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    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
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      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.
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      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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