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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Reclaiming Igroup/GeMoney charges on mortgage - repo papers received


BarryWat
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Hi all,

 

have now received court papers for possession of the property together with a defence form.

 

What is my best course of action now?

 

Do I just sit tight and wait for my day in court or file the defence earlier or is it possible to file a counter claim?

 

There is nothing that I can see on the defence form to say it needs to be done earlier.

 

The property is currently up for sale anyway so even if I did not get the charges refunded

I would be able to ask the court to wait until a sale goes through, rather than giving them possession.

 

Anyone advice would be greatly appreciated.

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The best form of defence is attack barrywat, unless anyone with more knowledge knows better i would defend all and counterclaim with yr charges, keeps everything in one courtroom, should it get that far.

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  • 6 months later...

Hi All,

 

Update to this saga.

 

Had initial possesion hearing which was suspended for a month,

at second hearing I filed counterclaim.

 

Received notice that case was assigned to fast track.

Had the expected estimate of costs from GE's solicitors at around £25k, obviously an attempt to scare me.

Filed my copy of questionaire to court etc.

 

They asked for a stay of proceedings for a month which I was advised to agree to.

 

Subsequently they made an offer to settle, offering to remove the fees only.

I rejected this asking for the interest charged on the fees to be removed as well.

 

Second months stay has now expired so am waiting to see if they improve their offer.

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  • 1 month later...

Hi all,

 

Latest update to this sorry saga.

 

There was confusion over the length of stay granted by the court,

as it was 2 months as they originally requested and not 1 as the amended note from the court suggested.

 

All completely irrelevant as they did absolutely nothing in that 2 months, no offer, no communication, zero.

The only thing that happened during the period was that they sold on the alleged debt to Kensington,

this happened before they requested the extra stay of 2 months.

 

Having chased Eversheds several times,

they claimed to be waiting for instructions from GE,

 

 

they finally responded on Friday asking for me to agree to yet another stay of 2 months

as the alleged debt now belongs to Kensington

and not GE and they need time to consider an offer to settle.

 

Time to put a stop to all their delaying tactics,

as I see it, they have deliberately wasted 2 months of mine and the courts time with a stay,

when they had no intention of making a further offer.

 

 

I will be rejecting their request for a further stay and writing to the court by the deadline of the 5th of August explaining why I am not prepared to put up with their tactics any longer.

 

In the meantime

I have the added complication of having accepted an offer on the property

and am waiting for a date for exchange and completion.

 

 

So unless they come up with a suitable offer before that happens

I will probably have to pay what they claim to get the deeds released

and then pursue them to recover it.

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Further update,

 

After a week of chasing Eversheds I have this evening received an offer from Kensington.

 

They are now really taking the you know what.

 

It is virtually word for word identical to the one they made under the guise of GE Money back on April 13th, save for a miniscule increase in the offer.

 

I can't beleive that they would send out something so insulting to my inteligence and think that it would be acceptable, when I rejected the previous offer and demanded that they explain how they have arrived at the figures they say I still owe them.

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Yes I know what the figures are, did a SAR,

been trying for the last 12 months since I paid off the mortgage to get them to provide a breakdown of how they arrived at various interest figures so I know what they have been charged on. And more to the point, what they are still charging interest on now.

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  • 1 month later...

Don't know if anyone is still following this saga,

 

 

having rejected their last offer made at the very last minute,

we are due in court on Friday 7th October for a directions hearing,

unless they come up with a satisfactory offer before then.

 

 

They even had the cheek to say that I should have been making an offer to them to settle.

I continue to ask them for a detailed breakdown of how they have calculated the interest to no avail.

 

 

Will be asking the court to order full disclosure.

 

The house has now been sold,

so I am now in the unfortunate position of trying to get the charges, fees, additional interest etc back.

Plus they've just whacked another £4k+ solicitors charges on as well.

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