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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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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TSB being a bit shady ( again )


Psycho Bob :o)
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Hi, I've been paying Lloyds TSB a regular set amount via payment book every month for well over a year, possibly two.

Recently ( 2 months ago ) I made a payment ( which is always made via my local Lloyds TSB branch ) and I enclosed a letter requesting a new payment book be sent to me as that payment was the last slip in the current book, ( so giving them a month to get one to me so I could continue as normal )

 

2 months pass and still no payment book, I start to think maybe they've just scrapped the account, but then get a letter from them ( which was forwarded to me via a letter from my local C.A.B as TSB had sent them it, as my C.A.B had previously been dealing with the account ) requesting the 2 months missed payments. I wrote back to TSB again asking for a new payment book so that I can make the payments, and finally three weeks later a new book arrives.

 

On the very next day, I make a payment which included the two missed months plus this months payment.

 

Then... a few days ago, I get a letter from Credit Security Limited, The Old Court House, High Street, Whitchurch, Bucks, HP22 4JS

saying they've been instructed by their client to recover the outstanding debt; going on to say that unless there was a valid reason for non payment, then the full outstanding balance was due within seven days.

 

That's a bit rich!....... how can Lloyds TSB cause the delay in payment ( by not sending a payment book when requested in good time ), then use that as an excuse to farm out the account to a debt enforcement office? That smacks of rule breaking to me or guidance breaking at a minimum.

Also rather cheekily the CSL letter is dated 25th May , I get it 28th May, and there's this whole jubilee thing going on so extra bank holidays etc that conviently fall into their 7 day request.

 

What should I do ?

My next payment to Lloyds TSB using the new payment book is due in a couple of weeks.

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Keep on making your normal payments. Don't stop under any circumstances.

Write to lloyds a succinct bullet-pointed letter explaining to them what has happened and how they have failed to conduct your account correctly.

 

Threaten to sue them under BCOBS - (but only if you are prepared to carry out your threat.)

Then come back here and we will be delighted to help you all the way.

Chances of success:- 90%+

Chances that Lloyds will back down rather than go to court - 90%+

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You don't need to send anything to CSL, continue making your payments direct to Lloyds, there will be no repercussions except you feeling popular with all the fan mail CSL automatically sends you.

 

And lodge that complaint with the bank...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I think it'd be COBS , as it's a repayment agreement for a lloyds tsb credit card balance.What letter would I send to Credit Security Limited? and if none, what would the repercussions be from them or as a whole?

Yes, you're right - COBS. In whcih case if you brought an action it would be for breach of contract on the basis that CABs was implied into the contract.

It would be a delicious claim to bring and I expect that Lloyds would squirm and squirm

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and dont forget you did have a valid reason for not making a payment they didnt supply you with the means to do so i.e. a new payment book

HTH (Hope This Helps) RDM2006

 

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  • 2 weeks later...

Hi :-) Having looked again, it took TSB 4 Months to get a new payment book to me.

I've since had another letter from CSL DEMANDING IMMEDIATE payment of the outstanding balance or a DEBT COLLECTOR may call or the account could be referred for legal action.

 

This got my back up, how dare they! so I have written them a nice letter, pointing out what they've done wrong and tying them up in knots. My next regular payment to TSB is next week and I'll send it as per usual with my nice new payment book.

 

I'd love to know now, how would I go about suing TSB for breach of contract in the county courts, and how much will it cost me? What paper evidence will I require? Can I drag CSL kicking and screaming into it so they get a spanking too? ( they really are the most obnoxiously blunt debt recovery company I've dealt with yet )

 

Many Thanks

 

Bob :)

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