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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?
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Round 1 to BelstarBomb


BelstarBomb
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Firstly,

 

A HUGE thank you to a certain someone in accompanying me to court today. You were a great support and fountain of calm and knowledge and that helped me tremendously:D

 

Anyway, a certain bank had supplied in response to my CCA request a partial copy of an appliaction form that did not have my signature or the prescribed terms on.

 

Despite a SAR request and numerous CPR31.15 requests specifically asking for a copy of the properly executed CCA, I was ignored and was then served with court summons.

 

The court gave both parties ample opportunity to come to a settlement but the claimant and their solicitors did not acknowledge or respond to any letters that I had sent to them.

 

So today, I attened court with Tam for a directions hearing. The Judge had earlier directed that he may strike out the claimants case as well as my defence and that he would also like us to attempt a settlement.

 

We were suprised when we arrived to find that a Barrister had been sent but took that as a good sign!

 

The Judge was lovely! Having looked at my defence he asked their barrister where was the properly executed CCA as he could not fail to notice that there were no signatures on the paperwork supplied. I also chipped in that the blank application form also supplied was from 3 years after I had applied for the card.

 

The Judge listened patiently as the barrister explained that in his opinion, th ebank had fulfilled their part of s77/78 as they had sent a copy of the application form, the T&Cs and confirmed the state of the account.

 

The Judge sat their and waited and suggested that he get his book on the act and then read out s77/78 and asked the barrister if he felt that his client had still complied?

 

Less confidently he stated yes and started rabbiting on about s65 of the act and s127 to which the Judge sat quietly and looked and sighed.

 

He commented on my well laid out defence and advised the barrister as far as he was concerned, his client hadn't. The barrister said that they were still looking for the CCA and could they have more time, to which the Judge replied the clock 'had been running for the last 6 months and had now stopped'

 

He also pointed out that the CCA should have been attached to court paperwork from the claimant and that they had wasted everyones time by not doing so.

 

In short, he has now stayed the claim and given the bank 40 days to get a properly executed CCA to me and awarded me costs. The barrister tried to argue the level of costs - less than £100 for childcare - to which the Judge reminded him how much he thought costs would be if it was a solictor sitting on th eother side of the table instead of me. Silence from the barrister!

 

What have I learnt from today?

 

To be prepared in your court preparation - it was fun to see the barrister shuffling with all of his paperwork looking for a document to which I found in 2 seconds and sat patiently smiling at the Judge whilst he still looked for his!

 

There is still confusion as to what constitutes fulling a s77/78 request having the ombudsman refuse a complaint from me with the bank in question supplying less than what this one did.

 

If you are at court or about to go ensure that the CCA has been supplied by the claimant as apparantly not all Judges pick up on it.

 

Believe in yourself and the law system.

 

Ruond 1 to me, and I will keep you posted as to whether or not they find the agreement and what we will do next.

 

In the meantime, I am off to enjoy Christmas, will supply a copy of the Judges findings to the FOS (as if it will help but miracles do happen!) and then will chase the claimant for my money!

 

Good luck guys and Merry Christmas!

 

Bel

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Well done to Bel and your partner in crime lol,,,(who attended with you for their calming influence);)

 

and to Cag of course

 

am subbing as ive learnt again preparation is key to all this thank you guys

 

have a fun day and everyone enjoy christmas and lets all have a successful 2010

 

cheers

 

angel x8-)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Excellent I had a similar experience and it just goes to show if you do it properly, understand the subject matter and can present yourself with confidence there's not much they can do to wriggle out....this should encourage anyone in a similar situation

Live Life-Debt Free

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