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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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I woke up to knocks at the door early in the morning. I opened the window and two men on my drive said they were court Sheriffs and that they had a high court writ. I have made an application to court to have the judgement set aside as i was not correctly served and have not been able to defend myself. I am waiting to hear back on that and also a stay of the writ.

Meanwhile i am expecting the bailiffs to return.

The bailiffs kept telling me that i had to let them in and if i did not the would call a locksmith, this is on their first visit. I spoke to them from a window and told them i would not be letting them in until i had got legal advice. They sat in their car for nearly 2 hours, saying it was going to cost me, until i managed to get through to a solicitor. Whilst on the phone to solicitor they handed me a pink sheet through the window. On there it says that the car on the drive, registered to me and all goods in the demise property.I did put them on notice that although the said car was registered to me it was part of my late mothers estate that i am administrator to and have sent them documents to prove this matter.

Now i would appreciate it if someone could explain is that pink sheet what you call a levy? Does the car have to remain on the drive although the estate solicitors have advised the bailiffs that it is Estate property. Also does that mean all goods in my house are levied although the bailiffs have not been in my house or know what i have her? I never signed anything, pink sheet was handed to me and bailiffs got in their car and left.

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The levy on items in the house would not be valid, as they would have had to gain access and list items. The levy on the car is debateable.

 

If you can legally use the car on the road, then yes I would say there is nothing to stop you using it and if it is property of an estate, the people responsible for the estate can take it somewhere for safe keeping.

 

What debt is this ?

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Its from an ex landlord claiming i owe him unpaid rent, which i absolutely do not. I moved out of the property April 2012 of which he was fully aware and i have now found out that he went to court without my knowledge in July 2012 and got a possession order and even went to lengths of getting bailiffs to remove me from a property i was not living in. Obviously court papers have gone to the old address and he has got a judgement against me and i have not been aware or been able to defend myself. Do i have to let the bailiffs in on their next visit?

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Its from an ex landlord claiming i owe him unpaid rent, which i absolutely do not. I moved out of the property April 2012 of which he was fully aware and i have now found out that he went to court without my knowledge in July 2012 and got a possession order and even went to lengths of getting bailiffs to remove me from a property i was not living in. Obviously court papers have gone to the old address and he has got a judgement against me and i have not been aware or been able to defend myself. Do i have to let the bailiffs in on their next visit?

No you apply to the court for a setaside, and a stay, the stay is importasnt as it will stop the HCEO, wonkeydonkey, is the best one for this, will pm for you

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Have you actually submitted your Set Aside application & also the one for the Stay? Which Court(s) have you submitted them to? Which Form(s) did you use?

 

Is it possible you can scan & post up the paperwork you have been left - best done as a PDF file but remove all personal info? As well as the pink sheet were you given a Form 55?

 

When visiting a residential property the Enforcement Officer can only enter the premises by peaceful means. They CANNOT use a locksmith or force entry. I assume the car belonged to your late mum and it is in your possession for safe keeping?

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The HCEOs cannot force entry to a residential property but could force entry to an unattached garage or other building (barn etc). They should not be threatening to use a locksmith to a residential property.

 

To prevent further enforcement action, as stated above, you will need to apply for a stay of execution. If the car levied does not belong to you (the judgment debtor) then a third party claim should be sent to the HCEO in writing for completeness.

 

Unfortunately, these kind of cases are becoming all to prevalent where a landlord sues their ex-tenant for rent but uses an address they know they are not resident at, namely their own rental property. I know of one former enforcement officer (pretending to be a real 'Sheriff' - his words) that actively promoted this at various landlord networking meetings. There were few Youtube videos out there showing this.

 

It only makes our job harder and is often a waste of time, money and effort.

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HCEOs nicely put

We could do with some help from you.

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

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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