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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.  

      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.

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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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LYNZFA vs NATWEST **WON**


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i recieved a copy of the bnks a/q today fromthe solicitors.

not sure what the first word says as its all squiggles

it says

p--------- to cpr 3.4(2)(a),the defendant would ask the court to strike out this claim.The claimant has not shown that she has reasonable grounds for bringignthe claim and despite the defendant requesting that the claimant remedy the lack of particularity pleaded in the particulars of claim within 14 days,the claimant has only provided the attatched letter and an updated schedule of charges.The defendant therefore respectfully requests that the claim be struck out.

w2hat does this mean.has anyone else had the same or am i not gnna be getting my charges back.

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What did you put in your particulars?

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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i recieved a copy of the bnks a/q today fromthe solicitors.

not sure what the first word says as its all squiggles

it says

p--------- to cpr 3.4(2)(a),the defendant would ask the court to strike out this claim.The claimant has not shown that she has reasonable grounds for bringignthe claim and despite the defendant requesting that the claimant remedy the lack of particularity pleaded in the particulars of claim within 14 days,the claimant has only provided the attatched letter and an updated schedule of charges.The defendant therefore respectfully requests that the claim be struck out.

w2hat does this mean.has anyone else had the same or am i not gnna be getting my charges back.

 

What did you actually put in your particulars - as if I remeber they had something like this in the defence - did you rectify the situation then?

Consumer Health Forums - where you can discuss any health or relationship matters.

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i said i was claiming for unlawful bank charges as i didnt agree with the amounts i was being charged for going over my overdraft or for direct debits been returned.how can they not understand this.its simple enough i want my money back that they have took off me.now im gettingworried

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i said i was claiming for unlawful bank charges as i didnt agree with the amounts i was being charged for going over my overdraft or for direct debits been returned.how can they not understand this.its simple enough i want my money back that they have took off me.now im gettingworried

 

Is that exactly what you put or did you use the template and quote the relevant legislation ot back your claim?

Consumer Health Forums - where you can discuss any health or relationship matters.

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that is basically what i put,i didnt use any template

 

lynz - you need to bring this to attention of a mod as it is very likely that it will get struck out as you have given no legal grounds for your claim - I don't know if you can rectify at this stage or if you have t withdraw and start again. Have you any other claims in that we can maybe help salvage?

 

Don't worry - the site will help you, this happened to someone else a few eeks go and they got help from the mods - but you need to seek help now - pm someone -

Consumer Health Forums - where you can discuss any health or relationship matters.

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AQ recieved from the Sols today.

 

No such things on mine. Lets rock and roll.

If I do give you advice please be aware of the following:

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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Got my AQ from Natwest/Cobbetts today too. Mine's just clean cut and straight to the point. No extra notes filed or anything.... ?

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Customer Help Desk Money Claim Online

The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:

Tel : 0845-601 5935

Fax : 0845-601 5889

If you prefer to write your query instead, please contact:

 

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

or e-mail to [email protected]

 

 

Courts address, you need to call them and speak to them or write or e-mail and ask them for help, have your claim number to hand. They will tell you a simple yes or no if you can amend your claim. I will attach below the particulors of the claim i used and WON with.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Claimant has account (A/C No-Sort Code) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

Just fill in the blanks of that if you are able to amend the claim. Im sure it will be fine. Just call the courts, they aren't against you or for you so i would just call them ask them the question. Good Luck and keep us updated.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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i have contacted the courts and they have said coz my claim has been processed i cannot change anything on my claim.Also they have carried on with the claim for the wrong amount.i entered the wrong amount on my claim but then asked it to be amended.i was told it could be amended now they are still claiming for the same amount and i cant change it.what can i do

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From having a look at how the court system works i would think they will stike out your claim, however i would imagine that you will be able to re claim for this next time. Can't you call the courts and ask them to cancel the claim and then re start it. I know its gutting but at least you have learnt now.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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i have already handed in my a/q they wont let me cancel the claim as it is apparently being looked at now so really there is nothing i can do.if it is struck out and i have to claim again.do i have to start all over with the letters or can i go straight to the mcol

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No you can go straight into the MCOL stage. Im sorry you are having hassle but at least now you know how it works and it won't happen next time. Good Luck.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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