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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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      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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    • 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
        • Like

Moneyclaim & Interest - Help


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oh, well. Its nice to dream sometimes!!!!!

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Indeed :)

 

Anyways back to the subject of this thread, the £500 interest

 

Now I was thinking of replying to the letter tomorrow stating many thanks for your offer however as you know I am entitled to claim interest on this claim under county court acts 1984. This amounts to x. Therefore I would be grateful if you could amend your offer to include this figure.

 

Possible outcomes?

 

1. They write back with full offer including interest

2. They write back saying, N1 not completed properly therefore I forfeit the interest - in this instance I write back again saying I am aware of this fact and am submitting N244 and revised N1 (I am entitled to do this right up to judgment and only me can apply for judgment-it isn't granted automatically once the 28 days runs out)

 

A question for Bankfodder/Dave on this, am I putting myself in any risk with this strategy, I have read Daves announcement regarding offers in full and holding out for the interest however as I understand it this only applies before proceedings have been issued, mine have been - allbeit with a mistake regarding the interest.

 

Please advise.

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

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Another letter from DG Solicitors, offer in full with the interest.

 

Now we just need to discuss the confidentiality, although I don't think they will want to pay anything for it. No harm asking though.

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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Thats great news.

 

They responded to our claim last week. How long did it take for their solicitors to make you an offer?

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Not long, about 7-10 days from recieving the acknowledgement of service.

 

I'm really glad i'm not going to have to mess about with the N244 forms and all that stuff.

 

Yours should be sorted pretty soon now dont worry.

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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I bet you are. It must be a great result for you. Hopefully we'll hear soon. Will let you know when we do. Thanks.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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  • 5 months later...

MondeoST24 what was the letter you sent to DG regarding the mistake on your claim re interest.

I have just had an offer through from DG for the full amount plus court costs, however not the interest. I included the interest amount in the particulars, but did not add it to the total amount on the other side of the claim...DOH.

I have come up with the following letter, what do you think?

 

Thanks in advance.

_________________________________________-

 

***********

***********

***********

***********

******

 

22nd September 2006

 

Ms Julie Klye

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

 

Re: Account number ********

 

Response to settlement offer.

 

Dear Ms Julie Kyle,

 

Thank you for your letter dated 20th September 2006, offering a settlement of £2271.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, including interest pursuant to s69 of the County Courts Act 1984 at the rate of 8%pa and court costs totalling £2700.31p

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the County Court claim if necessary.

 

Although there is a slight error on the claim form, it is clear from the particulars of claim that the amount of £429.31 is due by way of interest and that I request this in addition. I am quite sure that if the matter went to a full hearing, that the judge would award interest to me.

 

I trust this clarifies my position.

 

 

 

Yours faithfully,

 

 

 

Mr Michael *********

 

_________________________________________________________________

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  • 12 years later...

This topic was closed on 03/08/19.

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

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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