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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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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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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PTSD after 13 years


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my husband lost his job through redundancy around 13 years ago the we had what could only be called a life changing event and my husband had to stop his new business as he was diagnosed with PTSD. We ended up with £20,000 in debts as we had no money coming in. I raised what money I could and my husband manage to sell all his work equipment as he could no longer use it and after a few months we got the debts down to around £11,000, since we have had to survive on my husbands DLA and over the years he has got much worse and I have been told he is unlikely to recover, we have been paying what we can afford to Moorcroft DCA and Credit Securities DCA for over 12 years now, I am disabled and now with the government cuts and the council is now making us pay 25% of our council tax, that means that the few pounds we gave to the DCAs has now gone my husband cant leave the house very often and because of his condition cannot talk to people or use the phone, When Moorcroft called the other night my husband completely lost control and shouted F*** off at the collector and slammed the door in his face. a few minutes later a scribble on the back of an envelope said my husband was being taken to court with no signature etc as we have tried our best to pay these debts regularly but now through no fault of our own we have lost the ability to pay them, my husband has been in a worse condition since and I don't know what to do or where to turn as I can see things escalating.

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I think you need to tell it more about the dents please.

value and dates

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Hi

Im

No expert but as far as im aware a Dca cannot sribble you being taken to court on a envelope as they have no legal power to do so unless they own the debt. If they are just acting on behalf of the OC they can do didly squat!

As bankfodder says more details would be required.

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Hi sorry about that the debts are Credit Security Ltd ( Re Lloyds TSB) £6972.41 (Home improvement Loan)

Credit Security Ltd ( Re Lloyds TSB) £1605.43 (Credit Card)

Moorcroft Debt Recovery Ltd (Re Provident Personal Credit) £2114.30

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Hi Shirts,

I am so sorry for all the problems you have been having over the years and can only say that I Honestly know where you're coming from. Due to my ill health and not being able to work we lost our house, we struggled for many years and everything got on top of us when my husband then had to finally give up work to become my Full time carer.

 

Again we carried on struggling and eventually through no fault of our own we were issued a section 21 notice to quit our flat because we could not give the landlord a date of when we would be moving out and into a council place as we honestly didn't know when we would be given one.

I couldn't manage the stairs with my disability any longer and we were advised by my OT to apply to the council.. Thankfully someone must have been looking down on us because 2 weeks before we were due to quit we were offered a Disabled flat...

 

Money worries eased a bit as the rent was less but it still wasn't great so we three months ago went for an IVA.. It was the best thing we could have done, we are still able to hold our heads high knowing that we are still paying something towards our debts but they have all been taken away and we no longer get all the phone calls and letters every day demanding money..

 

Life is still tight, no room for luxuries but at least we can afford a hot meal every night instead of sandwiches as we often used to have as we couldn't afford to eat.. We didn't want the stigma of Bankruptcy and lose total control of our money or bank account so an IVA was the best thing for us. Everything was handled with care and understanding and everyone was really helpful and are only a phone call away if we need them. We now only have to pay £235 each month instead of the £1,980.+ we were having to find every month... This money is paid over 5 years and after 6 years you are considered debt free and have a clean credit file...

 

We have a little bit of spending money which means that now due to my health I get what I need instead of having to go without as we always used to have to do. We still have to keep a tight rein on how we spend but it's a lot easier than before and as I said, we can hold our head up..

It would have been easy to go for bankruptcy but I wasn't comfortable with that and although we didn't owe a lot compared to others it was a lot for us and would have taken a lifetime to eventually pay back on benefits.... Hope this helps somewhat Shirts..

Edited by ragsrule
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Hi Shirts and welcome to CAG

 

Have you sought help with these debts from one of the recognised free services like National Debtline - https://www.google.com/url?q=http://www.nationaldebtline.co.uk/&sa=U&ei=sj-ZUYepBKSW0AXOyIEI&ved=0CAcQFjAA&client=internal-uds-cse&usg=AFQjCNFEd4tBmlVW6QsamGJEiRwU248MQg

 

They may be able to offer help and advice about your circumstances.

 

Have you challenged the debts in any way, for instance by sending the creditors a CCA request. You'll find a CCA request template here - http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Have you kept all the paperwork relating to these debts. In particular, did you receive Default Notices for either debt.

 

:-)

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