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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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Been to Court Today!


Notty
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Sorry I dont have an email address I always rang them but if you do a search it will come up.

 

I still have not received my cheque from Abbey. Does anyone know what will happen next. Why do you think they are doing this? Has anyone else not been paid when its been to court. It all seems a bit odd. In 14 days if I request judgement and they dont agree what do I do then? It seems so odd when they have sent a letter saying they will settle. Not sure if there is anything else I can do. Any ideas.

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Notty, if I was you I'd just E-mail [email protected] and ask him when he posted the cheque because you haven't received it. And, for consideration, you could also threaten Judgement by date X which you would find difficult to see being refused because the Judge was so annoyed at Abbey's non-appearance on date Y. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Thanks Mad Mick. I have done that but no reply from James. I have also telephoned, again no reply. I just do not know what is going on. It is a week since I was in court and I havent heard a thing from the Court or Abbey. I would have thought that since they sent a letter saying they would settle and since the judge has written to them something would have happened but not a thing. I am begining to think it was all a waste of time!

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No way was it a waste of time Notty, you gave them a bloody nose & they don't like it.

 

My guess would be they've got so many claims being settled that they're losing the plot.

 

From what I've heard the letters are arriving by the sack full at the banks and they're literally snowed under with paperwork.

 

If you don't get the cash cleared into your account by judgement day, get an order & send in the bailiffs but please can I come and watch!!!!..

 

 

Cheer up, you've done great so far, don't lose heart now. :) :) :) :)

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Thanks Mad Mick. I have done that but no reply from James. I have also telephoned, again no reply. I just do not know what is going on. It is a week since I was in court and I havent heard a thing from the Court or Abbey. I would have thought that since they sent a letter saying they would settle and since the judge has written to them something would have happened but not a thing. I am begining to think it was all a waste of time!

 

Notty, don't you go giving up now :mad: - I remember posting with you months ago - just think how far we have all come since then - go get em kiddo :-D

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Thanks Mad Mick. I have done that but no reply from James

 

I think poor James may be slightly busy:D , I almost feel sorry for him, (well only for a min) I just read a post from someone else saying they were currently in negoations, they are due in court tomorrow.

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Thanks for the replies, made me feel more positive. I think its not understanding what happens next that is so frustrating. I suppose when the 14 days are up, 21st March, I apply for judgement? The thing that has confused me is when the judge said if Abbey were not happy they could apply for a stay!! So arent we back to square one?

 

Also I was in negotiations with James a week before the court case and the day before the court case, but I still havent got my cheque, so I wouldnt rely on that too much.

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Well its 2 weeks tomorrow since the court case. Still no cheque, still no contact from the court. I dont know how I am supposed to request judgement? Do I use the bottom of the Notice of Issue? I was supposed to get a letter from the court instructing me what to do next but as usual nothing. Anyone got any ideas?

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I should have been able to request judgement today as it is 14 days since I attended court. Suprise, suprise the court have not even issued the paperwork yet to Abbey so they have another 16 days before I can even request judgement!!! What the bl...y hell are the courts up to. I have rang them four times and been fobbed off. They are now dealing with cases from teh 9th March so had lost mine from the 7th March. What is the point of all of the time scales that are quoted when it comes down to it, it means nothing! Abbey must know they havent paid me, but they will have not received any paperwork from the court. Who said in their post they felt sorry for Abbey grr!!

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Who said in their post they felt sorry for Abbey grr!!

 

That was me, but I think you may have not read it they way it was meant, it was a tongue in cheek comment

 

think poor James may be slightly busy:D , I almost feel sorry for him, (well only for a min)
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Hi Notty, is there absolutely no answer from the phones there? have you tried emailing and putting a read receipt on there? Im sorry thats the best I can come up with under the circumstances.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Done it. Emailed both of them and left messages. As I say it seems they and the court can do as they please. If I owed money the baliffs would be in before I turned round. That's life in Britain today!

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I have received the General Form of Judgement or Order in today's post. Abbey have until the 6th April to pay up. All in all the court will have allowed them 30 days. I am assuming they will have a period of time from the 6th April as I can only request judgement from the 6th? Does anyone know if that is the case or do they have to pay up straight away?

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if they dont pay up by 6th april you can send in the baliffs, and as much as it is against my religion as a Fox to have anything to do with outlaw country, I would have to travel to see it LOL

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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FWIW

 

When the court makes an order instrucing one party to pay naohter you get 14 days to pay unless it says otheriwse.

 

If you have the time and can be bothered, in the CPR somewhere it will detail it for you.

 

fi they dont pay then you can insttrauct bailiffs.

 

I used the court baliffs for my cvlaim against GE moeny when they didnt send me £69, this costs £35 (which is recoverable) and is a failry painless way for the matter to be dealt with.

 

However, if you prefer your justice slighlty mre vigorous you may want to investigate uisng a private debt collection agency I cant think who it was but im sure someone did this and went along for the ride to boot.

 

Id check the second option out but it seems like more fun to me if its feasible.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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