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    • Yes you should take this view, but this is nothing to worry about you will be fine. you have a very well edited WX im sure although I haven't actually looked at it because I can't seem to work out which one is the new one anymore, although I do remember something previously. however if i remember it right its just a lost parcel via packlink and no insurance which frankly is pretty straightforward and should be a copy of farooq v evri. Have I understood the case right? Please tell me if not as there is rather a lot on this forum
    • well in every other thread advocate or not evri always send a cpr27.9 because they never turn up. I don't think we've seen a thread here without one. Maybe @BankFodder can tell me if i've missed one, but all of the ones I can remember there has been a cpr 27.9 notice even when an advocate has attended and from my own knowledge also I've always had CPR 27.9 advocate or not. I dont think there is a single thread on this forum where evri have shown up themselves and similarly I don't think there is a single thread where they dont send notice (aside from this)
    • OK, thanks.  Jake Burgess is well known to us - and well despised. Friday would be great as then there would be the weekend to tweak things. 👍
    • Thanks FTMDave.  VCS's WS was from Jake Burgess.  I will draft my WS and share with copies of court order, and VCS's exhibits asap.  I'm away tomorrow so more likely Friday.  Thanks again for the advice   
    • Thanks. Time to move on this. 1.  You need to tweak the magnificent WS that dx suggested.  Adapt it to your case.  It should take you about half an hour (I recently wrote a WS from scratch during a train journey which wasn't optimum 😂 with lots of cross referencing and it took me an hour an half, you have one already cooked thanks to dx). 2.  We will add bits to ridicule VCS's WS - it's rich that they moan about your defence being standard when their Particulars of Claim are too and also include the rubbish about keeper/driver that has been criticised numerous times by the courts. 3.  Who wrote their WS?  Was it Mohammed Wali or Ambreen Arshad or have they got someone new? 4.  We need to see a good chunk of VCS's exhibits.  I don't get why we have to keep asking you for things rather than them being volunteered.  Isn't it obvious that we can't help you compile a decent WS if we can't see what the other side is arguing?  All their silly signs aren't needed, but any contract with the landowner is important as are all the photos of your vehicle. 5.  You've never shown us the court order which fixes the hearing date.  It should be obvious we need to see what the court has ordered.  This is the second time we've asked. 6.  VCS were using Elms Legal.  Are Elms Legal still involved? 
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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.

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      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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Credit file ruined by Southern Water for £59


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Hi

 

 

I have been waiting for the last 6 years for defaults to drop off my credit file. I lost my business years ago and went through hell paying back loans etc. I had 8 defaults at one point but steadily the balances have been paid off and the defaults dropped off due to being 6 years old. I am now in a good position financially and was looking forward to my last default dropping off my account which has happened this week.

 

 

I moved into a new rented house late last year and started paying my water bill with South East Water. What I didn't realise was that I also have to pay a separate bill to Southern Water. I received a bill but thought this was for my final bill at my old address which I had already paid. I was paying south east water thinking that was the water bill for my new address sorted.

 

 

Anyway I have just had a default go onto my account today for £59.07 which I should have paid southern water as they deal with my waste water and south east only deal with the fresh water.

 

 

I am absolutely gutted, I feel physically sick, years and years of paying things off and waiting for my defaults to go and the week the last one drops of I get one for £59. I was hoping to get a mortgage etc. and be finally free.

 

 

I spoke with them to tell them I received no default notice but they say they sent it and that's all they have to prove. Is there anything at all I can do? I just can't go through another 6 years of being a bad credit risk. I thought it was all finally in the past

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Hi

I would complain although it may go nowhere as you did receive the bills but were mistaken in your belief that you only paid one bill for your new home.

 

I would also send a SAR to get the account info to show where they did send a default notice.

 

What might have legs is the fact that this default is for a relatively small amount and by placing it they are not reflecting an accurate position you are in.

 

On your credit file, you are allowed to place a notice of correction which can be up to 200 words that gives you the opportunity to explain things in your own words. Future creditors should take this into account when making lending decisions.

 

I cannot say for certain you will get the default removed but persistence sometimes pays off.

 

You could try the CEO

 

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Thank you, I will try everything. I registered with Credit Expert just so I could see a file with no defaults for the first time in 8 years. Then this. I will do whatever I can but deep down I am thinking it will be a long and fruitless task. I just wish there was some compassion somewhere in the credit reference process.

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  • 1 year later...

I think the whole process of default notices should be looked at. I understand if you get a CCJ it stays on your file for 6 years, but why have defaults for the same period of time and which even if paid off stay there. Surely they should be shorter in term or if paid off completely removed with in a lesser time.

It gives no one a chance as the above mentioned of getting their house in order. A default serves no purpose to the company putting it on your file.

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Companies like to put defaults on credit files as they know it will stop you getting any finance and therefore rather than pay back loans you could pay them ! In some cases it's just petty and nasty - anything under £100 shouldn't be subject to a default.

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