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    • I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.
    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?
    • Probably the case @lookinforinfo Also an update, I've got the registered keeper letter. Just to check that I continue to ignore it until PAP letter comes in?
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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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Repayment offers - what %age is reasonable?


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In the next few months, I am hoping to be able to offer settlements to try and close some of my debts out, particularly where there are CCJs and/or charges on the property, so that we can remortgage, hopefully with a ‘normal’ lender. We are currently trapped in an interest only mortgage and need to get a different package, but these things effectively stop us doing so.

We are currently paying several creditors, either by court order or by mutual agreement, various fixed sums per month ranging from £5 to £40, and two companies have a charge on our house.

Some of the payments under court order are due to go on until way after we are dead, assuming we don’t live to be 130! So they are unlikely to get the debt repaid.

What I’m wondering is, how does one go about making offers of repayment, if one can only offer a fraction of the whole?

Say, if I am paying a £10K sum at £10 a month. That adds up to 1000 months or 83 years! If I offered the creditor a one-off payment of £1K in settlement, would I be being ridiculous? It seems they could do a lot more with a grand than with a drip-feed of a tenner a month until I die (I’m in my early 50s).

And, if they took my grand in final settlement, could I then get CCJs and charges removed?

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Hi, Full & Final Settlements, need to be handled very carefully as you could find any remaining balances coming back to bite you later.

 

With those debts that are subject to CCJs the judgement will remain a matter of public record for six years from the judgement date paid off or not.

 

You will almost certainly be asked with any type of mortgage app if you have had any CCJs (usually in the last years).

Also any lender will these days be looking at an absolute minimum of good to excellent credit management of 3 years and for mortgages probably longer.

 

To get proper advice for this you need to list the debts, their status (CCJ/CCJ and Charging order/charging order/arrangement to pay with creditor or a DCA.

The amount outstanding, the companies concerned.

 

With 'straight forward' debt with creditor or a DCA one would look to making an opening offer of 10-15% of the outstanding balance plus it being conditional on the remaining balance not being sold on to any 3rd party.

 

I have to be upfront here this will be a long hard slog especially with the CCJs.

 

What is the full amount of your delinquent debt?

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May be worth making a file for each debt, with all the data for each one, amount o/s default date / CCJs post them here it will be easier to advise on where to start and what to offer.

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OK I'll do a spreadsheet. Might take a bit of time but I'll be back on here once it's done.

 

OK Yog.

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OK, after much shuffling of paperwork and organising of files, I have got things in some kind of order. Not pretty reading, although it represents a bad time in both my life and my wife’s (largely before we met).

In total, including those debts where the creditors have not been in touch for a few years, we jointly owe £51K. Terrifying, but meh, I’m used to it now.

We have 2 CCJ’s, both in my wife’s name, with Lloyds TSB and Link Financial. Both of these also have a charge on our house. There are payment arrangements on both these, which will remain in effect for many, many years.

I have 2 other payment arrangements, with Cabot and CL Finance, for small sums each month, which are fixed (non reviewable) and will go on for decades, well beyond my lifespan. There is no CCJ on these.

Of the remainder, these are all in dispute. All have had s78 letters sent, either to the current owner of the debt, or (usually) to the OC or a previous DCA. Most have not responded and of those that have, two have provided copy CAs (or at least signed application forms). Most are dormant however, with no contact in the last 2-4 years.

So it is the CCJs I am most concerned with (total £17k), meaning LTSB and Link. How to approach them, and what is realistic? We have a limited sum to play with but it’s an opportunity to get some debt off our backs and get out of our mortgage trap.

If they will play ball, then there are the other ones where we have fixed payment arrangements but no CCJs. As these payments are paltry and endless, surely they’d jump at a chunk of money? But let’s look at the important ones first: LTSB and Link.

Oh and, if a creditor accepts a full and final settlement, does that mean we can get the charge removed from the house?

Oh and one very last thing! Is it still possible and worthwhile trying to reclaim bank charges and PPI from old bank accounts? I had 12 years of PPI payments on a previous mortgage with HSBC and Bradford & Bingley before them. No idea how to go about it but a debt adviser suggested we might be able to get back a substantial sum, which would help clear more of these debts.

Edited by Yog sothoth
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Hello Yog,

 

Let's go to your last paragraph first.

 

Bank charges ( current accounts) are no longer open to reclaim since the OFT lost the landmark test case on this.

Penalty Charges on Credit Cards and loans are reclaimable still so the should be reclaimed before considering any full & final repayment offers or repayment plans.

 

PPI on CCs on Loans most certainly reclaimable if misssold.

 

There are some site team members who are superb at helping with these reclaims if you post up the details of the accounts and the PPI details I know they can help you and with no greedy claims company taking a slice.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 weeks later...

Right Brigadier, I am engaged in a search for PPI details but in the meantime, I need to get cracking with these offers.

 

Just hypothetically, let's say I have approximately £10k to play with, to try and pay my creditors off. based on what I posted above, where should I start and how should I go about it? I presume there's a right way and several wrong ways?

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Hi folks. I really do need to make a start with these companies, so any help would be very gratefully received.

 

Should I approach each creditor one at a time, and if so, what should I offer them?

 

Obviously I want the ones with a charge on the house and a CCJ sorting first, as they are preventing us ever remortgaging. So please help!

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