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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.
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What do i do next ?? Woolwich haven't filed defence**WON**


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Hi midnight came and went!! they havent put in a defence so i clicked on the "The defendant has not filed an admission or defence to my claim"and i couldnt select that option Why? :confused:

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Hi midnight came and went!! they havent put in a defence so i clicked on the "The defendant has not filed an admission or defence to my claim"and i couldnt select that option Why? :confused:

 

 

Did it allow you to ask for judgement?

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no when i clicked on the The defendant has not filed an admission or defence to my claim button it said the defendent had i4 days to reply but it has said that from day one and on my paperwork from the court that date was yesterday?

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Hi woolwich had untill last night to reply to my claim which they didnt so i clicked on the "The defendant has not filed an admission or defence to my claim" and i couldnt select that option Why? :confused:

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See post #5 before you do anything else

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Check your dates. Its a total of 33 days from when the claim is issued (including the 5 days to serve the claim). If the final day falls on a weekend they get the next working day as well.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

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My 14 days for the woolwich to acknowledge my claim was on the 31st of march. How do you know if they have acknowledged your claim i have not received anything in the post I can not request judgement on mcol. Have tried to phone mcol this morning and there appears to be a problem with there phone line.(says office is now closed will reopen at 9am monday!!) ????:confused:

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  • 3 weeks later...

welcome to the forum.

 

Please take time to read the faq's

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(your user name) V (banks name)

use the template letters in order Stick to the timetable in there.

 

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I have the same request.

 

Read the court bundle.

 

 

re-read the links i posted above and you will be fine if you've followed the steps on the site.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Please help

Was sure i had done everything write put in claim with mcol (this is where i went wrong i think) Then when i received there defence last week got a bit worried by the wording

There Defence:

""1. The particulars of claim do not provide details of the account in question or the precise charges alleged to have been unlawful, or the date thereof. Furthermore they give no recognisable cause of action, nor is there sufficient material to enable barclays to serve more than a bare denial of liability as a defence. The statement of case would appear to be an abuse of process and or will obstruct the jst disposal of the proceedings and it does not appear to comply with cpr r16.2."

 

There are 6 other point they have added but i think they are the norm. Then today from my local court i got.

 

" General Form Of Judgment or Order" Which says" It is ordered that

1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8thMay 2007 and in default the claim be struck out without further notice.

if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out it claim in plain English.

2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

 

What have i done

what do i do now?????

Pleeease help

 

 

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Please help

Was sure i had done everything write put in claim with mcol (this is where i went wrong i think) Then when i received there defence last week got a bit worried by the wording

There Defence:

""1. The particulars of claim do not provide details of the account in question or the precise charges alleged to have been unlawful, or the date thereof. Furthermore they give no recognisable cause of action, nor is there sufficient material to enable barclays to serve more than a bare denial of liability as a defence. The statement of case would appear to be an abuse of process and or will obstruct the jst disposal of the proceedings and it does not appear to comply with cpr r16.2."

 

There are 6 other point they have added but i think they are the norm. Then today from my local court i got.

 

" General Form Of Judgment or Order" Which says" It is ordered that

1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8thMay 2007 and in default the claim be struck out without further notice.

if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out it claim in plain English.

2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

 

What have i done

what do i do now?????

Pleeease help

 

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Have just spoken to court and have been told that i need to amend my claim and put in more detail. (they already have all this info on my previous letter so for them to say they dont know what im claiming is rubish they charged me!!) any way does anyone know how i do this and i need to put in a state ment of truth. What is this.

 

Many help greatly received

 

Im probally the only one that has rushed the court process and made this mistake!

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Hi

please follow this link http://www.consumeractiongroup.co.uk/forum/barclays-bank/80304-request-judge-plain-english.html?highlight=plain+english

Hope it helps you

Claire

 

P.S dont forget to pay your AQ fee

:pI'VE CLAIMED MY BARCLAYS CHARGES BACK.:p

£5125.60

Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!:)

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Im so confused dont know what to do next do i just need to redo my POC and when should i receive my AQ My sister claimed against natwest wrote two letters and got back just under £3XXX.XX Why cant mine be that straight forward??????:( I also need to include a statement of truth??

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