Jump to content

BankFodder

Site Team
  • Posts

    49,816
  • Joined

  • Last visited

  • Days Won

    258

BankFodder last won the day on April 9

BankFodder had the most liked content!

Reputation

3,410 Excellent

Location

  • Location
    Virtually everywhere

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. If you are confident that citizens advice are going to give you the help you need, then you should stick with them. No point in trying to ride two horses at the same time. It will only lead to confusion and conflicting advice. Also, the people at citizens advice get paid. Everybody on this forum works completely free of charge – no payment – no strings. I hope you get your money back, but for the moment I'm going to close this thread
  2. I can't imagine that EVRi will want a judgement against them on this and based on this argument. I reckon you have a better than 90% chance that they will try to reach out to you before the trial date. They know that what they are doing is thoroughly wrong and dishonest and contrary to law. They are following this thread, of course – and they've already seen this witness statement. I imagine that they are scrabbling around trying to understand how they can extricate this without using too much face. I suppose they will make an offer to you which is a few quid short of your claim in order to say that they were justified in being stupid. Hold out for every penny. It's your money and you deserve it. It's not their money and they don't deserve it
  3. New paragraph 47 – If you insert that – and move everything else down then I think you are good to go. Well done on going through the mill on this but it looks pretty good
  4. Yes I can imagine that kind of thing rankles a lot. I don't know what the timescale is for making chargeback claims. I suggest that you find out and then change your way working so that you keep records at least until then. It may be six months
  5. Well you could bring a small claim with a very high chance of success on the basis of what you say stop However it will cost you £35 at least for the claim fee – and possibly another 25 for the hearing fee. You would get these back if you win but I'm afraid that you don't have to ask yourself whether you think it is really worth it. I appreciate that you want to keep your desk tidy that maybe you should introduce a different policy in terms of record keeping – how long you keep them for
  6. How much are we talking about here
  7. Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
  8. Thanks for updating us. Your decision is very understandable. Don't worry. You have done very well standing your ground against these people in a way you have and you have got everything you wanted bar just a very few quid. Congratulations
  9. By not sticking to the deadline which you set you have lost credibility. Your letter of claim becomes one of hundreds of others which they receive and which they put in the bin because they think that you are just bluffing.
  10. Sorry. Yes I haven't seen that requirement before but I would say that you would have to inform EVRi either that you may be prepared to settle all that your position is clear in your claim. Their contractual obligation is clear. You have no intention of settling for other than the full amount of your claim including interest You could also add in there that they are a large successful well-resourced company. You are a private individual and the money is a serious amount to you even though it is insignificant to them.
  11. Thanks. I will try to have a look at it tomorrow.. And no it doesn't mean that you have to settle for anything less than your whole claim and if that includes interest then, interest
  12. Have we seen your court bundle? If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing
  13. Page 2 – document 10 and 11 – you should include the fact that it is a Law reform commission report. Best to give it its full name if you can I suggest that you move paragraph 10 up to the first position – paragraph 5 and move everything down. I think other than that – it is good to go. I suggest you don't bother to do any more drafts. Simply rearrange the paragraphs as I suggested above then the title of the documents that you are relying on in the index page. Send it off and post your final version here so that everybody can see. I'm sorry about the delay. Thanks for reminding me
  14. Sorry I have been badly sidetracked And then it slipped my mind . I will have a look tomorrow.
×
×
  • Create New...