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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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    • 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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Credit card joint liability


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A little known way of getting your own back on them some more....

 

If you have a dispute with a retailer or service provider, and you paid by credit card, your credit card company is jointly responsible for resolving the situation.

 

The parameters are that the purchase is for more than £100 and not more than £30 000. So you could buy a car on credit card and chase them when it turns out to be a lemon.

 

So if you've been ripped off or are unstatisfied, and attempts to get satisfaction with the retailer/service provider have got you nowhere, get on the credit card's case and make them responsible for sorting it.

 

However, this does not apply when you use the cheques that some credit card companies provide. Or if your purchase is overseas.

 

Consumer Credit Act 1974 s75

http://www.oft.gov.uk/News/Press+releases/2004/186-04.htm

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I'm not sure how true this is, but I read somewhere recently that credit card companies will soon have to provide cover for overseas purchases too (some already provide cover for purchases in Europe at least)

I only mouth my opinion, please look elsewhere for sensible advice! :)

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  • 4 weeks later...

This is true. I bought a coat that was of sub standard material from a boutique style shop. I retured it to the shop only to be told by the snotty owner that I couldn't have my money back, I could have a credit note or choose something else.

 

Infuriated, I telephone Trading Standards who told me as I had paid on my Barclaycard and the item was over £100 they had equal liabiliy under the credit consumer act.

 

They suggested in the first instance I put it in writing and also complain to Barclaycard, which I did.

 

Needless to say they obviously rang the shop and gave the owner an arse kicking and I received a very grovelly phone call from her asking me to come back to the shop for a full refund, which now she would be happy to give me.

 

HA!! Also I told everyone I know about their total lack of customer service and I heard her profits had plumetted!!

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  • 1 year later...

Using my credit card, I paid 3 years up front to an ISP for a broad band sevice. After about one months use the company went into liquidation saying that I could claim a refund of charges from a third party. My attempt at getting a refund was unsuccessful as I was never able to establish communication with the third party.

 

I recently heard that my credit card company may be jointly responsible for my loss, but does anyone know if there is a time limit in claiming this as the service was paid for this time 2 years ago.

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Using my credit card, I paid 3 years up front to an ISP for a broad band sevice. After about one months use the company went into liquidation saying that I could claim a refund of charges from a third party. My attempt at getting a refund was unsuccessful as I was never able to establish communication with the third party.

 

I recently heard that my credit card company may be jointly responsible for my loss, but does anyone know if there is a time limit in claiming this as the service was paid for this time 2 years ago.

 

No time limit. You will get back all the money you paid from your ccc less the one month service that was provided.

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A little known way of getting your own back on them some more....

 

If you have a dispute with a retailer or service provider, and you paid by credit card, your credit card company is jointly responsible for resolving the situation.

 

The parameters are that the purchase is for more than £100 and not more than £30 000. So you could buy a car on credit card and chase them when it turns out to be a lemon.

 

So if you've been ripped off or are unstatisfied, and attempts to get satisfaction with the retailer/service provider have got you nowhere, get on the credit card's case and make them responsible for sorting it.

 

However, this does not apply when you use the cheques that some credit card companies provide. Or if your purchase is overseas.

 

Consumer Credit Act 1974 s75

http://www.oft.gov.uk/News/Press+releases/2004/186-04.htm

 

Not quite the case with the example you have given with regards to a car.

 

Equal Liability, not Joint, is based upon your cc provider being responsible for a purchase going wrong if you have paid by cc.

 

It will be basically classed as Breach of Contract and/or Misrepresentation and it will be much easier to get your money back if the retailer you purchased from has gone bust.

 

However, the cc company are not responsible for resolving a dispute, they are responsible for the money involved. Therefore, it will be up to you to try and resolve with the retailer and it may include having to go to court to prove the retailer has breached a contract or misrepresented.

 

Then you can claim the ccc are of equal liability.

 

It is also the case for overseas purchases too. Visa and Mastercard are global.

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When I had an issue with a purchase MBNA did all the negotiating with the retailer for me (because I was getting nowhere) and the retailer ended up refunding 80%, the CC the other 20%, thank heaven I paid by CC or I would have had no refund...

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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When I had an issue with a purchase MBNA did all the negotiating with the retailer for me (because I was getting nowhere) and the retailer ended up refunding 80%, the CC the other 20%, thank heaven I paid by CC or I would have had no refund...

 

Yes, some will differ.

 

Halifax did everything for me in my claim but Egg gave me the run around and I did everything and then they paid up.

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  • 1 year later...

Dear forum

I booked a holiday with freedom direct to turkey. I paid in full with my halifax credit card which is a master card.

Freedom Direct have gone bust and have been taken over by hays travel.

I was informed today, Freedom Direct paid for my flights but never paid for my accommodation. Hays travel told me my credit card company should pay me back. i have called Halifax three times now and on each time been told they are not able to pay me back and purchase protection does not excist any longer and no credit card provider is liable.

I only paid on my card thinking if anything went wrong i may be covered.

i have had to pay a further £908.00 to hays to provide me with a hotel. because the flights had been paid i have to take them or i will lose the money on them as they are not affected.

can anyone help with info please

I am sure there is some thing within the consumer credit act specifically for this issue.

Can anyone who has had this kind of experience or offer expertise in this matter to help me please.

 

many thanks

 

Caz:sad:

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  • 9 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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