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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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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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Coop account and hardship


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Hi,

I have a friend (no really) who has debt problems which are being added to I believe by the charges levied on her account.

 

 

She had a basic account with no overdraft facility

although she did keep going overdrawn and hence accrued charges,

these have snowballed as happens and resulted in the account being closed.

 

The thing is she is on benefits which the bank are obviously aware of and as soon as the benefits are credited they have been swallowed by charges adding to the debt problems she has.

 

I have tried finding posts on here but dont seem to be finding what I need so can anyone point me in the direction of reclaiming charges under hardship rules if this is possible.

 

would it be prudent to send an SAR or is this likely to be a dead duck ?

 

I am in the process of collecting all the info that I can.

Cheers

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First things first is to get a NEW bank account with a separate banking group, otherwise the bank will steal anything that goes in.

 

SAR the bank yes, find out exactly what charges have been levied on the account, and the interest charged, then under the hardship rules reclaim them.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hardship letter should be in the debt collection section of our library

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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Thanks, yes that is in hand not quick enough unfortunately, got her to apply for a post office account yesterday but they have closed her account today. not good !

 

Matters not one jot if they closed her account, open another one, and reclaim all of the charges the parasites levied as they knew she was in financial hardship.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They closed it when she was in the black, refusef to let her have the 30 quid she had on saying that she might be overdrawn in a few days !!

Its the inconvienience of not having any alternative and done with no notice.

Really stinks.

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They closed it when she was in the black, refusef to let her have the 30 quid she had on saying that she might be overdrawn in a few days !!

Its the inconvienience of not having any alternative and done with no notice.

Really stinks.

 

Then she needs to lodge a formal complaint with the bank, exhaust it, then escalate to the ombudsman.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yes, complain. notice should be required.

and any money available at time of closure or withdrawal should be paid back out, regardless of what might poss happen in the future.

it seems coop bank is on the way out.

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  • 1 month later...

My advice would be to get your friend to join your local credit union. Not only will they provide a Visa debit card, they will encourage her to save a little each month, even £10 mounts up. The other good thing with a credit union is that loans are available, some on joining. Typical loan of £300. They do everything a bank does, but a lot better and without all the charges. Unlike banks, they will lend £500. I've used the Lincolnshire Credit Union for many years now and have received an excellent service.

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I had similar problems with the coop bank a few years ago now. They closed my accounts with very little notice, said that because I was just a basic account holder that it operates with different rules from a normal bank account. Even after banking with them for over 5 years they still closed the account and never upgraded it to a normal account.

 

I joined Barclays and opened apt heir basic account. 4 years on and it's been the best decission I've made. I now have a normal account. Their online van kings a great help, but what I've found the biggest help is that they will pay a direct debit, if you don't have enough in to cover it they will text you with the minimum funds needed to pay the DD and you have until 3pm of that day to get money in.

 

It's really hard when your at the bottom with no way out, but finding a better bank can really help you start yo straighten things out

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