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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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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    • 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.

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I am so angry today


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Im totally seething just now, someone at some point today, hurt one of my cats and dumped him on my doorstep. Just back from the vets so not sure whats going to happen, all I know is he has a broken tail, cant stand properly and a badly bruised spine.

 

It must be someone who knows us or he wouldnt have been dumped at the doorstep, and they didnt have the decency to let me know.

 

So just waiting for the police now.

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Lestat is going to be fine, he has a broken tail, spinal bruising and a very bruised ego. The vet is unsure what happened, but he was definitely hurt by something or someone.

 

All m neighbours know whats happened and are complete shock, as he is a very friendly cat, although a bit of a wuss!!

 

The police said just to keep my ears open, and see if I hear of anything and let them know.

 

He is currently curled up on one of the sofa's, but cant really get comfy with the bandage on his tail, he has just had some sardines and is totally spaced out of his head on painkillers, the dog keeps going up to him to check, it is so sweet.

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mazbck is lestat ok today? Poor soul. Makes you feel quite murderous doesn't it!

 

Again, I can sympathise, I used to have 6 cats many years ago all rescued and i adored each one of them. Oh, this makes me cringe now when I think of it, and i was so out of order .... but, animal cruelty has to be dealt with.

 

My poor little Sophie, a very tiny grey tabby, was kicked by a neighbour of mine for sitting on his doorstep, and my partner saw him do it. It broke her back leg and when it had all been shaved and pinned you could see the boot mark on her skin. I kept my cool until that evening, I went to my local pub, had a few drinks, informed all the local alkies (all huge bruisers out for a fight) what had happened and by the end of the night nealry every drunk male in the pub was totally wound up over this poor little cat! Many of them walked home with me, and as luck would have it, there was the very brave brute of a neighbour outside his house. Well, I couldn't help it could I? I yelled, "there he is" and that was it, end of problem, as several very large drunk males got hold of him and did to him what he had done to my cat only many times worse. The evening ended with three of them jumping up and down on the roof of his new car until it caved in, and they wouldn;t let him go in the house either in case he called the police! Me? I left them to it and went indoors to bed. Totally out of order, but then we get very over excited about things when we are younger don't we? And anyway, you shouldn't kick animals and break bones. He was ever so pleasant to me after that but he would never admit what he had done in the first place. Nowadays I've learnt its probably better to confine retaliation to the gob - it can be very effective,and you don;t get into quite so much trouble for it either.

 

My boy's off his head on painkillers at the moment, cut foot which got infected within 2 days. I think it hurts me more than it does him!

 

I hope Lestat is ok, at least he knows his mum helped him get better - are you sure he was dumped on the doorstep? I've had a cat with a broken pelvis crawl back to me before. He couldn't walk, and pulled himself along with his front legs on his belly, but he came home to me and got sorted.

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Oh and I must tell you something that gobsmacked me - a local guy complained to the local paper recently that his poor little children couldn;t play in their back garden because......he had a family of badgers living there!

 

Well, I had to reply to that and inform him that rather than try to eradicate these beautiful creatures, he should feel proud that they chose to live in his garden, (or more likely allowed him to share their original space with them - new build) and that rather than isolate his children from nature he should have them all up at the windows in the early hours of the morning studying them, what an excellent chance for youngsters to see first hand what nature is all about! What a stupid man! Grrrr!

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I'd agree if badgers were not violent and teritorial, and didn't spread tuberculosis!

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Oh Locutus - they are beautiful, especially in their natural habitat in the moonlight when they have youngsters! I've been fortunate enough to see this several times in secret locations and I feel privileged. If we keep taking their habitat from them then they will live side by side with us and we should surely appreciate that? If they (and all wildlife) can adapt to live with us rotten lot, why can't we?

 

I do realise that if you were unfortunate enough to have a bite/grip on from one of these boys it would probably remove a finger at least, but why would we want to go and interfere with them, or get close enough for them to do that? They are very shy creatures and will protect themselves and certainly their offspring to the death, and rightly so. No more than any decent human mother would do for her young. And anyone harming them on purpose, well I won't shed a tear if they lose a limb in the process.

 

TB? Vaccinate whatever it is that gets it then, or spend the money to find a way to eradicate the disease. And eliminate cruel and dirty farming practices. Anyway, badgers are not the only culprits in spreading filthy diseases - humans spring to mind as well. Do you remember that vile injection against TB at school? The one that made me faint it hurt so much and roll down the stairs unconscious? (And I still have the scar on my arm 34 years on from it and am now terrified of needles) I dont believe they do that anymore, now why?

 

I don;t have kids, never wanted them, but I did have care and control of two young boys til they reached 18 (well, call me soft but if i hadn;t offered when my mate went round the twist they'd have ended up in the care system). I've taken them to see these badgers at night for a treat when they were 11 and 12 - they've never ever forgotten it, never abuse an animal, and the oldest one who now has his own daughter fully expects me to take him again! He said to me "Aunty Jack I don't want my little one growing up in complete ignorance of nature in a concrete jungle". Well, what choice do I have really, but to take them! I can't argue with that statement.

 

I know animals aren't everyone's cup of tea, but perhaps we should all take a step back and actually see what it is we risk losing if we don't respect and protect it, hey?

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If I had badgers in my garden, I'd leave them. I have 3 girls who'd love to watch them. I'd take the opposite stance of this man and not allow my kids to play in the garden as thats the badgers territory. I don't know this gent's circumstances tho. Maybe he has his kids round for a weekend and is not mobile enough to take them out to a park?

 

Also, the vaccine is only 80% effective (I know as a friend of mine has had it, he was vaccinated and everyone who had been in contact with him had to go get tested... and in 1 of us the vaccine hadn't imunised and had to have another jab!) and it is nasty! My friend only has about 25% the lung capacity that a man his age should have. Cows are responsibly for 80% of TB with badgers being responsible for the other 20%.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Shoot the cows! No, take that back - shoot the farmers!:D

 

Everyone has a go at my old mum for feeding foxes - she's done it for years and every year she gets the delight of watching them and their cubs sitting up on the next door neighbours garage roof in the twilight or early morning. Some years when they've ventured into the garden when she's been around she's had the privilege of actually being able to pet the cubs while mum (possibly dad - not sure) looks on. Do you know the cubs will chase a ball? And rollover to have their tummies tickled?

 

Mind you mother was most put out last year when a large heron arrived at her garden pond and stole all her fish! She nearly had a heart attack when she saw it, and then didn;t know if she was being cruel by depriving it of its breakfast when she netted the pond! I know she went out and had words with it and it just stared at her whilst gulping down one of her favourites. She loves a good row does mother, couldn't quite get her head round the fact that the heron didnt care who she thought she was!

 

And here we go, local paper again, this time a rural community that has some new housing - the insurgents want rid of a cockerel! What I suggest is they move elsewhere. I think of poor Gyzmo and the trouble he's having with his awful neighbours - now, what would we rather have? A street full of drunken mouthy gits shouting abuse at each other at 3am in the morning or a nice natural early morning cockerel call?

 

And again, just on local TV news, yet another seaside town wanting to ban dogs from our beaches all year round. The locals are getting up some sort of campaign and quite rightly so, she says as she reaches for the dogs lead and car keys and heads off to join them! (Not forgetting to ask mother to join me in case I need back up - her mouth will kill a man from ten paces) Shoot the holiday makers! People will soon start complaining from all over when they arrive to walk the South West coast path only to find there are whole sections they can't walk because they have a dog. And don't anyone tell me about kids stepping in dog poo - its not nice but at least its lucky, I've lost count of the amount of soiled nappies, condoms, tampons, sanitary towels i see all over our local beaches early in the morning before the cleaners have had a chance to clean it up. And why is it that when my dog does a pooh, some mother, who's child is also having a pooh on the beach, has to have a go at me? I cleaned it up, she didn't!

 

Grrr! On one today! better go and join those protestors methinks!

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They're not so beautiful if they bite you and give you TB.

 

Just remember that they are not pets but wild animals and see you as the same. For right or wrong, they have set up territory in your garden an dyou need to consider that. If your kids are playing outside and a badger feels threatened, it's not going to think how cute your kids are - it will either run away or attack.

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My parents are very lucky to have their back garden backing on to a forest. You can imagine their surprise to wake up and find these lovely things in the garden:-

 

deeringarden.jpg?t=1250267037

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Jowalshy this is just the sort of thing I am on about - what a beautiful photo! Mind you, do they eat your parents flowers?! I can just see my mum having a strong word with a deer found in her garden! I can picture her now locking horns literally over her prize geraniums! We get loads of deer round here, but we live just a little too inside the town area for them to come this close.

 

Here's another example of mother and her attitude to animals - my aunt is lucky enough to live right in the heart of the New Forest. When i was a little girl, about 4 i should think, there were ponies at the back of her bungalow which used to poke their heads through the hedges. For whatever reason, and I really can't remember, me and my cousins were dropping our shorts and baring our backsides at the ponies. One of them got hold of my backside in its teeth and lifted me off the floor by my skin

and then dropped me! My bottom was just black and blue with a nice set of teeth marks in it. And mum? "I told you not to annoy those ponies - its your own bloody fault and how dare you take your clothes off like that!" and then the expected crack round the head! I've always had the greatest respect for ponies since that day and i will never again bare my backside at one!!

 

I know there has to be caution around wild animals and I wouldn't be so daft as to approach a badger for instance, I have no business doing so, and if I did and it bit me out of fear, then that is my fault. If a wild animal chooses to trust me, and they do know and pick up on us, thats fantastic. However, if it were injured then I would approach it, but you have to wear protective gear for that.

 

I always find if the animal wants to come to you in its own time, then that's a different matter. My mum just seems to have such a knack with wild life - it flocks to her, all the injured and unwanted find her door, and I've never known anything else but to live side by side with animals of some description - and I'm a townie.

 

Everyone to his own I suppose but I can't see how respecting all living things makes anyone a worse person for it.

 

And Gyzmo, its not only wild animals that bite you - I'm being taught to handle aggressive dogs at the moment - on Sunday I received my first serious bite - right in the thigh. I know it hurts and I know all about tetanus etc. My own fault, I took my eye off the ball for a split second. I'd rather I got bitten and managed to rehabilitate a dog than it went for a child - and it never ceases to amaze me how easy it is to change a dog's attitude - for some of us humans 30 years plus in Barlinnie Goal can't do that!

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Luckily for my parents they are not what you call avid gardeners. No flowers etc, just grass and a large oak tree. They have many different critters coming into their garden. They even have a well worn trail that leads diagonally accross their garden from badgers. It doesn't matter how many times the grass is grown and mown, you can still see this trail.

 

I have just spent the last two nights camping in their back garden with the kids. It was great fun, although we didn't get to see anything :(. We did, however, hear the foxes screaming thoughout the night and the crack of twigs broken underfoot.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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Gyzmo, most wildlife eventually will start to befriend you if you regularly feed it and encourage it, now, how about leaving out a nice plate of dog food for that vile neighbour who lives underneath you? Or some bread soaked in milk! Maybe you can encourage her to change her ways too! Perhaps over time, when she comes to trust you, you can have a little game, leave a nice trail of her favourite food, (could be waccy baccy leaves!) heading towards the largest manhole you can find, take the lid off and give her a shove over the edge!" Don;t forget to replace lid.

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