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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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12 days up for lowell


Dorabell
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If you want to post a new story then

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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hi all just a update lowells 12 days was up today have not heard a thing whats the next step :o thanks marjie06

Just an update to what ?

 

Have you an existing thread dealing with lowells ? If so you should use that to update on :) That way people trying to help you can see exactly where you are upto and what steps you have taken. It also makes it easier for yourself :)

 

 

saint

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  • 2 weeks later...

hi all reqested a cca from lowell on the 7th february there 12days was up on the 25th still no cca just received a text message from BT to ring them asp any body received one of these texts before:mad:

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hi all can some one please point me in the right direction for the letter to send to lowell to stop them arrassing me by telephone i have had about 3 in the last hour still no cca:mad: thanks

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Here you go Marjie:

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

 

If you've send the CCA request and they've sent nothing then sit tight. The ball's in their court, not yours. Send the harrassment letter and forget about it until they come up with something actionable. They won't.

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If that's all you got it's a 'no' from me:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I notice on the CAP 1 letter they refer to 'the document' that they didn't need to send, (Oh really).

 

Are they going out of their way not to call it 'the agreement', or am I just being suspicious of their motives?

 

David

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This is wholly unenforceable

 

They do not even make an attempt to refer to the T and C's in the signature document (for example: "for interest rate see scetion 186.1(a)")

 

Though even if it did it would still be unenforceable, the case of Wilson v Hurstanger at Civil Court of Appeal held that the prescribed terms must be found in the signature document and cannot be found in a seperate document/leaflet

 

They are up the creek without the wooden movement type thingy

 

Good case here for all interest back

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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The non complicace letter i posted on your droyds thread would be fine.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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As you may have learned from this forum they are quite easily dispatched, even if my third one did need TS:p

All comments are well meant but i am not legally qualified only CAG educated:D

 

 

In the slight chance i have been helpful please click the scales:)

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HI ALL A UPDATE WITH CAPITAL ONE I HAVE RECEIVED A PHONE CALL OF A VERY URBRUT WORMEN SAYING I NEED TO PHONE CAPITAL ONE URGENTLEY 9 TILL 7 MONDAY TO FRIDAY I PERSUME THEY HAVE RECIEVED MY SECOND REQUEST LETTER ANY ADVICE PLEASE:mad:

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Yes, DON'T PHONE THEM!!!!!

 

You've written to them and they have to respond in writing. :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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hi all a update on our freinds in leeds:lol: received this letter today, still no reply to my request for a copy of a cca i will post it up, any advice on a letter to send next please your advice would be much appriciated :) thanks

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