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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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strict choice housing scheme requirements


worried33
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I have been in my current flat for 9 years and currently I get all my rent covered by housing benefit.

 

However this year the landlord decided to make things difficult and my terms are changing.

 

Extra £20 a week rent.

New guarantor required even tho I dont have arrears or ever had arrears. Without this 3 months rent paid in advance.

Early termination fee payable in advance

 

So to renew I need this amount of money.

£1245+£495 up front

and extra £20 month rent.

 

Council and charities have confirmed housing benefit will not cover extra rent, in fact I actually already get more than the allowance which I think has only been allowed as I was getting it anyway before the rates got revised.

 

My only income is ESA SG. Given the situation I have put in a claim for PIP although I think I will only be rewarded lower rate mobility.

 

It seems most councils will allow people to get on their choice schemes for needing more affordable housing, but my council seems very strict, unable to afford rent is not a valid reason and they wont let me register. They told me I can only register when I am actually homeless and only then if not intentional homelessness.

 

Shelter have advised me I am in a very tough situation, I can be deemed intentional homeless if I refuse to sign the new tenancy terms, but also likewise if I sign knowing I cannot fulfill the terms. My landlord has said if I dont sign I will get a section 21.

 

My council just kept refusing to acknowledge the private rental market is completely out of touch with local housing allowance rates and refusing me access to the housing association property market. Bedsits in my area cost more than the 1 bed flat LHA rates, thats how much of a difference there is.

 

I found one housing association property on housefinder thats the same rent as LHA rates but sadly they already got a tenant, they said they got 200 available on choice website, but just this one available outside of it.

 

It does seem a bit of a [problem] to be honest, one has to be homeless to get access to affordable housing.

 

My sister's council choice scheme doesnt have such requirements, one can register simply for 'affordability' reasons. But I do require a 'local connection', my sister however has only lived there 2 years (didnt tell them this), and they want 5 years as a minimum term for a relation.

 

Is there any advice on how to get housing association properties outside of choice schemes? or low priced benefit friendly places? I did wonder why these places never seem advertised and now I know why, they all seem locked away by the councils.

 

I have registered on all the housing associations on my councils website, none of them have any properties available, but have been told I have to do this and keep checking them or I risk been deemed intentionally homeless. I dread to think what happens then, do they literally chuck me on the street? What a society.

 

Since I have mobility issues and where I live now I currently cannot have a scooter, I am going to ask my GP this week if i get on the scheme for medical reasons, but I dont know if she will support me on that.

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Hi worried33

 

I really do sympathize with your situation which is a difficult one to get from private housing to social housing for the reasons you describe.

 

The actions you have taken by trying to apply to as many housing associations etc is what I would have advised even then as you have found out there are also barriers.

 

What I would advise is for you to get together as much medical evidence as possible (GP, Hospital Consultant, Occupational Therapy etc), in fact have you contacted the councils social work team to ask for an Occupational Assessment in your present property.

 

You need to get as much evidence as you can to give you a strong case.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Have you tried applying for discretionary housing payments to cover the extra upfront money they want, and possibly even the extra rent?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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England or Scotland?

 

Although I doubt it matters in this case.

 

You have been living in the same property for 9 years? If so you have a local connection by default. If your sister provides support or any caring duties even better tbf. But it's the 9 years which counts.

 

As for making yourself intentionally homeless are you sure the Shelter person said that?

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless/intentional_homelessness

 

But it would be considered unreasonable for you to stay in your accommodation if:

 

you or someone you live with was experiencing violence or threats of violence

the accommodation was very poor compared with other local housing

you couldn't afford the rent or mortgage payments unless you went without essentials such as food and heating

the accommodation was causing damage to your health

 

Basically asking you to stump up so much money in advance is unreasonable and pay an upfront termination fee? Seriously!

 

Being honest it looks like they want you out so you need to be pro-active about things.

 

Have you applied for the housing list? If not do so also there's an extra section you need to fill in for disability .

 

On the contract thing as above I seriously doubt that you could be accused of making yourself intentionally homeless by not signing. You do need to be careful though if the rent is above the LHA limit as signing then being unable to pay is considered to be one reason.

 

Next question is and this is very important is your deposit protected and in an approved scheme and do you have the prescribed information and was it given to you within the correct time frames?

 

Even if you think it is check to make sure it still is!

 

I'm assuming you've signed a new contract since 4th April 2007 if so it has to be protected. If it isn't don't tell your landlord as it's a very big potentially expensive bargaining chip!

 

Any further advice depends on deposit protection.

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  • 3 weeks later...

Hi worried33

 

Is there any update on this at all?

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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