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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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?
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      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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Rec'd summary warrant from Sherrif's Office over Council Tax non-payment


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Think your the only one that can answer that, I'm not sure how your mate's are getting away with ignoring their Council Tax debt.

Can you or are you willing or able to pay anything towards the debt, I like you, kept hoping they would 'go away' but they never did.

 

Are you employed.

 

Self employed. Registered business. Don't make a lot because people like to commission me to do work and then not pay me.

 

On working tax credits.

 

I really can't afford anything at the moment, and as far as willing to pay? Absolutely not. I will only pay if I have to to stop myself being arrested or my house raided.

 

How likely is that? I'll be shifting my stuff out of here within the next three weeks. How close am I to getting answering the door to two gorrilas who force their way in and nick all my valuables?

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I can get debt advice where I am going, moving into social housing. So debts I can't shake off like the student loans company can perhaps be dealt with at a later date, but right now I have other things on my plate, such as finding a place to live where I'm not wakened three times a night by ignorant people who live upstairs.

 

I will inherit more council tax down there as well.

 

If I lived in band E or above I'd not have to pay anything, thanks to the SNP and their amazing new compromise solution/cop out to their pledge to scrap council tax.

 

If your household earns under £25,000 and you are in band E-H then you can get a full exemption, and that applies to about three houses in the whoole of Scotland probably...

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They will almost certainly go after your bank account and probably pretty quickly since you are self employed and therefore dont have wages to arrest. I am not sure if they can or would go after your tax credits

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They will almost certainly go after your bank account and probably pretty quickly since you are self employed and therefore dont have wages to arrest. I am not sure if they can or would go after your tax credits

 

Not for at least 14 days though? And then they have to apply to the courts for that?

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It could be on day 15 if they have given you 14 days to sort it out yourself because they may already have the courts permission to do so. Have you had any arrestment before? If so its almost automatic, the second time it happened to me it was literally day 15

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Cant you just defer your student loan? I did it every year for about ten years because i was earning under the threshold with no problem

 

They made it more and more difficult to defer, and I didn't defer for a year and a half because I was abroad. They kept hassling me for the money, and so after a while I just said to heck with it. I've not corresponded with them for three years now and I'm moving so I just have to wait another three years and they can sing for it.

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How close am I to getting answering the door to two gorrilas who force their way in and nick all my valuables?

 

That's not going to happen, I was also self-employed when they tried to sequestrate me, I never really had anything of any worth so they went for my wife, arrested her wages ect and froze our joint Bank account though we only had a few bob in it so that was a wasted action on their part.

 

Reading your reply's I've a feeling your hoping to get shot of them in the next three weeks. Don't think arresting your wages is going to be an option for them and it sometimes work's out cheaper in repayments if they did.

 

I agree with Kirstyo, phone them and offer something, gets them of your back for a while.

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It could be on day 15 if they have given you 14 days to sort it out yourself because they may already have the courts permission to do so. Have you had any arrestment before? If so its almost automatic, the second time it happened to me it was literally day 15

 

Arrestment of what, me or my bank account?

 

I can probably avoid that happening by offering them a tenner a month again I guess.

 

I'm not sure I can go into their office again without suffering a ptsd relapse though.

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That's not going to happen, I was also self-employed when they tried to sequestrate me, I never really had anything of any worth so they went for my wife, arrested her wages ect and froze our joint Bank account though we only had a few bob in it so that was a wasted action on their part.

 

Reading your reply's I've a feeling your hoping to get shot of them in the next three weeks. Don't think arresting your wages is going to be an option for them and it sometimes work's out cheaper in repayments if they did.

 

I agree with Kirstyo, phone them and offer something, gets them of your back for a while.

 

I'll go into the office next week and try not to spit at them through the glass. No, usually the folk in the office are nice and just doing their job. These two monkeys were a bit annoying though.

 

I hope that little Wolf Of Wall Street fan boy grins that way at the wrong person some day, I'm sure he will.

 

If they tried to sequestrate my bank account they wouldn't find much money in there right now, also because I'm going to lift it all now in case they do. Also I just changed my address so that might make it difficult for them.

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My wages arrestment saved me 20 quid a month on what i was paying before it

 

They can't make you pay more than £2 per week, right?

 

I'll give it ten days and offer them a tenner, oh sure ten quid a month thereafter, very sorry for forgetting to pay I was depressed etc.

 

What powers do they have to find out your bank account? I have two bank accounts and so I can transfer my tax credits into the one they probably wont find out about every four weeks just in case.

 

But that wont happen if I offer them money...

 

I was hoping I'd get away with just doing a runner and they'd forget about me. I suppose they can get my new address from the council I am moving to though, right?

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They have ways of finding things out, i have no idea how. If both your accounts are with the same bank i dont know if that would work.

 

I have moved out of the council area i owe money too and they didnt forget about me. I would honestly just offer what you can because they dont tend to go away

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Different banks.

 

I guess I can at least probably get away with shaking Thesis off my tail. I owe the DWP about £350 as well, but that's probably never going to chase me unless I sign on at the job centre again. So I got about £1,500 I owe Scot & Co and so maybe I can offer them a tenner a month and a tenner a month to my new council area and try REALLY HARD this time to not let it slip and get into debt and end up with additional charges.

 

As well as the surcharge for this they slapped an £80 charge on as well to this so now I have to pay about £100 more than I could have before.

 

More paperwork... do I just write to the council and tell them I have moved out on such and such a date when I move out?

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  • 1 month later...

I'll give you a personal insight on any money owed to a government department.

 

I owed the then DHSS £1,000 for overpayment of benefits.

I ignored them,

despite various threatening letters,

moved house 3 times and eventually split up from my wife and married again

 

Fast forward 25 years and I claim my state pension and get the letter explaining what I was due and payment dates.

 

 

Just before first payment was made I received a letter informing me that the first six months of pension payments would be deducted a sum of £160 to claim back the money owed.

 

I laugh at it now but at the time I wasn't best pleased but nothing could be done about it.

 

So folks,if you owe money to the government...........:-)

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should of sent them a free sar and make them prove the debt was owed.

 

 

dx

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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