspondence has been addressed to the estate of [edited] not myself.
Edited by honeybee13
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Hello again.

 

I've removed your late husband's name again, please don't quote it in your posts. It's much better to keep things anonymous. I'm trying to protect you here, not make life difficult.

 

Did you speak with the lawyer as advised by Ell-enn please?

 

HB

Illegitimi non carborundum

 

 

 

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KarenKerswell,

 

Thinking slightly "outside the box". Along the lines of Ell-enns suggestion ... Insurance.

 

Did your late husband have "Public Liability" insurance ?

 

If so, would that "Cover" you ??

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Does the Defence notes have to accompany the acknowledgment form or will it be okay to send that first and then put together my defence

You can just send the acknowledgment form ticking the box indicating an intention to defend. Nothing more is needed on the acknowledgement.

 

Filing the acknolwedgement gets you a bit more time. You then file to file the Defence within the 28 days time limit explained by CitizenB in post number 11.

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