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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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      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.

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Sarahmoon v Bank of Scotland


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Yes it is fine to send to your local branch, but I wouldn't bother with Recorded Delivery - just an ordinary First Class stamp will do.

 

Good luck.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Barracad, why not RD? Don't we need to have proof of delivery? especially if it goes to Court?

 

No, not at all.

 

CPR states that you only need proof you have posted the item - and a dated copy of a letter you have sent is sufficient proof that you posted it - you don't need a Certificate of Posting etc.

 

And whilst Recorded Delivery is only a few pence extra, if you read round the forums you will see that it sometimes causes extra problems which would have been avoided if you sent it ordinary First Class.

 

I strongly recommend you don't use Recorded Delivery when sending the prelim & LBA to the bank.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Stongly recommended by whom?

 

I suggest you read the CPR for yourself if you don't believe me - a dated copy of the letter is proof enough that you sent the letter as far as the Courts are concerned.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Its strongly recommended from the "common sence" society.

 

Depends what you're referring to.

 

If you are referring to getting a Certificate of Posting, then there is certainly no harm in it, but "common sense" would say what is the point of queuing up in a Post Office for something that isn't needed when the letter could be popped in a posting box.

 

If you are referring to using Recorded Delivery then "common sense" would suggest you look at the trouble other people have had when sending Recorded Delivery to large organisations such as banks.

 

Do not ill advise new members to do this.

 

I am merely giving advice, based on CPR, which states there is no requirement to either obtain a proof of posting, nor use Recorded Delivery.

 

by the way,what Bank do you work for??

 

I think this just sums up about everything you have said and proves how much "common sense" you have - I am sure people who have any "common sense" will be able to figure out who to listen to and whose advice they should take.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Woooooaaaah that's a bit strong, I've never known Barracad to ill advise anyone! I just wanted his reasons for not using RD which are fair enough. I would rather use RD BUT if the Court will be satisfied with correspondance without, then Barracad would know.

 

Wxx

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If it gives you more peace of mind to get proof of posting then do so, but you don't need to use Recorded Delivery - you can ask for a FREE Certificate of Posting with any item you send at a Post Office.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I believe it can only help in supporting your claim,atleast you can phone RoyalMail and find out when it was delivered by quoting your reference number.Atleast this way you are assured its in their hands and ,more importantly,being dealt with oppossed to "wondering" if it arrived.Also means that in the corresspondence that follows from yourself,you have the confidence that your letters are getting there too.

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  • 2 weeks later...

You'll get a letter back saying they will deal with your complaint and reply within 4 weeks. If you wait....you'll get another letter from the Core Business team saying they need more time...another 4 weeks. I would send a second LBA with a completed court form attached and a dealine to action the court form. After that you'll have to file a court claim. Good luck!;-)

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I am confused about interest. I worked out on the spreadsheet the 8% interest from the date of the charge but what is judicial interest, is this different to the interest worked out on the spreadsheet.? Can someone throw some light on this as the more I read the more confused I become!!! Thanks

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Guest willowb

Don't worry you've not messed up! when/if you get to the MCOL stage and you file a claim, from the date that RBS acknowledge the claim you can start claiming 8% apr daily for the sum total amount of the claim (except the Court fee of course). Make sense?

 

Wxx

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Yes sarah it does make a difference.

You are in Scotland so the small claim threshold is different and you can't use MCOL . You need to fill in the claim forms,(upto £750) found here..use 1b

 

Small Claims Forms

 

Then use Scotias post here

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

This post will tell you EXACTLY what you need to fill in, either small claim or summary cause (depending on how much you're reclaiming)

All the best

mairi

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I realise theres a difference with the forms, and I understand Small Claims Summons as I used to be a Legal Secretary and these were a big part of my job. What Im asking about it can I claim judicial interest in Scotland on top pf my claim, has anybody claimed it successfully here. Thanks

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ive used the same spread sheet you did, judicial interest is the interest youre claiming and it is set at 8%.

Ive had this part of the claim paid on all 4 of my claims on the BOS. Although had to annoy them about it on 1 claim as i think i may have forgotten to add the spread sheet, but they eventually coughed up.

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