Jump to content


  • Tweets

  • Posts

    • How much of the documentation have you seen from when probate was obtained? And do you have a copy of the original will? I can't remember. My thought about you making the decision on your own to go with another lawyer is that three of you are meant to be beneficiaries of this will trust, aren't you? Normally you would need to act together. HB
    • Octopus allows you to pay by variable Direct Debit, so you pay only for what you use but still benefit from DD pricing. That's what I've done ever we were SOLRed over to them in July 2022.
    • Hi guys, I am about to file my defence via email as cannot log in to the claim anymore.  Can you please advise if I can paste below and if it's good to go for now, or should I add anything else in?  Thanks!  The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.  1.  The Defendant is the recorded keeper of vehicle xxxx xxx.  2.  It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD.  3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.   4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.  5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.   6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Getting onto the ladder: The first-time buyer conundrumView the full article
    • Ooops - one to many also s..... my draft reply should read as:  Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands, and if P2G wish to avoid the addition of court costs and interest to my claim, you may wish to respond positively before that date.
  • Recommended Topics

  • 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
      • 161 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
        • Like
  • Recommended Topics

Snowed under with debt, question about assets


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2621 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Not aguing, DX... just trying to help AlleyKat hold onto her much loved and very necessary van. She hasn't defaulted on her debts and is only considering bankruptcy so is nowhere near to having stuff grabbed by bailiffs and can legally transfer ownership to her daughter, who in fact paid for the van with her benefits.

 

My brother is disabled and they recently revoked his driving licence. He is still the owner of his car but my sister is now the registered keeper as she uses it to drive him about. It's not a 'loophole', it's recognised in law. TB

Link to post
Share on other sites

Ok, Renegade - thank you.

I agree - I thought paying until I can't, or rather just before, was the way forward. I'll start keeping tabs on our expenditure. With regards cutting back, apart from the debt direct debits, I only have phone and broadband, council tax, water (watersure tariff for disabled customers), gas/electric (recently switched supplier after paying through the nose with British Gas for 20 years), 3 sim card plans for myself & kids at £5.50 per month, and a life insurance policy (£11p/m). I tend to pay car insurance annually to save money. We don't watch live TV, so no license or TV bill to pay for, but we do have netflix.

 

I don't receive any tax credits at all, my income is purely made up of carers allowance, child benefit and income support. I'll sit tight for a few months and go from there.

 

Really? It doesn't feel like that :-D I'l try and stop worrying so much, but it's hard to let go and relax.

 

Thanks again, really appreciate the input.

 

You certainly need to speak to someone that deals with all types of benefits and household income issues. With your council tax, when your income from benefits changes you will need to update the council and they will apply any reduction you may be entitled to.

 

When was the last time there was any assessment of what you are entitled to receive and is there any help available from your local council ? Some councils have staff that are trained to assist people, so they can have access to what they need.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Not aguing, DX... just trying to help AlleyKat hold onto her much loved and very necessary van. She hasn't defaulted on her debts and is only considering bankruptcy so is nowhere near to having stuff grabbed by bailiffs and can legally transfer ownership to her daughter, who in fact paid for the van with her benefits.

 

My brother is disabled and they recently revoked his driving licence. He is still the owner of his car but my sister is now the registered keeper as she uses it to drive him about. It's not a 'loophole', it's recognised in law. TB

 

 

it would be an extremely remote instance whereby a vehicle can be seize for consumer debt

transferring it to someone else does not protect it

but as there is NO FINANCE on the said vehicle

and

NO Logbook loans

then No-One can touch it regarding consumer/civil debt

even if one DOES get into court.

 

 

please stop panicking the OP.

even though your intentions a re good.

it WONT/CANT happen

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks to you DX and you ThedaBara -

 

I have been reading forums for a while, and I interpreted it differently DX, if you're right, that's a weight of my mind.

 

 

As the debt is quite high, if I went down the DMP route, only paying say £20pm, I'd be paying it all off until after I died!

That's why I thought DRO or bankruptcy would be my best option

- on the StepChange website it says I can't keep a vehicle over £1000 and it will be seized and sold

- it also said that OR would contact DVLA to see what vehicles I had in my name, hence the panic.

 

 

There was a post from a woman who went bankrupt for half of what I owe, and they took her old banger, even though they valued it at just £400. She argued that she needed it due to having small children, so they offered to sell it back to her for £350:!:

 

is there another option that I don't know about,

or would you suggest the DMP regardless of length of repayment and a forever trashed credit report?

 

 

To be honest, I could probably live without credit and yes, we'd keep the van, but the thought of paying every spare penny I have ad infinitum - that's depressing.

 

You certainly need to speak to someone that deals with all types of benefits and household income issues. With your council tax, when your income from benefits changes you will need to update the council and they will apply any reduction you may be entitled to.

 

When was the last time there was any assessment of what you are entitled to receive and is there any help available from your local council ? Some councils have staff that are trained to assist people, so they can have access to what they need.

 

It's been a while, but I used one of those income calculators only a few months ago and it all looked right.

 

The local council do have a welfare assistance department, so I can get help from there when it's about time to start applying.

 

Thanks again, CAGgers

Link to post
Share on other sites

You don't want go through Bankruptcy anyway, as i am not sure it is the right option here. There is no need to hurry into any option, as if you had to default on repaying these debts, it could be years before any action was taken e.g court claims.

 

If it gets to the stage where you just don't have the money to pay any amounts due, then you must contact the creditors to advise of your circumstances. There is a process they have to go through to assess hardship issues and they might stop interest, as well as accepting reduced payments. If you need to go down the debt relief route, then speak to Stepchange and find the best option.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

def no need for BK.

fire off that letter to all of them.

no need for recorded post

free 2nd class proof of posting will do

 

let start gathering info too.

 

have you all the statements for each of these cards?

we don't know whats might be reclaimable etc etc.

 

then comeback to things later

 

eitherway your credit file will be shafted for 6yrs.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

You don't want go through Bankruptcy anyway, as i am not sure it is the right option here. There is no need to hurry into any option, as if you had to default on repaying these debts, it could be years before any action was taken e.g court claims.

 

If it gets to the stage where you just don't have the money to pay any amounts due, then you must contact the creditors to advise of your circumstances. There is a process they have to go through to assess hardship issues and they might stop interest, as well as accepting reduced payments. If you need to go down the debt relief route, then speak to Stepchange and find the best option.

 

OK UncleB. Thanks

Link to post
Share on other sites

  • 3 months later...

 

let start gathering info too.

 

have you all the statements for each of these cards?

we don't know what might be reclaimable etc etc.

 

then comeback to things later

 

eitherway your credit file will be shafted for 6yrs.

 

dx

 

sorry for my absence, family stuff happened!

 

DX, what do you mean by reclaimable? I have online statements, all of them.

 

Hope you all had a great christmas.

Link to post
Share on other sites

PPI

penalty charges

insurances

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

I bet you did

 

 

so you've sent a CCA request to whomever she pays each one too in post 8

 

 

and sent an sar to each original creditor to get all the statements and check.

 

 

I don't believe for one minute that none of those you've list have not charge penalties esp if shes had payment issues

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi DX.

 

I really didn't take any of that out - I always refused when offered.

 

As yet, I haven't had any payment issues, none late, missed or unpaid. I'm still paying them off as normal and right now my credit report is tickety boo. I am struggling, but I'm still paying.

 

**this is my debt, not my daughters. She doesn't have any credit at all.

Edited by Alleykat
Additional info
Link to post
Share on other sites

yea sri got that bit wrong. daughter... just fast reading....

 

 

time to start sending those letters we recommended then.

 

 

see who is willing to help you

as they should under FCA rules.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

OK, I think it's time too.

I have some BNPL that have ended and that's another £150pm on top of what I'm paying now.

 

What are the options that you're thinking of for long term handling of this debt?

 

 

I know with DRO my debt is gone after a year,

with a 6 year CR trashing,

but obviously that puts our campervan at risk.

 

 

I don't know of any other debt help options that doesn't require selling of assets

- at least ones that won't have me paying whatever small amount I'll have left over every month, forever

- and wouldn't that mean an eternity with a bad credit report too?

 

 

I thought that at least with a DRO, I wouldn't have to worry about bailiffs etc.

 

15k will take me the rest of my life to pay off, at the rate of £40pm.

And that £40 will be the only spare cash I have.

That's a depressing thought.

Link to post
Share on other sites

listen put out of your head bailiffs coming and taking your van or ANY bailiffs coming.

a dro does not put it at risk either

 

 

bailiff don't ever get involved until you've been taken to court

lost [no you'd agree to a very low sum]

they get a CCJ [if you don't keep up your very low payments]

and then get a court bailiff involved

[and they are your friend, you'll simply do a variation order]

 

 

all very rare.

 

 

get those offer letters off

 

 

it could well be that the debts might well be written off at a later date

but once you default then 6yrs they go off the file.

 

 

if it doesn't work out in a few years

then consider the dro

but £15k or even £20k is not a sum we'd recommend doing one for.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...