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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?
    • 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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Jeweller fails to repair engagement ring and will not return ring


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Ok I can't agree with the company mentioned in post#15 (yes I came across the same company) but do a google search on studio 55 mentioned and have a very close look at the shop frontage for studio 55 and what it says. (note it states 'Studio 55' and also under Instant Cash very bottom 'Biggleswade Gold Exchange')

 

The Company I get is:

 

Biggleswade Gold Exchange & Studio 55
55 High Street

Biggleswade
Bedfordshire
SG18 0JH

 

Company Number: 4265327

 

Company Type: Non-Limited Business

 

Companycheck link: https://companycheck.co.uk/nonLimitedCompany/4265327/BIGGLESWADE-GOLD-EXCHANGE--STUDIO-55/summary

 

 

 

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On 02/08/2019 at 15:08, king12345 said:

It is fraud or theft, read the acts and fit the bill as police should do instead of claiming "civil matter".

By your interpretation I can open a jewellery repair shop on a ltd company,  take as many jewels as possible and than close down and it would be perfectly legal.

No my dear, it's not. 

The ring belongs to the op and must be returned. 

From the theft act: 

Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

 

From the fraud act:

Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

 

You would have to prove intent under both the causes of action.

 

Your description of a fraudulent act is fanciful nonesense.

 

He is a jeweller, you would expect him to carry out repairs .  This claim would not be fraudulent.

 

He did not "dishonestly appropriate" you gave him your property.

 

I have read these sections, and many others, many times. Thanks very much. :)

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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2 Abolition of detinue.

(1)Detinue is abolished.

(2)An action lies in conversion for loss or destruction of goods which a bailee has allowed to happen in breach of his duty to his bailor (that is to say it lies in a case which is not otherwise conversion, but would have been detinue before detinue was abolished).

3 Form of judgment where goods are detained.

(1)In proceedings for wrongful interference against a person who is in possession or in control of the goods relief may be given in accordance with this section, so far as appropriate.

(2)The relief is—

(a)an order for delivery of the goods, and for payment of any consequential damages, or

(b)an order for delivery of the goods, but giving the defendant the alternative of paying damages by reference to the value of the goods, together in either alternative with payment of any consequential damages, or

(c)damages.

(3)Subject to rules of court—

(a)relief shall be given under only one of paragraphs (a), (b) and (c) of subsection (2),

(b)relief under paragraph (a) of subsection (2) is at the discretion of the court, and the claimant may choose between the others.

(4)If it is shown to the satisfaction of the court that an order under subsection (2)(a) has not been complied with, the court may—

(a)revoke the order, or the relevant part of it, and

http://www.legislation.gov.uk/ukpga/1977/32

 

It should be noted that this CIVIL action does not depend on transfer, legally or otherwise. Title to goods remains with the Bailor, the shop only acquires goods in posession.

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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You're complicating things in true solicitor's style.

 

The matter is very simple:

 

Jeweller made a false representation: I can fix your ring, give it to me. 

He couldn't fix it but he knew they were closing down and he was gonna keep everything in stock at that point, so he refused to hand the ring over with many excuses.

That's fraud.

 

Or:

 

The jeweller is in possession of my property,  no matter how he got hold of it, it's still my property and I want it back.

The jeweller knows that they're closing down and refuses to hand the ring over with intention to permanently deprive me of it.

That's theft.

 

But of course for police and solicitors used to protect criminals it's a civil matter that needs to be dealt via the proper court channels, blah blah blah, 6 months later you get a ccj against a defunct company.

Result: not only you lost the ring but you also lost money and time with the useless court proceedings. 

 

I would prefer to try my way first and if that doesn't work, think about waste money on a pointless civil claim which is always an open option.

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