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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.

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      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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Seems to favour the banks


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My complaint sat with FOS for 2 years. The issue was false accounting by barclays who failed to credit my mortgage with several thousand pounds in overpayments. Adjudicator was inept and useless. Failed to understand facts and simply relayed whatever barclays told him back to me- eventually it went to an ombudswoman who also failed to get her head around things.

 

Barclays consistently refused to provide answers and she got worn down so simply told me the bank had corrected my account and then closed the case.

 

I had no idea how [edited] this organisation is so i believed her. Once the case was closed, it emerged there were NO corrections made and FOS refuses to revisit the case "because it is closed".

 

i got the case files under a subject access request and it shows how month after month they email barclays and the bank simply failed to respond - FOS has no power to do anything.

 

Filed a complaint with the "iNDEpendent Assessor" who sits in the same building as FOS and really is part of FOS, appointed by FOS. But first she fobbed me off 3 times. Now tells me they don't investigate incompetence, just admin failures. OK!

 

Meanwhile my account remains incorrect 2.5 years on and there is nothing i can do about it.

Barclays says "it was dealt with by FOS" and refuses to discuss it.

 

In short - all these establishment organisations are as [edited] as each other, they collude and cover for each other. I should have known better. It is no wonder these banks behave the way they do - they are untouchable and they know it and there is not a thing you can do about it, little consumer.

Edited by honeybee13
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FOS are useless. Ignore documentary evidence provided by the consumer and believe everything financial institution says even though they provide no evidence or audit trail.

 

Can't you bring a fresh complaint rather than reopen the old one? If you've got evidence of the over payments and incorrect statements, what about a claim via small claims? How much are we talking about?

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Hi

 

It is not really in dispute - as I have audio recordings of barclays conceding the account remains incorrect 2.5 years on. This individual, whom i believe to be misleading (personal opinion based on evidence gathered) then made numerous contractual agreements with me, but then misled me repeatedly that he had implemented these when he had not. It's the fact they have a staff engaging in misconduct but you cannot report it that gets to me. He is in the complaints dept. So if i complain about his misconduct - it ends up on his desk! He already informed me he is dealing with another of my complaints. Anyhow I am now looking in to handing my evidential pack over to their anti corruption unit- although it has taken forever to actually establish that they have one!

 

I don't want to go via small claims as the fact is, barclays will have expensive barristers to throw at me and they will know all the tactics and legal games to play. Meanwhile - i still cannot make overpayments. That is my priority, i just want a competent manager to deal with the misconduct and correct my account, but apparently that is impossible.

 

I actually tried to post separate threads about this but they keep getting merged.

Edited by citizenB
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I took my complaint to the FOS about my bank Halifax lending me money I cannot pay back.

 

I heavily quoted parts of the lending code which the FOS ignored, quoted that Halifax had breached it own lending criteria, again FOS ignored.

 

The FOS had ignored the fact that I was in financial difficulty bearing in mind I was in an IVA had missed payments on the loan etc etc.

 

They sided with Halifax saying they did nothing wrong even though I am in debt to the tune of nearly £15K.

 

It is just a pity that there is nowhere to turn to to voice the fact the FOS are a complete shambles!!

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People suffering financial hardship become desperate and over extend themselves again. That's why there's guidelines in the Lending Code etcetera about irresponsible lending.

 

that's why I replied as I can comment from a bad experience with a certain bank, in which I nearly lost everything.

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I think the only way you will get resolution now it has been considered by the FOS is via the courts.

 

In a small claims case of £10k or under your exposure to the defendants costs would be minimal unless you litigated unreasonably and wasted court time and costs. The nature of these capped costs mean that they may not be as tough a nut to crack as you think they are, especially if you have the evidence you say you do.

 

People here can help with the process.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...
People suffering financial hardship become desperate and over extend themselves again. That's why there's guidelines in the Lending Code etcetera about irresponsible lending.

 

I heavily quoted certain parts of the Lending Code that Halifax had breached and yet the Ombudsman ignored the evidence I had submitted. I even went to lengths of contacting the Lending Standards Board about these issues, I never got a satisfactory response back either.

 

I dont see the point of having a Lending Code if banks breach it and complaints of breaching it are ignored.

 

I am just very angry my bank threw money at me left right and centre, putting me into debt, and then refusing to accept responsibility that they had lent money to someone who is unable to repay it.

 

Halifax are an appalling bank to say the least!!

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you borrowed the money yet you were not in a position to repay it??????

So what? Is this not the standard in the banking industry?

"Ask not what your country can do for you, ask what you can do for Poundland"

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