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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!!  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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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very confused


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:confused: hi there

i am just starting out with claiming back bank charges that have been taken out of my account over the year and a half. I have read all paper work on how to claim it back but am very confused on where to stat and how to go about it all. I would appreciate it if there is anybody who knows where to start to help me along the way.

Yours Very Hopefull willett.

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Hi Willett and welcome to the club!

 

Which bank are you claiming against? Unfortunately its not quite as simple as "give me my money back" you need to know the exact amounts and dates etc. Do you have this information to hand (ie. internet banking or statements)?

 

Its best to have a good look through the FAQs first, to familiarise yourself with the process. Also read some "victory" threads under your banks forum to understand you likely process. The threads are a good source of encouragement too.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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hi ther thanks for your reply. I am with alliance and leicster.

I have gone through all my bank statements and have a rough idea of how much it is, still going through them. I know this may sound stupid but im 42 and never had to deal with anything like this before my ex husband used to do all this kind of thing for me. Il be honest with you its very scary. I do hope you can help me it would be very much appreciated.

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I think everyones a little nervous :eek: when they start the claim process, but theres no need to be.

 

You can claim back up to 6 years. So like I said earlier, you need to know details of the charges you are claiming back. (Eg. On the 23rd June 2002 charged £30.00 for an unpaid direct debit). The charges you can claim for are, unpaid direct debit, unpaid standing order, unpaid cheque and overdraft excess fee. Account fees are non-claimable and also overdraft interest can be a tricky one to work out.

 

Depending on whether you know this information, depends on the next stage. If you don't know all your charges then you need to ask the bank to send them to you. If you do know them you can start writing the letters out.

 

Have a good rummage through you banks forum and the FAQs for help.

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Most people tend to have a good read through before starting to familiarise themselves with the process.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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hi there we have got all our statements for the last year and a half which was when we opened the account. So we know how much charges have been taken out of the account to date. where do we go from here:o . By the way could we also claim for charges from another bank at the same time as we have an account with the Yorkshire bank, we have been with them for the last four years. Also i cant find the scales in the top right hand corner, to let you know you are being very helpfull so far and you have made me feel a little better about how to go about it all thanks so much:o :) .

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Hi Willet!

Don't worry- we're all in the same boat here!

I've just done my first (nationwide) and got all my charges refunded, so you can do it!

I'm now waiting for all my info back from A&L, so if you need any help/support, you're in the right forum. You will not find a nicer bunch of folks.

Anyway, keep posting and everyone will keep helping- if you get stuck, re-read the step by step instructions and don't be afraid to ask for help.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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:???: hi ther

me again i found the spreadsheets after searching a whole day but not sure how to do it. i started one and printed it of but it wasn't right could you possibly guide me on how to do a spreadsheet sorry for being a nuissance.:(

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Guest Mumofthreeboys
:???: hi ther

me again i found the spreadsheets after searching a whole day but not sure how to do it. i started one and printed it of but it wasn't right could you possibly guide me on how to do a spreadsheet sorry for being a nuissance.:(

 

A whole day? Did you not see the link I posted above?

 

All you need to do with the spreadsheet is enter your details as they appear on your statements, the rest is done for you. If you use the advanced spreadsheet it will work out your 8% interest too.

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Guest Mumofthreeboys
sorry dont know how i missed that. been on and started my spreadsheet not sure wether it is right or not, but could'nt get it to total up what am i doing wrong now.:(

 

I really have no idea, you'll have to give me some more details - which spreadsheet are you using? It should add it up automatically.

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Guest Mumofthreeboys

Of course I'm not sick of you. Why don't you try the link I gave you earlier. Vampiress' spreadsheets may be easier.

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:smile: hi there

Just to let you know i think i know why i cant do the spreadsheets a friend told me that i need micro excell office on my computer which i dont have my partner is trying to get it for me so hopefully we can get started again but thank you so much for all the help you have given me so far. I will let you know how im getting on.

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:) just to let you know iv finally done a spredsheet hip hip hooray bout time aswell, its took me long enough. thank you so much again for all your help you've been a great help. I have also done the preliminary approach letter, is this all i need to send of to my bank now or do i need anything else. thanks again.:)
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Guest Mumofthreeboys

No, just the preliminary letter and the spreadsheet. Get it in the post and make sure to get proof of posting xxx

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  • 4 weeks later...

Willett, found your thread - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html?garpg=3 I used these step by step instructions much easier to follow than the others more basic and deals with it as points for action with no jargon! Hope this helps

:pSuzi x x

 

A&L - WON! - £5111.05

Halifax Visa repaid nearly £300 into defaulted card account!! At least I owe them less now I guess!

Halifax card cash account started then stayed!

Lloyds for a friend started then stayed nice letter though!

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NO!!! Don't allow more time for Christmas. My court papers were due in the middle of Dec and I asked the court if I should allow more time and they said catagorically NO. A deadline is a deadline and like Michael said, they don't stop charging you!

 

Won £51111.05

:pSuzi x x

 

A&L - WON! - £5111.05

Halifax Visa repaid nearly £300 into defaulted card account!! At least I owe them less now I guess!

Halifax card cash account started then stayed!

Lloyds for a friend started then stayed nice letter though!

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Thanks so much to suzi for finding my thread. well am back on track now having got a reply to my LBA just telling me no can do. so have started proceedings to go to court will let you know how i get on. After reading all the threads of people who have won i feel rather silly about claiming mine back as it is only £500. I know thats still a lot f money and i would rather have it than let the banks keep it.

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  • 2 weeks later...
:D to mumofthreeboys hi there its willett here just to let you know i received a cheque this morning for the full ammount of £624.54. I would just like to say thanks so much for all your help i could'nt have done it without you,:D and of course all the other people who have put me in the right direction thank you so much it has come at the right time as i am getting married in 7 weeks in the domincan and the money is going to be such a big help.:D Good luck to any one starting out i hope it goes as well for you as it has for me.:D
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