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    • 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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    • 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.

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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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Can 2 agreements, one compromising the other, co exist?


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I have in place what I believe to be a fairly watertight Tomlin. Not (in the grand scheme of things) of great value.

 

Without going into the exact details I sued for PPI, CPP, DPA & CCA non compliance plus a few charges which it settled prior to prelim.....pretty much everything I could think of after it rattled my cage.

 

My issue is that it seems intent on publishing the originating agreement with a non existing balance which has been compromised by the order. In effect I reversed a £2k debit balance to a positive balance of £7k....yet it has recently published the originating account details with debit balance and seemingly duplicated the account, passing the original 2k to a dca? From its records (and as settled) it reduced the balance to £00.00 prior to issuing a cheque for £7k, ergo 9k in total per compromise.

 

It is on notice that it has a few days remaining to retract the publication and comply with the confidential terms prior to enforcing of the schedule.... Oh and, it still hasn't settled my costs, also contained within the order at circa £900.00

 

Am I correct in thinking its up s##t creek without a paddle if I have to weigh out another £150.00 to enforce the order? Is there any wriggle room for creating duplicate accounts?

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The new agreement supersedes the original agreement, and that original agreement and all subsequent terms and conditions thereof are extinguished for all time to come, including any rights thereunder of the 1st party to process and or disclose your personal information.

Kind regards

The Mould

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Sorry mate, been away for a couple of days... appreciate your comment

 

Now... any case precedent for CCA regulated agreements compromised by Tomlin with confidentiallity terms?

 

It seems I will have to throw good money at bringing the terms into effect on Monday as it still hasn't settled costs or ceased processing data to a 3rd party.

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Well I am not aware of any precedent in that respect at this time, however, you do not need one to rely on.

Simply rely on the rules and principles of contract law, the Tomlin is a contract to which all parties’ conscience is bound and upon its conclusion, the original contract, the credit agreement, was extinguished.

Kind regards

The Mould

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I think I'm pretty much sorted with this for filing but with one question.....imagine (if you will) a term specifically excluding the disclosure/inspection of data to the FCA absent the other sides consent or permission of the court. I'm not aware of a procedure for requesting permission, nor am I entirely confident one exists, but not being the author of the term I'm not exactly sure what it hoped to achieve. Would it be correct to seek relief to an order which puts me under notice to specifically perform to that effect?

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What, an order from the Court that you provide your consent to the other party to disclose info?

If there is a term in the contract that expressly provides that disclosure of material, whether personal data or not, is prohibited without the consent of all parties thereto, then, no, such an order of the court cannot be obtained because strangers to a contract cannot interfere with that contract and have no rights recognised in law to do so, the court in such a case would be that stranger.

Kind regards

The Mould

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Nope, in essence.. the data which I have in my possession cannot be released to the FCA for inspection without the other sides consent or permission of the court.

 

The other side (for obvious reasons) will not consent. Ergo, do I request (counter intuitively I might add) an order which compels me to disclose to the FCA?

 

I am applying to lift stay and seeking relief to an order compelling it to settle my costs and a few other matters which cannot be openly discussed. Given the fee it would seem sensible to apply for relief in all matters arising from its breach of agreed terms.

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If the breach by the other party is a fundamental breach, then the contract to which you and he entered, the Tomlin and the terms, is broken by him and at an end and therefore the non-disclosure clause and all other clauses are no longer extant so you can disclose the material to the FCA.

How serious is his breach?

Kind regards

The Mould

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Barring the costs issue the remainder of its breaches are those attached to confidentiallity clauses, whereby it was settled that it would not publish or share data relating to any issues settled or arising from the case or contained within any correspondence, witness statements, particulars, information stored prior to the case or thereafter etc etc.

 

1 month ago (2 months post settlement) it caused to be published via all 3 CRA's the details of the originating agreement after service of the order which reflects a now none existing debit balance of circa 2k ... it also passed data (including system notes detailing proceedings) to a 3rd party DCA. Neither have as yet been retracted.

 

There are a couple of minor niggles but these are primarily construction and intent of terms within the agreement which I have no difficulty in asking the DJ to decide on and settle.

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