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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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    • 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.

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Help With The CSA!!!!


ananya
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My sister has recently been awarded just under £60 a week for maintenance for her 12 year old son, after her useless ex shirked his responsibilities for 7 years and paid her nothing. However, despite them assuring her that the first payment he made of the arrears he owed would be in her bank account by last week, they have now informed her that no such payment has been issued. Her income support reduces right down to £13 a week from this week and she has nothing, other than a pathetic amount of child tax credit, coming in.

 

The CSA are holding on to this money, just under £170 and are taking her benefits away, so what can she do?

 

She has obviously got upset and is worried that she has nothing to live on, the CSA obviously couldn't give a flying you-know-what about it and just give her the stock answer of 'it'll take 7 - 10 working days', no matter what the question is.

 

Is there anything she can do?

 

Help much appreciated as I have no idea!

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Thanks, that's really helpful and I'm sure she'll appreciate your advice.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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The CSA are a law unto themselves and the very people they are supposed to help ie: the children are the ones that lose out the most.

 

I've been doing battle with them for years over my maintenance. And as other people say amicable agreements direct with the NRP are usually the best option, but as you'd expect for some of us its just NOT an option.

 

The CSA... she has to call them daily, literally. I did. I still do when they're peeing me around. Last month they told me 4-6 weeks to work out a payment they were withholding. I called them daily, and they did it in 7 days.

 

As to the here and now, obviously harass the CSA, but in the meantime approach the Benefits Agency and explain that she's getting NO maintenance currently. Push them to call the CSA, and get them to fax etc proof that she's not receiving it for now. They may adjust her IS or be able to offer a crisis loan to tide her over.

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Thanks Rachie, that's much appreciated. I am worried for her, she's had to put up with enough, as so many have, without having to fight for what is hers.

 

I'll pass on your words and hopefully she'll have some luck.

 

Thanks again :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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The CSA are able to make odd payments to recompense for calls etc btw. Tell her to say she WILL be looking to recover the costs of having to call them so regularly and let them know that she KNOWS they can do this. Its obviously NOT something they voluntarily tell you.

 

Also, she can email a complaint in, worth doing so if the problem is ongoing she can involve ICE and her MP.

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I've only just found out about ICE for her, just yesterday as she's tried e-mailing the CSA to complain and got no-where.

 

I'll pass on your second post to her too and thanks again.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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  • 2 weeks later...
If its any comfort from 12th April all Child Maintenance will be disregarded in full by DWP when calculating entitlement to means tested benefits so there will be no deductions made from your sisters Income Support.

 

 

Am i right in saying, from 27 October 2008, the Section 6 rule kicks in and the parent with care is entitled to her benefit award and her child maintenance payments in full, prior to this if the child maintenance was higher than the benefit award the parent with care was only entitled to £10.00 CMP(Child Maintenance Premium).

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Am i right in saying, from 27 October 2008, the Section 6 rule kicks in and the parent with care is entitled to her benefit award and her child maintenance payments in full, prior to this if the child maintenance was higher than the benefit award the parent with care was only entitled to £10.00 CMP(Child Maintenance Premium).

 

Not quite. From 27th October 2008, a parent with care began to get their child support paid directly to them and got to keep all of their child support if it was £20 or below per week. Anything over this sum would affect their entitlement to Income based benefit fro DWP, and the responsibility became that of the PWC to inform the benefit section if they received more than £20 of maintenence in any benefit week.

 

The disregard of child support you mention from 27th October 2008 only applied to Housing Benefit and Council Tax benefit, not to DWP benefits such as Income Support.

 

Prior to that, yes the sum that the PWC on benefit would receive would be £10 maximum child suuport.

 

The full disregard for all DWP benefits such as Income Support did not come into effect until 12th April, where the PWC on benefit can retain all of their benefit plus all of their child support.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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(exceptions for prior authorisation)

 

 

 

 

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