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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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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novice computer user v barclays.*WON DEFENCE THOWN OUT*


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Hi all No tez no holiday for us this year:( never mind eh! just been rather busy, hey jenny sounds like you are overworked! hope it all goes well once the teething troubles are over. good luck:cool:

whats it like tonyc, coming back down to earth?

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whats it like tonyc, coming back down to earth?

 

It was so bad, i had to book another 3 weeks in May.

 

Dont know if i can wait 24 weeks and 3 days for that 94 degree sunshine, those golden beaches, crystal clear seas. Those 8 course meals for a tenner, 40p a pint largers, those people, that food, oooooooooooooooohhhhhhhhhhhhhhhhhhhhhh. That sunset..

 

 

 

ko_samet_sunrise_big.jpgbeaches_ko_samet_volleyball.jpg

 

beaches_khao_lak_4.jpgbeaches_pipi_leh.jpg

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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I am going on my own next time, you are all welcome to join me...

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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fantastic photos tonyc is that you standing alone in the footprints one? my boss has a place out there in phuket, in fact hes there now, he goes for about a month every other month.....whilst I stay here and do all the work.. me thinks something wrong somewhere!

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Hi Jenny, hubbie is fine, he was up the scaffolding after 10 days, in fact the front is finished it was a long job renewing part of it and all the stained part sanded right back all in all 8 coats applied. waiting for our son to come on friday to help take it down, store it till next spring, too late to do back of house now. Hope your carpet /flooring business going on well. It must be very tiring for you, I think you are following in my footsteps!! general dogsbody, jack of all trades!! I hope you make more money than we did though !!

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Hi all, Don't forget 7.00 BBC2 RUN ON THE BANK: PENALTY PAIN. LIBBY POTTER INVESTIGATES THE ISSUE OF BANK PENALTY CHARGES. THE FINANCIAL INSTITUTIONS INSIST THEY ARE LEGAL, YET THEY CONTINUE TO PAY OUT MILLIONS OF POUNDS IN COMPENSATION.

 

 

(QUOTE FROM STEPHEN AT PENALTY CHARGES)

 

WATCH BBC2 ON FRIDAY THE 16TH MONEY PROGRAME 2007 GREAT UPDATE ON BANK CHARGES. Oh you get to see me and Angela Knight

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I hope this lady is on the programme!!

 

A 98 year old woman in the UK wrote this to her bank. The bank manager thought it amusing enough to have it published in the Times.

Dear Sir,

I am writing to thank you for bouncing my cheque with which I endeavoured to pay my plumber last month. By my calculations, three 'nanoseconds' must have elapsed between his presenting the cheque and the arrival in my account of the funds needed to honour it. I refer, of course, to the automatic monthly deposit of my Pension, an arrangement, which, I admit, has been in place for only thirty eight years. You are to be commended for seizing that brief window of opportunity, and also for debiting my account £30 by way of penalty for the inconvenience caused to your bank.

My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways. I noticed that whereas I personally attend to your telephone calls and letters, when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become. From now on, I, like you, choose only to deal with a flesh-and-blood person.

My mortgage and loan payments will therefore and hereafter no longer be automatic, but will arrive at your bank by cheque, addressed personally and confidentially to an employee at your bank whom you must nominate. Be aware that it is an offence under the Postal Act for any other person to open such an envelope. Please find attached an Application Contact Status which I require your chosen employee to complete. I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative. Please note that all copies of his or her medical history must be countersigned by a Solicitor, and the mandatory details of his/her financial situation (income, debts,assets and liabilities) must be accompanied by documented proof.

In due course, I will issue your employee with PIN number which he/she must quote in dealings with me. I regret that it cannot be shorter than 28 digits but, again, I have modelled it on the number of button presses required of me to access my account balance on your phone bank service.

As they say, imitation is the sincerest form of flattery.

Let me level the playing field even further. When you call me, press the buttons as follows:

1 - To make an appointment to see me.

2 - To query a missing payment.

3 - To transfer the call to my living room in case I am there.

4 - To transfer the call to my bedroom in case I am sleeping.

5 - To transfer the call to my toilet in case I am attending to nature.

6 - To transfer the call to my mobile phone if I am not at home.

7 - To leave a message on my computer (a password to access my computer is required. A password will be communicated to you at a later date to the Authorized Contact.)

8 - To return to the main menu and to listen to options 1 through to 8.

9 - To make a general complaint or inquiry, the contact will then be put on hold, pending the attention of my automated answering service. While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.

Regrettably, but again following your example, I must also levy an

establishment fee to cover the setting up of this new arrangement.

May I wish you a happy, if ever so slightly less prosperous, New Year.

Your Humble Client

(Remember: This was written by a 98 year old woman; DOESN'T SHE MAKE YOU PROUD??!)

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doit.gif How bankers do it...

Bankers do it risk-free.

Bankers do it just for money.

Bankers charge a fee each time they do it.

Bankers do it with varying rates of interest.

Bankers do it with a penalty for early withdrawal.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Yes thats what makes us so mad, they never say the obvious do they, if we were there and she had said that, we would immediately ask do you make a profit form the charges, exactly how much does it cost you? and keep saying it til we got an answer!

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No tez can't stand it, watching idiots eating bugs, and disgusting trials etc. ugh!!!!! I am very squeamish sorry:( Listening to Martin Lewis on radio 2 Jeremy Vine show they are playing the protest song!

 

 

 

Help get the Bank Charges Reclaiming Protest Song to No 1

Join the fight to show the banks who’s boss!

Over a million people have reclaimed an estimated £1bn of bank charges; today the “I fought the Lloyds” protest song by Oystar goes on pre-release. This e-mail is to ask everyone who’s reclaimed, wants to reclaim, or supports the cause to spend 50p via text to buy the song. Help get it top of the agenda by being top of the charts in the week of the big test case.

Get this to no. 1; to order a 50p download, text bankers to 82822

Please forward this to everyone you know who’ll be interested

Neither the band, record label nor MoneySavingExpert.com profit from the song

Find out more/watch Martin in the video

This is a good ol'fashioned protest song about taking on the banks and winning. It's being released via this site, but we need your help to get it to the top of the charts, and send a message to the Government, the banks and the FSA.

Can it really get to number one?

This has been sent to the 1.5m people who choose to get the free weekly MoneySaving e-mail; and it takes 30,000 downloads to top the charts, so it's possible! All pre-release sales will count in the first week of launch, hitting the charts on 13 January; the day before the likely trial date.

 

If you order the song you’ll be sent a text on 7 January giving you a download code. Texts cost 50p, plus the phone provider's standard text costs (see full info). On the day of release, you'll get a text reminding you to download the track from MoneySavingExpert.com.

 

Find out more, listen & watch the video at

www.moneysavingexpert.com/bankchargessong

Get this to no. 1; to order a 50p download, text bankers to 82822

Please forward this to everyone you know who’ll be interested

Neither the band, record label nor MoneySavingExpert.com profit from the song

 

Read the free reclaiming guides & template letters:

Bank Charges, Credit Card Charges, Loan insurance, Mortgage Fees, Council Tax

Discuss the song: The Bank Charges Song

Originally sent by Martin Lewis of MoneySavingExpert.com to all those who chose to get the MoneySavingExpert.com free weekly e-mail.

To change your E-mail or stop receiving Tips: Go to: www.moneysavingexpert.com/tips 1.gif

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