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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.

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      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.

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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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Settlement offered, but will they still take our money.


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Hello,

have been reading threads posted, great to see we are not only ones suffering the awful cycle of direct debit charges, hard enough to make ends meet as it is without halifax sucking us dry, really disheartening. We sent statements request letter before xmas including cheque for 10 pounds which my fantastically suportive mum and dad in-laws provided! Received standard sorry youre not happy letter dated 11th Jan 07 with promise to reply within 4 weeks, received that next reply today which is exactly 4 weeks! Todays letter offers final settlement of 1899 pounds as a "gesture of goodwill" from them!!!, and yet we havent even received the statements yet so we are probably owed much more!! They actually cashed the 10 pounds cheque on 4th january 07, which proves they actually received the statements request at this earlier date, so can i count the 40 day deadline from the 4th jan or do i have to take it from 11th jan???!!! am frustrated they havent sent the statements yet, keen to get them to find out the true figure theyve ripped us off for! Any help and advice greatly appreciated!!!

cheers.

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F&Q's... Read here

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Hi all,

received statements on 40th day from halifax! charges total 7,500 quid! Feel very bitter at halifax! Like most we live very close to monthly budget! We have a newborn baby and a little boy who is unwell, im spending 15 mins here and there between looking after little ones trying to get my claim sorted asap so that we dont have to scrape for pennies! really angry that the halifax leave everything to last min to sort out! Having got that off my chest im looking for some advice if anyone can help!

Our halifax statements do not detail what each charge is for, they simply list as "charge as notified", therefore i cannot list a schedule of different charges in the prelim letter, only a total sum. Should i list and date every charge? please help, would be very grateful.:confused:

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Hi Annabellafonte is right list "charges as notified" how much and date.Thats what I did.And have just finished my process and won.So you are on target and doing things right.You can only put down what is on your statements provided by the bank!No worries!

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  • 4 weeks later...

Hi everyone,

its 14 days today since i posted the prelim letter to halifax by special delivery, and no response, SURPRISE SURPRISE! Am just getting ready to write the LBA letter to post this afternoon. Do i need to state in the letter that i will also be claiming 8% interest plus court costs if and when it goes to court in 14 days? Any advice much appreciated! Thanks.

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Hi buzylizzy,

 

No you dont have to add anything yet. Just send the lba and then start reading up on the court stages.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

Hi all,

a little question! does any one know whether we can request that halifax pay back the charges by sending us a cheque instead of paying direct into our account? Or does it have to be direct into our account?

 

cheers.

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If you require payment by cheque you need to put that in your POC.

If you owe them money, that are within their rights to put your refund towards what you owe and give you the difference.

Do you owe them any money>

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Hello everyone,

I posted a thread a few days ago but didnt have time to check back till now, asked if anyone knew whether we can request refund as a cheque. Someone suggested I need to state it in POC, does that stand for particulars of claim? Have already gone through LBA stage and 14 days expires on friday, we didnt request cheque at the time though. As we owe money for credit card I am worried that they are going to put refund in account and then pinch it again straight away as they have done this kind of thing to us in the past, taking all of our wages from the account to pay towards credit card without even informing us! thereby having a knock on effect on direct debits etc...as you all know leading to charges etc!!! Hve been trying to negotiate a payment for the credit card but now we mysteriously dont seem to be able to get them to talk to us, am very suspicious that they are holding out to pinch all our money even though all problems financially up till now including mortgage arrears have resulted from their bank charges! we desperately need to hold on to the money to sort ourselves out financially and am very worried about them swallowing it all up, i hate it that they can just dip into our account whenever they feel like it! Please help and advise, having late worrying nights!

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  • 2 weeks later...

Hello all,

Have received a full settlement offer from Halifax on our current account without having to go to court, although they did string it out right to the last minute! They have sent us an acceptance form which they say we must return before they can pay us the money. We are currently trying to negotiate a monthly repayment arrangement on our Halifax credit card with Solicitors, but we are really worried that until we make the arangement with the solicitors for a monthly payment based on what we can afford then the Halifax might pinch all the charges money from our curent account to repay the credit card as soon as it goes into our account. We have much more urgent plans for the money than repaying the credit card as we have mortgage arrears which were originally caused by the bank charges in the first place. Does anyone know or can you advise whether Halifax are likely to dip into our account whenever they like? and will making a arrangement on the credit card account prevent them being able to?! Please help, we are losing so much sleep and we have been through some really hard times, we desperately want the chance to start living again!

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I am having a similar experience but with my overdraft facility. I have previously arranged a reducing overdraft facility but Halifax immediately removed the whole facility as soon as they agreed the refund. My overdraft currently stands at -£1492, my refund is £1972, thereby not leaving much. I too have other more pressing debts and wanted to use this money to pay those, happy in the knowledge that I could continue with my arrangement. I had already been given confirmation that the arrangement could stay from collections prior to accepting the refund. They make me sick!!!!!

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They shouldn't, but then, one thing we learn with the banks is that they change the rules as suits them...

 

Do you do online banking? My advice is check every morning, every afternoon, every evening and as soon as the money hits the account, go and withdraw it. This way, if they try to do it, they won't be able to. I wouldn't normally advise this, but at the end of it, you are quite right, mortgage arrears are more important than a credit card.

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