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    • Yes I have read to ignore anything unless it says Letter of claim  I was just updating stating what I’d received and was asked to upload it  they can keep writing 
    • Steady on, that’s almost as blunt as my response I’m just not sure the OP is going to get the answer / “nuanced response” it seems they were hoping for ……..
    • My mind is a blur so i cant recall exactly what the judge said at the end, but he mentioned that he would be making an order for Evri to make payment to me. I wasn't sure if the court order will also be provided to me, either by post or email - if anyone can shed some light please?
    • Agree with everyone here it's bang to rights. Looks like you just slightly jinked left in order to go right. Ultimately, your time saving attempt is going to cost you as I don't think you have any grounds to appeal. I'd just pay the charge and chalk it up to experience.
    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Please cheer me up as I am sad and lonely


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About a year ago I thought I was one of the most popular people in the country,

 

 

I had loads of ''friends'' ringing me on a daily basis.

Egg, Goldfish, Halifax, Citi Cards, Blair Oliver and Scott, Moorcroft, Iqor, Credit Solutions, Lowell and Arc Europe.

 

 

I had some lovely chats, that really made my day and to hear the phone ring thirty times a day made me feel really popular.

 

 

In the end I got really friendly with them and started to write, a bit like penpals I suppose,

I asked them if it was possible to become penpals with them which sadly meant all the calls ended.

Now I only get calls from my family.

 

 

However, my penpals wrote to me quite regularly and I enjoyed writing back to them and asking them to send me presents,

how upset I was when they did not send them.

 

 

I did try and sometimes I sent them the odd pound or even ten pounds for my special friends,

but they started to send my presents back and send me nasty letters.

I got very upset, how could my friends treat me like this?

 

 

In the end, they really upset me and after a good cry, I wrote to all of them,

and I have to admit that I wrote in quite a nasty way to my friends with very detailed legally backed letters

and one by one all my friends have now deserted me,

 

 

sometimes I do get the odd letter, but my friends really upset me,

so I send it back to them and ask them to leave me alone.

 

 

Now four months later, I have no friends left and I am asking my friends on here to cheer me up as I feel very upset.

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It is sad when they stop writing and phoning, just as you are reaching an understanding with them, I only have one lot in play at the moment and they are very infrequent - they don't have much grounds to stand on and I know it - I think they know that but still like to try to play ball occasionally.

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My friends are running out too, it's so mean of them to ignore me :D

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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Im sure if they ask nicely, you can help others write the same letters to their friends. :p

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I too felt the same way - increasingly abandoned by my friends.

 

But today I received a lovely blue and white stripy envelope offering to help me, so I know that despite the recent lack of correspondence and complete absence of phone calls, I'm not completely forgotten.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I seem to have lost lots of friends as well. Sure it's nothing I have said. Only one old friend keeps ringing and leaving messages but I never seem to get round to calling them back. And if OH or the kids answer I am permanently in the bath:D

 

Even the post is fairly normal these days. No-one has sent me a lovely blue and white stripy envelope:o

 

It's nice to be popular but I am sure in time we will all get over it;)

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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Awww let's have a group hug. I feel your pain. Most of my friends abandoned me, but what really hurts is that I introduced them to some of my other friends like the trading standards, the financial ombudsman, and the office of fair trading. Not even a thank you. I feel so used.

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It seems all our friends leave us when we mention those three magic words. They seem to get embarrased and try to change the subject. They sometimes go red and try to talk you out of it saying they dont want to go all the way so early in a relationship.

 

 

What are the three little words that upset our friends.

 

 

 

 

 

Consumer Credit Act

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Or the other two little words, which made me lose such good friends as Mackenzie Hall and ECI:

 

 

 

 

 

 

 

 

 

Statute Barred.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I had friends like that once until a Judge person took them all away, now they just write nasty false things about me to Equifax!

Yes, but never forget that Equifax, Experian and CallCredit are our little friends' estest bestest friends of all. Why, they're like family to them. They even let them write their own icing on the 'family party cakes!'*

 

(* Credit Reference Files) :rolleyes:

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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I too felt the same way - increasingly abandoned by my friends.

 

But today I received a lovely blue and white stripy envelope offering to help me, so I know that despite the recent lack of correspondence and complete absence of phone calls, I'm not completely forgotten.

 

I had a similar envelope, but it was telling me that my friends didn't want to speak to me anymore and they would no longer write to me either :D

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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Well can you really blame your friends for not phoning you. After all they send out numerous nice letters to you, telephone you many times a day and sometimes even send someone to your door just to see if you are alright. And do you return their calls NO you dont. No wonder they feel sad and lonely

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DCA's need to realize that us debtors have a condition called "Stockholm syndrome"

This was when a kidnapp victim would eventually fall in love with their kidnapper.

Well its now the same with us & the DCA's - we fall in love with them after a while & dont want them to leave us.

We even get severe withdrawal symptoms when they do & refuse to accept that its over....and even stalk them. :D

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  • 9 months later...

I have one question relating to the below

 

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are)

 

oes (if any) give a get out clause for the claimant if one has not been served?

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  • 2 months later...

I have today sent them a letter re two things they have been pursuing me for.

1) They have no agreement and the original creditor can't find one

2) A totally unenforcebale agreement

 

I have included an invoice circa £350 asking for payment within 14 days for my time writing letter, legal advice etc. If they dont pay I will issue small claims proceedings against them.

Will update on here

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they MIGHT admit that they cant take u to court but doubt it,

 

STICK to ya guns and they will back down and in 2-3 months u will hear from anothoer DCA

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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