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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.

      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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Safeloans - Successful Set asside


neil6534
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I raised a complaint with safeloans

- directly with them

- re irrisponsible lending

 

- I only had one loan with them way back in 2012

- but defaulted

- didnt respond to their letters and eventually got a ccj

 

- but after writing an email complaint to them which was responded to very quickly

and they agreed to get the ccj set aside

 

- I have spoken to northampton bulk centre who have confirmed this

- yipeee!!!

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And just like that you got a CCJ set aside? Damn Neil... YOu are having some success... :)

HAve you checked your CRAs and Trustonline?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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yep just like that - I can't believe how easy it was to get them to agree to my complaint and request for removal of the ccj - It was only confirmed on the 9th feb so have to wait 28 days for its removal from my credit files - confirmed over the phone this morning with the bulk centre

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For anyone else out there who took out a PDL with Safeloans and had a ccj through them

 

- it may also be worthwhile you pursuing the same course of action with them

 

- the reson why

- this is a statement in their reply to my complaint -

 

"Since the time in question we have migrated twice out of previous Customer Relationship Management systems to our current operating system.

 

We have also moved offices in February 2013

 

and we have since closed our lending business on the 01.05.2015.

 

Therefore we do not have all the data available on historic settled accounts".

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DPA Means should have to keep a copy of the info for 6 years minimum as required.

 

 

Interesting, but you got a helluva result fella. Well done!

 

Ill have a Kopparberg for you tonight! :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 11 months later...

Hi the email address I used was [email protected]

 

 

To whom it may concern,

 

My Safeloans ref = XXXXXX

 

The complaint read as follows;

 

PLEASE ENSURE ALL CORRESPONDENCE TO THIS COMPLAINT ARE SENT VIA EMAIL TO ENABLE A FASTER RESOLUTION

 

I am writing to complain about a loan provided by Safeloans which was defaulted by me and subsequently a CCJ issued in August 2012.

 

My complaint is that should Safeloans Ltd have carried out affordability checks and even basic credit reference checks that this loan would not or should not have been approved. As at the time the loan was provided it would have been clear on any credit reference check that I had previously taken out payday loans with various lenders, was currently in debt with other payday lenders and any credit reference check would have also shown defaults with other lenders. All the information available on my credit file would have shown that I was reliant on payday lenders and therefore a risk.

 

Therefore the loan should not have been provided and as such if it had not been provided then I would not have placed myself in a situation where a ccj could be raised against me.

 

I hereby request that you remove all references to any loan, default or ccj for Safeloans Ltd from my credit files.

 

I understand that you are entitled to 8wee

To whom it may concern,

 

My Safeloans ref = 8wks or 56 days to respond to my complaint, but I do ask that you respond sooner so as not to lengthen the time to resolution.

 

Many thanks

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Thank you for that Neil,

I have just had a reply from them, and they are going to investigate my case, how long did you wait between sending the initial email and hearing their decision ?

 

I have also used your template letter for a couple of other payday loans,

 

I will keep you posted,

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