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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Sorry  Noted x   Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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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.

      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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      This is good ethical practice.

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Payday Overdraft Andrew hart Help Please :) - ***Won***


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Do you have a list of the charges? I would put in a counter claim for those charges and interest. Also add £9.25 an hour for your time in sorting out your paperwork. In civil matters litigants in person can be awarded costs for the work done in connection with their case. The rate is £9.25 per hour, claim that as well. I don't see enough being added to cases here lately, people should always add thier time costs to their cases.

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Do you have a list of the charges? I would put in a counter claim for those charges and interest. Also add £9.25 an hour for your time in sorting out your paperwork. In civil matters litigants in person can be awarded costs for the work done in connection with their case. The rate is £9.25 per hour, claim that as well. I don't see enough being added to cases here lately, people should always add thier time costs to their cases.

 

The hr rate is now £18! :wink:

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Oh good even better. Must add that to a Lloyds claim I am doing for a collegue for PPI.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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:) Well yesterday i spoke and to the hsbc manager in london bridge and showed him a few emails and contract and the claim as the was printing of statments for me to show me paying andrew hart! :) bless themthanks for the 50 page statment but the good news and cheered me up was that the manager said,

 

"This is the most unforceable debt and contact i Have ever seen", :)

 

This made me happy

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Its a lot more than £9.95 now for Litigant in Person charges, it is £18 an hour. (Just checked my own post, hence the edit).

 

Good morning to the two guests at 9.25 on a Saturday morning.

 

The fact that the bank manager said the paperwork was unenforcable should be got in writing, and with his comments on what makes it so.

 

The judge unfortunately may see otherwise.

 

At least now you have proof you paid him and have paid the original loan amount - use that against him at every opportunity.

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Ali Sethi? Hope that’s not a joke by him... Do you have a copy of the WS? Where does Mr Sethi say he’s from?

 

That’s a bit like you having Salman Rushdie as your brief.

 

 

(Edit: Just checked Law Society – he’s not a solicitor.)

Im sure that Ali guy is one of his admin team,,

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Interesting read! And well done in letting this go to court! Hopefully the judge will do something about this now.

 

I did consider taking out a payday loan with this company. I'm so glad I didn't bother. I've had my fair share of grief from a few of the bigger payday lenders. I'm not envious of those who are having to deal with this psychopathic bully!

It never rains but it pours...

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The judge won't take much notice, unless CAG is specifically mentioned (and it has been in POCs) don't say anything about the site and the discussions on this.

 

In this case the original loan amount has been repaid so he has no case for 'after contract fees' whatsoever. That is the key fact in this case and that is what should be emphasised as many times as possible during the hearing.

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He's told me several times that he will issue multiple claims for the same matter. So he might try. But it wouldn't get very far :-)

 

 

Has he said this verbally or in writing ?

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Uploading documents to CAG ** Instructions **

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1: How can BCOBS protect you from your Banks unfair treatment

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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He sent me lots of emails that he was going to issue more court action after he had already initiated court action!

 

Have you kept the emails? These could be included with any defence/witness statement that you present to the court.

 

At the very least you could copy them to the OFT.. if he has already initiated litigation, then to threaten to keep on issuing court claims is not on.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you received a court claim yet ?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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