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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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      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.  

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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.
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      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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Barclaycard selling off old Egg Credit Card to Robinson Way


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you should be on the roll

not being on voters is a stupid idea

only hurts your credit rating more..

 

it might be worthy to send the cca request yes.

 

not only for the fact of forcing the production of an enforceable CCA

but to legally inform a creditor you've moved.

 

its not a good idea to run away from debt and hide

you leave yourself and your mrs if this applies to her too [going by the no voters]

to backdoor CCJ's that you don't know about so cant defend against

 

the days of running and hiding are long gone, and to be honest

a very old wives tail that should never have been suggested by any forum .

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh I couldn't agree more.

It was actually Mrs S who opted out of the roll as she had issues a long time ago with a previous ex who was not the nicest of people.

- but that was a very long time ago.

 

Sorry, I should clarify, we're both on voters, but not on the public register.

 

And no, I don't do running and hiding.

 

The credit rating to be fair is the last of my troubles at the moment.

It's been shot for years, and will be until I clear all of my debts, which will not be for years!

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defaulted dates are the clue.

sorry for the wrong idea on voters

no harm in not going public.

sorry

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

No problem.

 

So date wise it goes like this;

 

Payment arrangement with egg which was maintained right through to barclaycard taking on all egg card business (2012?). Iirc I started the payment arrangement with them around end of 2005 into 2006.

 

At that point a new card number was assigned along with notification that barclaycard were now in charge.

 

I rang barclaycard to discuss arrangement and to see about getting payment details for such.

 

Barclaycard collections said that someone would be in touch in due course as they 'had nothing to do with this at the time'

 

I continued to make payments to the old egg banking details I had until I heard something back.

 

Since by 2014 I had heard nothing I stopped the payments.

 

The next contact was this one with barclaycard informing me that they have sold everything to hoist- ironically for probably a pittance of their worth.

 

So I've never really defaulted on a payment arrangement as far as I was concerned.

 

Would I be right in thinking that barclaycard have written off the debt and anything that hoist make over and above what they have paid is all profit for them?

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Have you CCA'd them?

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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  • 9 months later...

I hadn't realised how long it's been since this thread was updated!

It's been since the other side of last year that I've not heard anything after sending the CCA request.

 

Both Barclaycard and RW have remained silent.

Barclaycard however did comply with my SAR and sent me a massive file of nearly a ream of history with them.

 

If they (RW) have called and not left a message then they've probably been caught up in the auto ignore of all the telepest phone calls we all get on a daily basis.

 

So I suppose I'm asking where do I go from here?

I've not had any reply to the SAR or CCA from RW who wrote to say they had referred back to the original creditor (Barclayshark).

 

Were they to call / write etc do I entertain them?, and if so, how?

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 4 months later...

So after many months of no contact other than the usual pestering phone calls and automated calls ( of which I had asked them to stop and only communicate in writing- obviously ignored), I received a letter with a Notice of Assignement.

 

Hoist Portfolio Holding Ltd (HPH) has sold my account to Hoist Finance UK Holdings 1 Limited (HFUKH1L)

 

They've basically sold my alleged debt to themselves haven't they!

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yep means nothing

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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