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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.

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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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Without Prejudice documents in claimant bundle without my permission


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I am in court on Monday for a CCJ claim against me.

 

I have only just noticed that in the other sides witness statement they have listed a proposed payment agreement by me which was sent Without Prejudice.

 

Its too late now I know but should I raise this matter immediately with the judge or wait for the other side to use it in evidence. Obvioulsy the judge has read the witness statement now.

 

TIA

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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I think you need to give us a lot more detail about this.

 

Also tell us more about this without prejudice agreement.

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I agreed to pay X Y Z on certain dates where it would clear a balance on an account.

 

We then became aware that the contract was in a non existent entity (Someone trading as) when this entity never existed. This, in our opinion, was so they did not claim against a Limited Company. There was no contract agreeing any payments, just an order form.

 

Hope that helps.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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"Without prejudice" may be used by parties who are discussing or corresponding about an existing dispute, whether or not Court proceedings have already been issued. However, it must be noted that a communication can only be "without prejudice" where the following conditions are satisfied:

 

There must be an existing dispute between the parties; and

 

The communication must contain a genuine attempt to settle the dispute. If communications are expressed to be "without prejudice", provided that they are a genuine attempt to settle, they cannot later be relied upon in Court proceedings if the attempt to settle fails.

Without Prejudice Save As To Costs

 

The "without prejudice save as to costs" rule extends the basic "without prejudice" rule. It maintains the same privilege but, should the matter go to Court, the parties can disclose communications when the Court comes to decide the issue of costs.

 

This means that the communications remain privileged until after the matter has been settled or decided by the judge. Therefore the parties can negotiate freely without fear that any admissions will be used against them in Court until the judge has decided the main points.

If communications are expressed to be "without prejudice", provided that they are a genuine attempt to settle, they cannot later be relied upon in Court proceedings if the attempt to settle fails.

 

Andy

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Thanks Andy

 

So I should make the judge aware at the onset that the information in the witness statement is from a without prejudice discussion

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Yes if it was a genuine attempt to settle the dispute.....possibly consider submitting a supplemental witness statement to refute it if they have actually referred to it within their statement...or is it just a listed document?

 

Listed documents within their disclosures are not necessarily evidence considered if there is no reference to it within the statement?

 

 

Andy

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