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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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?
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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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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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Want to complain for Irresponsible lending - Need advice **WON**


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id personally given the adjudicator another bit of time - in my cases, I have had 3 cases where the adjudicator has changed their mind after deciding against me. There is no just way I cannot see you not winning this case though given the long term nature of the lending

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- in my cases, I have had 3 cases where the adjudicator has changed their mind after deciding against me.

how, with new evidence or going through things again, or...

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Hi guys,

 

The adjudicator is currently reassessing his decision... Hopefully my email hasn't upset him too much. I was very respectful and thanked him for his time looking at things so not to appear as though I was dismissive. I'm more than happy to wait and see what he says, I just hope the extra information I've given helps but if not I'll have to go to ombudsman... But I'll let you know before I do anything. I'm just hoping that he sees things from my perspective... I'm not trying to rip anyone off but to use the fact that I always paid on time as a reason to state that QQ didn't know I was financially struggling is a bit off side I think.

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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in one case, I submitted new/additional evidence (although I suspect this just gave them an excuse to right a decision they knew was wrong). In another case, I basically just kept asking the adjudicator to keep looking at points she appeared not to have missed or not referenced in the decision she made ( I believe she just took a lazy approach). I n the third case with Wonga, I got lucky as they did not adhere to the original adjudication decision in the agreed timescale which allowed me to argue that I only took a deal with them because they said they would settle quickly, when they didn't, I got the case re-opened

 

 

....this was in three cases out of around 11 I had lodged with FOS - the rest I all won....

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cheers for that info. well done on the wins.

keep at it then multay. dont worry about 'upsetting' the fos, they are supposed to be objective...! :)

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  • 3 weeks later...
  • 3 weeks later...

Hi Guys,

 

A small update.

 

The adjudicator did indeed change his mind and agreed with me. He knocked off a couple of the initial loans which I think is in line with current guidelines about no more than three rollovers.

So the amount he proposed to QQ was quite significant.

They have now come back again and made an offer - A very small one ignoring the proposal made by the adjudicator - Which I have rejected.

I've written to the adjudicator and explained my current financial situation and that I think QQ are simply attempting to employ delaying tactics in the hope that I give up out of desperation. They have ignored his findings even though I was prepared to compromise. I've asked what the next step is but think it will probably be the Ombudsman now, this has dragged on for 6 months with QQ delaying at every turn...

 

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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The adjudicator did indeed change his mind and agreed with me
good.

has qq formally rejected the adj decision?

 

if you agree with the adj decision, then you shldnt need to escalate it.

afaik, qq shld either accept the adj decision, or if not then escalate it themselves?

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good.

has qq formally rejected the adj decision?

 

if you agree with the adj decision, then you shldnt need to escalate it.

afaik, qq shld either accept the adj decision, or if not then escalate it themselves?

 

Hi, I don't totally agree with him. I think they should refund everything but the totals aren't massively different. I don't know if it's a formal rejection, more of an offer that suits them.

Adjudicator is putting the original offer to them again with a short reply period and if they still don't accept, it will go to the ombudsman.

 

Thanks

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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Adjudicator is putting the original offer to them again with a short reply period and if they still don't accept, it will go to the Ombudsmanlink3.gif.

ok. seems then that if qq then dont accept the adj decision, they will have to formally reject it and so escalate it to an ombuds.

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  • 1 month later...

Hi,

 

Quick update.

 

Adjudicator went back to them after I refused their second offer.

 

 

They then came back to me with a significant increase and an admission that

"some loans may have been irresponsibly lent".

 

 

It's nowhere close to the amount I think I'm entitled to so I rejected and it is now with the Ombudsman

- It's a big gamble on my part but I don't see why they should be allowed to flout the rules

and get away with it.

 

 

QQ have stalled, delayed and refused to provide info time and time again in the hope I will settle

but I'm sticking with it despite the distress this is causing me.

 

 

I'm hoping to get a decision this week and fingers crossed it will go in my favour,

if not I'm not sure what else I can do...

 

 

Thanks,

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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  • 9 months later...

Update..

. it didn't go to the ombudsman in the end.

 

The adjudicator revised his proposal further and I got close to the amount I initially calculated.

 

A significant payout from them that more than covered the interest I paid but possibly not the 8% interest on top.

 

I was pretty happy with the outcome,

 

so give it a try and don't be put off by the hurdles..

 

. if they didn't try to profiteer in the first place,

there would nothing to claim back!!!

Thanks for your help everyone... M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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good result then

glad to help

 

 

don't forget to help us help everyone too.

 

 

 

 

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

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

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