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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Snowed under with debt, question about assets


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Hello,

 

I owe roughly 15k, on credit cards and a catalogue.

I've missed no payments so far and am managing to make all minimum payments with a little on top.

 

The problem I'm about to have is that my financial situation will change in 8 months.

I have a disabled daughter who will be turning 20, and the extra money we get at present will stop.

 

I had hoped to get it all paid off before then, but that's not going to be possible.

I'll still get carers allowance for her, but income support & housing benefit will be drastically reduced. I'm a single mother, so no partner to help me out.

 

I'm worrying myself sick about it, and it's looking increasingly likely that I'll have to go bankrupt

- from what I've read, you can't do a DRO if you're on benefits

- and my daughters condition means that I'll be her carer for the rest of her life, so benefits will be all I have.

 

We live in a council home, and I have no savings.

We have a car, worth roughly 1.5k and a 15yr old but much loved campervan worth about 3k. Both are registered as used for disability, with the van being the main vehicle. Both are registered under the blue badge scheme.

 

I know that I have bigger things to worry about, but that campervan is the only way we get to have some respite

. My daughter is severely autistic and we use the van 2/3 times per year for weekends at quiet beaches.

 

We can't travel by train or airplane, and the van allows us to make multiple stops along the way, should we need. Having the campervan also means being able to afford to even get away. The van is our only asset, so I know that we will have to sell to put toward debts.

 

I'm just hoping there may be other options open to us that I might not know about, that will enable us to keep hold of it.

 

My daughter loves that van and we've got so many happy memories from it. I just don't know how I could make her understand that the van has to go.

 

If anyone can offer some advice, that'd be great.

I'm struggling to sleep and eat with the worry of this debt.

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Hello and Welcome Alleykat,

 

Sorry to read about your situation, your thread would be best placed in another forum for you to get the correct advice, I'll see about moving it shortly.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hello and Welcome Alleykat,

 

Sorry to read about your situation, your thread would be best placed in another forum for you to get the correct advice, I'll see about moving it shortly.

 

Thanks, I hoped it was in the right place but wasn't sure.

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Maybe you can register the van in your daughter's name... I'm not sure, but I think it would work. TB

 

I'm not sure that's an option - she doesn't even have a provisional and will never be able to drive. Thanks for the thought though.

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There are clubs you can join or start a club to register all your vehicles to or find a friend for a mutual?

 

After defaulting on the unsecured debt which it sounds likely you will anyway soon without some good fortune I would say perhaps now is the time to consider making a reduced min offer of payment to them all till your able to afford more so offer them creditors all a £1 a month deal or whatever you can afford pro rata till your fortune improves?

 

Obv your credit rating could suffer blah blah blah thats prob what I would do in your situation once those essential family assets are safe.

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You don't have to sell the van at all

And I'd not go down any bk or dro or iva route yet

 

Why are you losing her money?

 

Can you list your debts please

Who was the original credit or

Who you pay now

Debt amount

Date of take out

Type of credit

 

Reduced payment is as hinted by WL is the best way

 

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... 

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Why are you losing her money?

 

Can you list your debts please

Who was the original credit or

Who you pay now

Debt amount

Date of take out

Type of credit

 

 

 

Dx

 

Thanks for taking the time to respond

- as she turns 20,

she will no longer be classed as my child. I

will have to apply for ESA or similar for her.

Child benefit will stop,

Income support decreases as she will no longer be a dependent,

I lose the severe disablement premium for a child and my carers allowance will also drop £30.

She will still reeceive her PIP but that goes towards her needs.

 

Debt is:

 

£4.5k mbna (2 cards) 3yrs old

£4.5k barclaycard 3yrs old

£3.5k catalogue 6yrs old

£2.5k argos card 5yrs old

 

I had considered offering a reduced amount, and that's great at the moment while we still have disposable income, but eventually, I'll be struggling to find £30/£40 per month and if I pay all of that every month,

 

 

I'll be repaying for years and years with no money for anything other than food & bills.

I know I got myself in this situation, but the thought of being penniless for decades is pretty depressing.

 

 

We moved into a property that was more suitable for my daughter (bedroom and bathroom on same level, to avoid falls during the night), but it was an absolute shell - I thought I could make the house a home and still have time to pay it all off before my situation changed.

 

I had debated selling the van to a friend but I read that any sale of assets during the last 2 years would be investigated, so I just don't know.

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Might be an idea to start a thread in the benefit forum

But ESA should be easy and needs to be gotten going now

If you have all the statements from her education etc should be a walk in the park

Why have you waited this long

You should have gotten this years ago.. Sorry puzzled???

 

Anyway

Not my best subject...

 

Are all you debts still with the original creditors?

If not time for a CCA request on each bar the CCJ s

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... 

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She attends a local college with additional support, so for that reason she is still classed as a child - applying for ESA before then would have put us in the same reduced finances situation, just earlier.

 

She'll be continuing at college even after her 20th birthday, just as an adult rather than a child. Yes, we have evidence, statement etc, but the amount of money paid by ESA will still be a lot less than we get at present.

 

Yes, debts are with original creditors, and no payments late or missed.

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Is she getting EMA too?

 

Were any of these debts taken out before Apr 2007?

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... 

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EMA ended in England if I recall. As she's still classed as a child, with child benefit still being paid for her, I receive extra money for her by way of income support. As far as I'm aware, we get everything we/she is entitled to.

 

All debts were taken out after 2010.

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I'm not sure that's an option - she doesn't even have a provisional and will never be able to drive. Thanks for the thought though.

 

You don't need to have a driving license to own a car... as far as I am aware. Someone correct me if I'm wrong. TB

 

This is what the police & DVLA say;

 

You don't need a driving licence to own a vehicle.

 

So your daughter can be the owner, and you will be the registered keeper. The vehicle is necessary for the job you do as your daughter's carer. I doubt any bailiff can take away goods which don't belong to the debtor. I guess you can make it more official by 'selling' the car to your daughter for a nominal fee. Don't forget to get a bill of sale!. TB

 

A registration document (V5) is not proof of ownership. The registered keeper should be the person who is actually using / keeping the vehicle and this is not necessarily the owner of the vehicle or the person who is paying for it.

 

He is the person responsible for the vehicle so far as official communications from the police/DVLA etc., but the owner is the person who put up the cash (or was given it as a gift).

 

The DVLA make a point of saying that the person named on the registration document is not necessarily the owner.

 

This is particularly true with a company car which is owned by the company, however the registration document should show the registered keeper, i.e. the day to day user (this may be an employee who has it as a permanent perk with his/her job).

 

In the case of a car used by a married couple, ownership of any property is usually classed as joint and if the husband was stopped driving the vehicle without insurance the police would probably accept that he was joint owner and not look to the wife for additional offences, such as owner permitting no insurance.

 

A registered keeper will usually be regarded as responsible for parking tickets etc so it would be wise to have the registration document changed if you are the owner, but not the user/keeper. There might also be some circumstances where you would be deemed as being the owner of the vehicle for an insurance offence, e.g. if you are permitting someone to use the vehicle knowing full well it is not insured or roadworthy.

 

Most insurance companies insist that the person who they insure is the primary user of the vehicle and can specify that the person is the registered keeper. It is up to them who they will or will not insure

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If that's the case, then that would be fantastic. I guess you could say that she did pay for the van, as it was only possible to buy it due to her disability benefit. It might seem an extravagant purchase, but the benefits of having it have more than made it worth it.

 

I suppose I should look into this some more, but in the meantime I've still got to work out what to do with regard the debt. I'm loathe to offer drastically reduced payments while I can still afford to clear at least some of the debt. Once my finances change next year, I'd end up paying whatever small amount I can for who knows how many years.

 

If someone could tell me what different types of debt relief I'd have available, that'd be great.

 

Thanks for all the input so far,

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This is what the police & DVLA say;

 

You don't need a driving licence to own a vehicle.

 

So your daughter can be the owner, and you will be the registered keeper. The vehicle is necessary for the job you do as your daughter's carer. I doubt any bailiff can take away goods which don't belong to the debtor. I guess you can make it more official by 'selling' the car to your daughter for a nominal fee. Don't forget to get a bill of sale!. TB

 

A registration document (V5) is not proof of ownership. The registered keeper should be the person who is actually using / keeping the vehicle and this is not necessarily the owner of the vehicle or the person who is paying for it.

 

He is the person responsible for the vehicle so far as official communications from the police/DVLA etc., but the owner is the person who put up the cash (or was given it as a gift).

 

The DVLA make a point of saying that the person named on the registration document is not necessarily the owner.

 

This is particularly true with a company car which is owned by the company, however the registration document should show the registered keeper, i.e. the day to day user (this may be an employee who has it as a permanent perk with his/her job).

 

In the case of a car used by a married couple, ownership of any property is usually classed as joint and if the husband was stopped driving the vehicle without insurance the police would probably accept that he was joint owner and not look to the wife for additional offences, such as owner permitting no insurance.

 

A registered keeper will usually be regarded as responsible for parking tickets etc so it would be wise to have the registration document changed if you are the owner, but not the user/keeper. There might also be some circumstances where you would be deemed as being the owner of the vehicle for an insurance offence, e.g. if you are permitting someone to use the vehicle knowing full well it is not insured or roadworthy.

 

Most insurance companies insist that the person who they insure is the primary user of the vehicle and can specify that the person is the registered keeper. It is up to them who they will or will not insure

 

That is a very worrying post and any bailiffs, if any get involved would easily see straight through it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think it would be worth you contacting charities that help those with disabilities. They often have people or contacts that can offer assistance in these situations. Because they deal with people in this situation on a daily basis, they can often provide rounded advice on all of the issues being faced and might even know of things which an internet forum might not be aware of. E.g. There might be local help available to you, where they can assist with benefit changes, local council, housing issues etc etc.

We could do with some help from you.

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That is a very worrying post and any bailiffs, if any get involved would easily see straight through it.

 

Oh :( I was hoping that was a loophole rather than dishonest. I guess we'll just have to resign ourselves to having to sell it.

 

I think it would be worth you contacting charities that help those with disabilities. They often have people or contacts that can offer assistance in these situations. Because they deal with people in this situation on a daily basis, they can often provide rounded advice on all of the issues being faced and might even know of things which an internet forum might not be aware of. E.g. There might be local help available to you, where they can assist with benefit changes, local council, housing issues etc etc.

 

I'll look into the charities over the next week, although I'm sure getting her benefits won't pose a problem.

 

I'd still like to know what debt relief there may be that could help me. I know I'm worrying 8 months in advance, but it feels like it's right around the corner. Also, if going bankrupt is my best option, I have to save for the £700+ fee.

 

Thanks again.

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ITs not a loophole at all. Bailiffs and courts ( you are a LONG way from those) Can see right through it as people regularly try that method to avoid fees or their debts.

 

First thing to do though is contact your creditors and negotiate a reduced payment . Dont tell them about the future just yet, just say youre experiencing difficulties and need to lower the amount youre repaying. Then when they ask in a few months for increased payments, you tell them no cos your situation hasnt changed.

 

Can i ask if these debts are still with all the original creditors, and they havent passed on or sold the debts to a dca?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yep, the debts are all still with the original creditors

- as I said, I haven't even made so much as a late payment yet and they're all accounts I've opened since 2010.

 

I understand what you're saying about arranging smaller payments, but I would really like to clear as much as possible while I'm still able. I don't feel comfortable telling them I can't afford it when I actually can. Is this absolutely necessary right away?

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My advice from experience is get a reduced payment, pay it.

 

Keep the extra cash you'd have from what you'd normally pay and use it when your reduced payment gets too much. I

 

t isn't ideal but it would give you some breathing space to arrange plans

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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£15k is nothing

go talk to payplan or stepchange

they'll sort it out for you.

 

 

no need to worry about anything.

 

 

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... 

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Share on other sites

Yep, the debts are all still with the original creditors - as I said, I haven't even made so much as a late payment yet and they're all accounts I've opened since 2010.

 

I understand what you're saying about arranging smaller payments, but I would really like to clear as much as possible while I'm still able. I don't feel comfortable telling them I can't afford it when I actually can. Is this absolutely necessary right away?

 

If you are facing hardship with no siginicant assets, then it might be worth asking the question to these creditors, as to what help they can provide. It sounds like you are not in this position yet, but it is possibly on the horizon and therefore they may not believe you need any help at this moment. They will want you to continue making minimum payments and advise them when you can't. They might freeze these accounts and not allow any more use of them to make payments or obtain cash withdrawals.

 

You need to start working out your finances going forward with a monthly planner. You can then work out roughly when you won't be able to pay minimum payments required. Also write down all of your other household spending and start to look at any savings you can make e.g switch utility companies, TV/broadband etc. See what you can reduce or do without,

 

Do you receive tax credits or other income that need to be reassessed soon ? Write a list of everything you need to look at and work through it. There are different sections on CAG where people with knowledge might be able to advise.

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

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Ok, Renegade - thank you.

 

If you are facing hardship with no siginicant assets, then it might be worth asking the question to these creditors, as to what help they can provide. It sounds like you are not in this position yet, but it is possibly on the horizon and therefore they may not believe you need any help at this moment. They will want you to continue making minimum payments and advise them when you can't. They might freeze these accounts and not allow any more use of them to make payments or obtain cash withdrawals.

 

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.

 

£15k is nothing

go talk to payplan or stepchange

they'll sort it out for you.

 

no need to worry about anything.

 

dx

 

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.

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There is nothing illegal or dishonest about my post. The daughter is perfectly entitled to be given the van as a gift or can lawfully purchase it from her mother. Please say why that is wrong? There are no bailiffs or enforcement yet. The OP is not a bankrupt or in default yet.

The registered keeper and the owner do not have to be the same person. I got the information from DVLA/Police sources online. TB

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ok can we stop arguing please guys not helping the OP

 

alleykat

in our debt collection section of the library

there are numerous letters you can send

about the debts

try the one to freeze interest/charges first

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty

 

your godsend at present is these are still with the original creditors

they are duty bound to help you.

 

 

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... 

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