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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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      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.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Statements on fixed sum agreements


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A few questions for the legal eagles (and other parties) on here.

 

I have two fixed sum agreements. One is enforceable and the 2nd is doubtful.

 

Having read parts of the CCA1974, I was particularly interested in sec 77A. Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

It states that a creditor must give the debtor a statement within one year of the agreement starting and every year thereafter.

 

I have never had a statement showing the outstanding debt or the payments made on either agreement. Both agreements were entering into beginning 2005.

 

My questions:

1 Would sec 77A(6) now apply to these agreements?

 

If they did not meet their obligations under this section, then they cannot enforce the agreement whilst they remain in breach?

They cannot charge interest during the time that they breached?

The debtor does not have to pay the default amounts during the period of the breach, even if the breach is remedied?

What happens if the creditor issues a default notice during the period of breach and terminated the agreement?

 

I am sure there are many of us out there with fixed sum agreements who have never received a statement of indebtedness from the creditor over the term of the agreement. As long as you keep paying, the creditor leaves you alone. Is this a new can of worms or has it been discussed before?

 

Advice appreciated.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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A few questions for the legal eagles (and other parties) on here.

 

I have two fixed sum agreements. One is enforceable and the 2nd is doubtful.

 

Having read parts of the CCA1974, I was particularly interested in sec 77A. Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

It states that a creditor must give the debtor a statement within one year of the agreement starting and every year thereafter.

 

I have never had a statement showing the outstanding debt or the payments made on either agreement. Both agreements were entering into beginning 2005.

 

My questions:

1 Would sec 77A(6) now apply to these agreements?

 

If they did not meet their obligations under this section, then they cannot enforce the agreement whilst they remain in breach?

They cannot charge interest during the time that they breached?

The debtor does not have to pay the default amounts during the period of the breach, even if the breach is remedied?

What happens if the creditor issues a default notice during the period of breach and terminated the agreement?

 

I am sure there are many of us out there with fixed sum agreements who have never received a statement of indebtedness from the creditor over the term of the agreement. As long as you keep paying, the creditor leaves you alone. Is this a new can of worms or has it been discussed before?

 

Advice appreciated.

 

Hmm I have to say unfortunately I always tend to choose the lender who sends these statutory requited docs :-(

 

I think its a point you may consider mentioning to a lender when the time is right ;-)

 

S.

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Fortunately, Tesco don't and have terminated the agreement on the back of a dodgy DN. :D

 

MBNA don't either ;)

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Anyone care to comment on this from a legal perspective?

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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I'm sure I've read somewhere that they have until Oct09 to produce the first yearly statement, I'll see if I can try and find where I saw it.

 

EDIT: Here you go from OFT site: http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf

 

2 STATEMENTS

Statements for fixed-sum credit agreements

2.1 From 1 October 2008, creditors will be required by section 77A of the 1974 Act5 to provide debtors with annual statements in relation to regulated agreements for fixed-sum credit, such as loans and hirepurchase.

2.2 For agreements made on or after 1 October 2008, the first statement must be given within a period of one year beginning on the day after the day the agreement is made.

For pre-existing agreements, the first statement must be given within one year from 1 October 2008.

 

Thereafter the creditor must give the debtor further statements at intervals of not more than one year, until there are no sums which are or may become payable under the agreement.

Edited by someone_else
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