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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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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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DCA AEO for old blackhorse loan


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Hi all,

 

I recently received a CCJ on an old loan from Blackhorse from around 2008.

I have now received an Notice for attachment of earnings order

which I must respond to in the next few days.

 

As my financial circumstances are a little better than before,

I intend to make an offer to voluntarily pay off the amount (£3700)

without my employer being ordered to make deductions from my pay.

 

I understand I need to ask for a suspended order and attach my latest payslip.

 

My questions are:

 

1. How to I go about applying for the suspended order? what forms and supporting documents do I use?

 

2. What is a reasonable time/amount that I can offer to pay off the debt in?

Would £100 per month over 37 months be reasonable for example?

Or will they expect a shorter time?

 

3. Will I need to attend court?

 

Any advice in this matter will be greatly appreciated.

 

With regards

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If you've received a CCJ, then this will have already have been in court, is this the case?

 

If you didn't attend court, then the judgement would have been made by default, and the time in which to have requested a payment plan will have gone.

 

It now depends on what the judge has ordered you to pay, and how to pay it.

 

The AOE is the judges decision on how you are to pay this back.

 

Were you aware that they had issued you with a claim?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Can you give some background of this debt? When was the last payment/written acknowledgement by you. Not just to the account. What date were the court papers issued?

 

Who issued the claim? BH or a DCA and their rent-a-sols?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You can ask for the court not to make an attachment of earnings order if your creditor will agree to a new payment plan to pay back what you owe.

 

This is called asking for a suspended attachment of earnings order.

 

You can ask for a suspended attachment of earnings order by ticking a box on form N56 and giving your reasons.

 

If the court accepts your reasons for suspending the attachment of earnings order, the court won't start taking money directly out of your wages unless you don't keep up the repayments you've agreed to.

 

Regards

 

Andy

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Thanks for the responses.

 

The CCJ was sought by solicitors on behalf of a DCA.

 

I can make an offer based what we can afford which is £100 per month,

 

reason being we can now afford to make the payments since i got a raise not too long ago.

 

I just wonder if the solicitors can just refuse our offer and persue the Attachment order,

 

or does the court decide if our offer is reasonable?

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If your offer of payment is roughly the same as would be deducted via the AoE..I cant see any reason the Claimant would not agree...you only have 8 days to to return the N56 so you need to act quickly get an agreement in place and then suspend the AoE.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Have sent off the N56 form with the offer and ticked the application to suspend box

and stated the reason being the recent increase in pay with income and expenses

completed to show a little left over money to put towards the offer.

attached payslip and now we're hoping for the best.

Will update when we hear back.

 

Many thanks for the advice as always.

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You need to approach the creditor in the meantime and get an agreed direct payment in place......otherwise they will just pursue the AoE

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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