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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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MEIII [CABOT]/Nolans SPC Claim - old Yorkshire Bank Loan *** 2nd Claim Dismissed***


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more than welcome

here all night

 

you ok with PDF's of the stuff Andy listed to attach to the Email to the Sheriff's clerk's office?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well this is a good start......

 

I've downloaded the Response Form 4A and it wont let me type in the boxes... The cursor is flashing but nothing typing...

 

Any ideas?

 

Forget that, its working now.....:oops:

 

Yeah,my good lady has emailed me the previous claim papers so I should have everything I need...

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:cheer2::cheer2:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OK, please excuse me if this is obvious BUT....

 

Post 96 - is this your summary of events Andy and not something that should be entered in my new Form 4A?

 

Post 97 - is this the bit that I enter onto my new Form 4A? If so which section do I use it in?

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just post 97

 

enter it in D1 and D2 [cant hurt!]

 

in E2 enter the list of attachment andy said to inc with the 4A

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes name them,the court, the date and time and SPC Claim number exactly in the words andy has used

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 1 month later...

Res Judicata ... also known as claim preclusion, Latin term for "a matter [already] judged"

 

whens the hearing

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

from PM...

to date, still no Default notice or Full Statement from them.

 

My Court Management Discussion with them and the Sheriff is this Tuesday morning..

. can't say i'm looking forward to it as it's all a bit alien to me.

 

The Order asks me to be fully prepared..! I don't even know how to address the Sheriff..

 

Is there anything he will want to hear or what sort of angle should I take?

 

Sorry to be a pest but I'm a bit panicked

……………

 

Res judicata A question decided in competent legal proceedings, which cannot again be raised.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks, just in from work and saw this.My Inbox wouldnt accept anymore messages...

 

The hearing is tomorrow morning at 10.

 

Can't say I'm looking forward to it..

 

How do I even dress? How do I address the sheriff? What information do I need?

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Dont worry about any of that

Dress as you like

It not a court as such

Youll soon pick it all up once there

 

You all (theyll be a few of you, sit in the gallery and one by one called to the table

You wont be 1st and nothing starts at 10am

Expect it to be anytime till court closes at 4 pm

 

Nolans wont be there

Will be a local 'rep' (junior brief in training knowing where you are i expect you will know them!!)

 

Wont know the case at all

Will only be running on little notes from nolans or none at all!!..quite typical for nolans)

 

As i said before its NOT a court management discussion..its a case MD

Let the sheriff lead.

Speak when spoken too

Sir will do...

But youll soon pick up how to act/address them etc

 

Stick to your defence wording only!!

Dont let nor answer the sheriff if he asks direct questions like is this card yours

Did you open this account

Hes not after you..dont ever think he is (v.important point)

 

Simply refer him to your defence

If you hear something you dont like..SPEAK UP!!

 

I know the sheriff well he will not mind

 

You might even not be in his court

You might be at his 6 place table out the back..

Its ALL very informal either way

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes its bulk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Its more important to concentrate on the fact that the claim has already been dismissed...take all the details from the last claim and notice of dismissal...simply state the words Res judicata to the sheriff

 

 

Best of luck for tomorrow

 

 

Andy

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

 

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Thanks Andy.

 

I have a lever arch file full of organised paperwork including the relevant Original Claim documentation and dismissal from the same Sheriff.

 

I have compiled a list of bullet point notes including the Res Judicata term (Hopefully the Sheriff doesn't think I'm an ignorant smart arse that is quoting terms I know nothing about..)

 

I will hang my hat on that though but would be handy to be able to state the legislation that they have not complied with regarding the current claim. i.e. no Default Notice, etc.

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That will be handy back up but I really cant see how it can get past RJ

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

If you want advice on your Topic please PM me a link to your thread

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remember...it is only a case management discussion

 

theres only 2 things he can do [the sheriff.]

 

allow it to moved fwd to a full hearing.

or

dismiss it.

you at this stage cannot 'lose'

 

as ive said in the numerous PM questions since the 2nd claimform.

 

if anything like that is mentioned yu state you have no received everything required of the claimant.

don't mention specifics unless asked.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I must say, you have given me a great deal of confidence with saying that. I've been om edge for the last few days worrying about tomorrow but hopefully it will be as black and white as you suggest with RJ.

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remember...it is only a case management discussion

 

theres only 2 things he can do [the sheriff.]

 

allow it to moved fwd to a full hearing.

or

dismiss it.

you at this stage cannot 'lose'

 

as ive said in the numerous PM questions since the 2nd claimform.

 

if anything like that is mentioned yu state you have no received everything required of the claimant.

don't mention specifics unless asked.

 

THANKS so much DX, I really do appreciate all the advice you have given. I guess I'm just not as cool as i'd like to be in situations like this. I am a born worrier.!

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well stop it

you seem to be thinking this is like you see on TV its not its a little chat.

 

in the area you are in they just do things slightly diff as well its not very populated

2 they don't have the money to waste on heating/building massive court houses with 1000's of rooms

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

That's that over then.....

 

Unfortunately the 'Res Judicata' went down like a lead balloon.:sad:

 

The Sheriff went into great detail as to why he will be dismissing that angle as a defence and pointed out that the original case was merely 'Dissmissed; which does not stop a claimant coming back again. Only when I have a 'Decree of Dismissal' they can't come back. I think my worst fear that he thought I was trying to be a clever arse was realised.

 

He has given them 3 weeks to find the missing documentation.

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what default and all the statements?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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