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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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      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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RFisher33 vs Barclays *ANOTHER DEFENCE STRUCK OUT!*


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Letter received from Barclays today. Not about the N1 though. They must have a lot of work on. They have offered me £1350 in response to my previous complaint!! Nowhere near my £2500 claim. What do I do? Shall I send the letter accepting part payment and advising I am persuing the rest? or shall I just ignore it now court procedings are underway? The letter says if I don't respond within 8 weeks then they consider the case closed.

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Cheers Michael. Your help is greatly appreciated. Lets see what they come back with next.

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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  • 2 weeks later...

Well Barclays had till yesterday to get back to the court and I was really hoping they had forgot but guess what. They replied at the last minute. The court are now sending the AQ out to me. Pah

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Just to get this right, if Barclays have only acknowledged the claim on the 14th day from the day the papers were served does this mean they now get a further 14 days to submit their defence or 28 days?

 

Its so annoying that they are able to drag things out so much. :mad:

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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  • 3 weeks later...

Got my AQ through at the last minute. So I now have till the 21st to submit it. Wish me luck. I'm getting worried now that i'm gonna do something wrong. :(

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Guys i'm seriously stuck and going on holiday tomorrow so need to get my AQ in by today. I have filled most of it out and got to the other information part. Do I attach the draft order that is available on the site?

 

Do i have to send a copy of the allocation questionnaire to Barclays?

 

I'm seriously worried now and don't want to mess up when i've come this far.:(

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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  • 3 weeks later...

Took the AQ and draft order into the court and paid the £100 fee. Been on holiday and am now back but haven't heard a thing. The AQ didn't have to be in till the 21st May. Will this cause a delay?

 

I noticed on the site that some peoples defence had that they hadn't sent in their SOC's. I sent mine with the initial court application form. I don't have to send it again do I?

 

Also do I need to be doing anything now or do I just wait for a court date? The lady at the court advised it would probably be June/July for the court date!!

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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You will need to re send your SOC's to both parties IF Barclays defence states in #1 that you have not provided evidence/information of charges claimed for.

Of course send this by recorded delivery

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Point 1 on the defence says:-

 

1. To the extent it is alleged that Claimant incurred bank charges on the Claimants account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the claimant to strict proof of each charge and the date thereof.

 

2. The Particulars of the claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

 

I sent my SOC with my N1 so they must have it. Shal i just send again to be sure? Recorded :)

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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You can if you want to but by reading their defence it wont be necessary, the judge will direct you later if necessary.

 

youre on track, nothing to worry about..;)

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 2 weeks later...

I thought i'd phone the court today to ask how my case was getting on. They said the judge has looked at my case and struck the defence out saying it is an abuse of the judicial system.

 

I think that means i've nearly won. Just need to apply for judgement.

 

Happy days. Any advice from anyone?

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Beaky79's was done in the Reading county court. Mine was in Newbury county bourt. I hear that they use the same judges. Hopefully we'll see more cases like this from these courts and more courts round the country.:)

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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No problem livelylad. Do you want me to PM it you once i have it? I can scan it.

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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RFisher,

 

Well done on the order, great news!

 

I'll PM you....

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary I have dropped you a mail.

 

Went to court today to request judgement and filled out the form. Just need to wait for the money now.

 

Does anybody know if anything can happen to stop me getting it now?

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Thats great, thanks!

 

No, your pretty much home and dry. Strictly speaking they could apply to set aside the order but they won't. I'm 100% sure of it.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Well done RF33 - brilliant result and V encouraging.

:)

Slick

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