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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?
    • 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.

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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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Hi

 

I am just about to do the preliminary approach for payment. They now owe me much more money than I'd previously thought - I've had the best part of £200 deducted in charges over the past week alone :eek: I am fizzing.

 

Anyway, there is also a DP Act issue with my claim - not only have they had an apparent disregard for the 40 day limit, but the statements came to my parents house, where I haven't lived for 6 and a half years, in a raggedy envelope, and then another copy of MY OWN statements was sent to my house but in the joint names of my husband and I - I am raging at this blatant disregard of my personal data.

 

I digress...I was going to include an additional para along the lines of the following - does it sound OK?

 

"Further, I am seriously concerned with the way in which the Bank have handled my personal data. Not only did you fail to send the documentation timeously, but you sent 2 copies of the statements to me - however one was sent in my maiden name, which I have not used for over three years, and to an address where I have not lived for over six years, and the other was sent to my current address, but addressed jointly to both myself and my husband. This contained details of my own personal bank account. In addition, BOTH copies of the statements were posted in envelopes which were quite evidently not strong enough to support the weight of the documentation inside, with the result that the envelopes had become ragged and torn in transit, and the contents were visible from the outside. I have retained the envelopes and also have photographs taken of them before I opened them.

 

You will note the terms of my original letter to you (copy attached for ease of reference) in which I stated that I would be prepared to collect the statements from my branch. If you were going to be unable to send me the documentation in a secure and lawful manner you could have asked me to do so. There is no justification for the appalling manner in which you have handled my personal data, and quite frankly, in the current environment where banks' handling of personal customer information is subject to widespread public scrutiny and media attention, your actions here are quite incomprehensible.

 

I look forward to the reimbursement of my charges as per the attached schedule within 14 days of the date shown on this letter, failing which I will take further action including contacting the Information Commissioner to obtain an adjudication that the Data Protection Act has been breached. You should be aware that if my charges are not reimbursed forthwith, I will also be seeking damages in respect of your breach of the Data Protection Act.

 

This letter is written entirely without prejudice to my rights and pleas and may not be founded on except with my express permission."

 

Any views? Please?

 

Thanks

 

MM x

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