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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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Fixed sum loan agreement sent in post to sign secured against property


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I was sent a second copy of an agreement in the post to sign as the original copy that I had signed in the presence of the broker at my home address, had apparently been signed and dated before the 8th day.

 

Are agreements allowed to be sent out in the post for signature considering it is classed as a second charge against my property as I would assume that this agreement would have to be explained to me before signing?

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If it differs from the original then dont sign it.

 

What does " had apparently been signed and dated before the 8th day " mean?

 

Regards

 

Andy

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It has already been signed and it did differ slightly than the original agreement but this has only come to light 4 years later.

 

We raised the question in court as to why the agreement the creditor produced differed from the original copy we have and they said it was because they had to send out another agreement to be signed as the 1st agreement had been signed and dated before expiry of the 8 day letter (I think this may be the cooling off period) not too sure

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Difficult to advise Newto without all the ins and outs is it a second mortgage have you had the funds?

 

 

Andy

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It was a loan for £6000 with broker fees and admin fees taking the amount to £6850.

 

Had the funds, fell into arrears, company has suspended repo against, currently paying "50 per month and have so far repaid nearly £9000 yet they claim I still owe £3336.54 in arrears and £4053 in additional fees and interest.

 

I have more than repaid what I borrowed and want them off my back as they seem to make the figures up as they go along and I will forever be repaying as the continue to add to the debt

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Right we are getting there slowly, so its a CCJ/ Charging Order and you have requested copies of the agreement in an attempt to unravel what the true balance is?

 

From your initial post I thought you was just applying for a second mortgage.:-D

 

Andy

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Apologies, I was mainly trying to find out if they are allowed to post an agreement. This has been a bit if a battle in court so far with I feel the court not really listening properly. How can there be arrears on the account in the amount they say with what has laready been reapid. The other problem is they have evaded court questions and are evading questions and are getting away with it so I am trying to find another angle to take it back to court myself

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If an agreement is posted then its classed as off site and cooling off and cancellation rights come into play.If they didn't send them within 7 days they fall foul of the CCA1974.I think the best thing to do in your case is to send a DSAR to establish all transactions debits/payments.You may have to do the later ones manually from your own accounts as once an account enters collection any payments tend to disappear into a black hole account.Cost you £10.00 but should shed some light on your dilemma.

 

Regards

 

Andy

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What do you want the under writers sheet for ? You have all the transactions you have the agreement you know how much was borrowed and you know how much you have paid.What did the original summons plead and the figure they sued for? What was you in breach of?

 

Andy

We could do with some help from you.

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