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    • 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 and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't 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 members of suggested above – it should be the final version. court, that I would respectfully requestup but 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.

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      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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Advice with this NEXT letter


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Hi all

 

My gf decided to send some CCA requests after i had done so with the brilliant advice on here and i enclose the reply she got from NEXT. I know they can send a true copy but what does that actually mean?

 

If you look, they say they enclose 3 sheets: true copy, current copy, statement of account

 

BUT there are only 2 bits of paper attached, so i dont know if thats a genuine mistake, or if they mean the true copy and current copy are the same thing??

 

My main question is, what should we do in reply- keep paying? (its currently on a DMP) or tell them feck off

 

as far as i know this would have been a next catalogue debt

 

the letter was sent to Moorcroft who must have sent it to next.

 

It seems this is a blanket letter thats not even been read: i used the template on here and nowhere does it say that the debt is unenforceable like they claim i stated??

 

thanks

tre next.pdf

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check through their paperwork with a fine toothcombe. Next will try to fob you off with a doc that does not comply.

 

a pre April 2007 true copy/recon can be problematic for the creditor, where enforcement via the courts is concerned (ccj). They can however sell the debt and/or try to chase for payment.

 

If the paperwork they have sent does not comply and they sell on the debt or a dca sells on the debt, you can send Next or the dca a sold whilst in dispute letter.

 

check on this site as to what should be included following a c/a request and what is, is not enforceable.

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When was the account opened?

 

If youre unsure, the start date should appear in the credit files on clearscore and/ir noddle.

 

Pre april 2007 it must be the original

Post april 2007 it can be reconstituted

 

These dates are important

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Hi everyone

 

thanks for the replies. On the paperwork they sent the start date is 17/10/05 and also on the t&c sheet there is a small part that says " until the 24th nov 2005" so it must have bene opened before then

 

so you think they cant take this to court? ive read that by placing orders and paying for them this constitutes some sort of agreement but doesnt that matter in this case?

 

reading between the lines the letter seems to have a general tone of "we can report you to the CRA" but not much more

 

thanks

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They need the original pre 2005. They know this and hope you dont

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If they havent fulfilled the cca, just ignore them. If moorcroft are involved, then the debt is likely unenforceable. However, start doing your homework. Check for reclaimable charges etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Late payments fees, overlimit fees, returned dd fees, anything that has a fuxed fee

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It was stopped for bank accounts unless there is clear "financial hardship", that may give rise to a claim.

For all other account types they are still reclaimable.

 

You would need all the statements in order to establish all the fees charged, if you dont have them then a SAR would get you them from the original creditor.

 

There is the 6 yr limitation rule but this can be overcome virtue of s32(1)© of the limitation act 1980, which clearly states that the limitation period does not begin until the "mistake" was discovered by you.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Your welcome, get a SAR off to them if you dont have the statements, there are templates in the library, do not simply print and send, adapt it for your own needs and dont post the template on thread.

Include a £10 postal order for the statutory minimum fee

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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