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    • 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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pinky v A&L


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  • 2 weeks later...
Hi Claire,

Well I received the letter last week with a cheque for the difference (£12...) which i'll be refusing but today I received my defence from the solicitors and now i'm scared.....

:p

 

Hiya

 

Nothing to worry about, I have had mine and am just waiting on a court date now. I had to fill in an AQ and I have just received theirs back.

 

I will call the court today just to make sure I know where I stand and to make sure everything is ok so far.

 

Good luck and keep us informed

Claire

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Hi Claire,

Well I received the letter last week with a cheque for the difference (£12...) which i'll be refusing but today I received my defence from the solicitors and now i'm scared.....

:p

 

It'll be their "standard" defence which we all get:rolleyes:

 

If you have a clause in it saying you haven't "particularised your claim", I'd send them your charges list, saying you've already sent to A&L and you hope it clarifies your claim. Then just sit and wait 'til you hear from the court.

 

In the meantime, just keep all your correspondence together with your bank statements with charges highlighted on them as these will form some of your court bundle when/if the time comes.icon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Thanks

Who do i send the particulars to now? Have sent to the court once and the bank but don't think I sent one to the solicitors.

Also, read somewhere about a nudge letter you can send, does anyone have a copy of this?

 

An extra thing with A&L now is that because I've gone way over my overdraft because of all these charges I've stopped using the account but they have now written to me with a default notice and all sorts of threats and have also closed my account or at least stopped me using or accessing it. Bearing in mind I have no money to pay this back until I get some of these charges back what can I do???

pinky :oops:

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The nudge letter templates are here :-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=allocation#post695176

 

Don't expect them to settle though, they won't! The most they'll do is offer you a silly amount or ignore the letter altogether (which is more likely). Should it go to court though, it might look good in the eyes of the judge that you've attempted to settle before court.

 

Send your charges schedule to Wragge, as above.

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Hi Pinky and all the best with your claim. I have found the link posted below, it was put up on a CAG thread on one of the other bank forums. I have not tried this procedure myself yet, but I will. It may help you remove any default notices. It may also help peeps getting a hold of their original terms and conditions.

 

Remove Default Notices on a Credit File - We show you how

 

William

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Thanks William,

I've actually used that before and successfully managed to get a default taken off from Vodafone, although I think this applies more to old default notices and I'm more concerned with what to do now before they actually file the default. Should I be sending them a CCA request? does this work with banks??

Thanks

pinky :p

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Regarding your post on Zanders thread...............

 

 

"they are now threatening all sorts because of this and have also 'closed' my account"

 

 

I have had my account closed after 12 years with the A&L (£350 over the agreed o/d level of £500). Over a period of 6-7 weeks I have recieved a series of letters from; Legal & Trade,Hollis Briggs and Security Investigations Dept Recovery Division (all acting for A&L). Each has claimed that I owe the A&L appox £850. This amount is made up entirely of penalty charges taken from my A&L account.

 

I have written to each by rec del and informed them that the account is in dispute, the dispute involves current litigation and that if I to communicate with any of them again, I "MAY" charge them £9.20 an hour, plus costs to reply. I also advised each to contact the A&L for further advise.

 

Since then...................appox 17.05.07 I have not heard a squeak from any of them, this may be a coincidence or I may have stopped the threatening letters by my actions, either way they have stopped.

 

ps everthing I seem to do nowadays involves visits to the post office :)

 

William

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  • 2 weeks later...

Well I've sent off my soc to Wragges and have now received my Notice of Transfer of Proceedings, the AQ bit has been crossed out.

What's my next step? I phone the court and ask if I still have to pay the £100?? does this have to be done within 14 days of receiving the letter? Should I be doing anything else?

 

Thanks

pinky :p

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bump - try putting AQ in as a search as I know there is a section in either Step by step instructions or FAQ about having no AQ - also there is a whole section on the stage of court hearings.

 

If I can find it I will link back

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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go to General - there are two threads there today about dispensing with AQ- hope that helps.

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Well today A&L sent me a letter saying they have closed my account because of the debt that I have on there.

Since I started my dispute with them some months ago (am currently awaiting a court date) they have issued a default notice, threatened to close my account and have now done so.

I contacted them after they 'limited' my account, hence I couldn't see any of my account details online, I advised them my account was in dispute and that by limiting or closing my account I felt they would be acting inappropriately but they obviously paid no attention.

My question is even though the account is in dispute- I am well over my overdraft (although claiming 3 times more than this), can they fairly close my account because of this?

Does anyone have any letter templates I could send them? I'm not very good with the correct wording!!

Thank you!

pinky :p

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Hi pinky, I have had a similar experience with the A&L the only difference was that I closed my account before they did.

 

If you are the victim of a retaliatory account - closure after you issued a claim against them, you can get compensated. There is a link but I cant find it just now (off to work).

 

You could also amend your claim and add the removal of your default notice. This may cost YOU some cash though (I think its £35).

 

If you get harassed by there dept recovery dept,legal team or any agents acting for them next, have a look at this..........

Protection from Harassment Act 1997

 

Someone will have advise for you.

 

William. :)

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Many thanks William,

Obviously it's difficult because I'm not sure if it's retaliative as yes I do owe them money and have stopped paying funds into my account because it was all getting eaten up by charges. They've sent me a letter saying the account's closed but do I now need to get a final letter from them before I complain to the FOS, or is that enough to go forward?

I really would like to get the default removed as I'm having loads of problems because of defaults at the moment, please could someone advise me what I can do?? Can I change my claim now I'm at this late stage? I've had the defence, just waiting for a court date.

Thanks everyone, you're all very helpful, I'm usually quite intelligent but all this is just a minefield to me!!!

pinky :p

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Here is the link I was referring to Pinky...............

 

http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html

 

You could phone the court and ask how much it will cost to amend your claim. I shall have a sift through and see if there is anything I can help you with.

 

William. :)

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There are CAG members who have used this link to remove defaults.........

 

Remove Default Notices on a Credit File - We show you how

 

It look fairly straightforward, I have not done this process yet but I will be trying this method for a telecoms default. It was a small sum (£25-£30) for which I recieved a default notice.

 

William. :)

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You're an absolute star William - thank you ever so much!!!

I've used that default removal thing before, it's worked once so far and the other one is in progress so fingers crossed! I just wasn't sure whether I'd be able to do it now with A&L because a) they've closed my account and b) it's in dispute and about to go to court - I guess it shouldn't make any difference though.

pinky :p

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Keep going pinky!

 

You are doing just fine.

 

I'm having dificulty getting defaults removed and it can appear quite tricky. But take the advice and remember that you have now taken control.

 

Remember how it was before you joined CAG. You are amongst friends and the tide is turning!!;)

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