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    • Could you link us to BankFodder's post please? The judge's office means something different to me. HB
    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.
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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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Do not know what to do :(


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This is the first time i've posted here and i'm a bit of a mess right now i can't eat i can't sleep :( Basically due to suffering domestic violence for a long time i am now a single parent on benefits!! And i now can no longer afford to pay any of my debts! I owe over £5000 to provident and they won't leave me alone they are threatening me with court they want £80 a week!!! which is nearly my whole benefit payment, I have 2 accounts with my current bank rbos one is £1000 overdrawn due to charges and i'm getting letters and phone calls constantly i even offered to pay something into it each week to try sort it out but they refused!! And said that i have to pay £160 a month or they will just take it out the account i am using at the moment with them which my benefits get paid into!! So i burst into tears and had to hang up!

I have tried to open another bank account with another bank but it was declined!! I can open a post office account but my housing benefit can't get paid in and the council refused to pay it direct to my landlord it has to be sent to me!!

Once i have paid my gas and electric/council tax and food shopping i have about £10 to spare!! I just feel terrible especially for my son he has been through so much with his dad and now i feel like i am failing him!! I just can't see anyway out of this and do not know how to deal with it as i just keep busting into tears when i try to talk to someone, Can anyone please lead me in the right direction cause my head is a blur i just do not know where to start, Thankyou.

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I owe over £5000 to provident and they won't leave me alone they are threatening me with court they want £80 a week!!!
This is not a priority debt unlike your gas and electric/council tax and food shopping, so you should resist paying them anything. If they took you to court, with only £10 disposable income, the court is likely to order you to pay just £1 a week and Provident know that, which is why they are hounding and threatening you, trying to scare you into paying more than you can afford

 

And said that i have to pay £160 a month or they will just take it out the account i am using at the moment with them which my benefits get paid into!!
Unfortunately they can do this, it's called off-setting, which is why it's important to try and open an a/c elsewhere.

 

Have you tried the Co-op Cashminder a/c or Natwest Step a/c, both can be applied for on-line.

 

I'd recommend you talk to National Debtline:

National Debtline England & Wales, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

0808 808 4000

They are very helpful and non-judgemental and you can be anonymous if you wish

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Regarding opening another bank account there are loads of basic bank accounts that you can open (Michael has posted a couple but here's a quick guide to them http://www.moneymadeclear.fsa.gov.uk/pdfs/bank_accounts.pdf )

 

You shouldn't have any trouble opening one of these but would be refused for a current account which is what I assume you applied for.

 

Have you prepared an income and expenditure sheet to show your income and essential outgoing? You need to do this and make each creditor an offer on a pro rata basis based on your disposable income. As Michael has stated earlier this is all a court would do. You need to do this in writing and insist that all communication is in writing only.

 

An example letter to your creditors is shown below

 

Dear Sirs,

RE: Account Number: xxxx

I write to advise that due to unforseen circumstances, I consider that I will be unable to meet my financial commitments in full, for the immediate future.

I would like to assure you that I take my responsibilities quite seriously in this respect and have given the matter much consideration. Whilst I hope that my situation will improve in time, I feel that I will be unable to satisfy my debts in full, with careful planning and a little assistance from my creditors.

I originally considered approaching a debt management company, but rather than incur significant fees in this respect, I feel that if we can agree on sensible proposals, it would be better to use the money saved, to pay off my debt to you in a shorter time.

I have enclosed herewith a list of my creditors, which shows the balances left to pay, together with a list of my income and expenditure. You will note from the statement, that I have a monthly disposable income of £x.

Under the circumstances, I propose to divide the balance of these monies amongst my creditors, on a pro rata basis. I would also add that in the event that my circumstances change for the better, I will increase payments as and when I am able and would propose in any event to review the situation with you on a quarterly basis.

I would be most grateful if you would kindly consider freezing interest on this account, to give me a realistic chance of resolving the matter quickly.

I await your response and must insist that all further communication on this matter is now conducted in writing only.

Yours sincerely

You can also find an income and expenditure calculator here

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This is not a priority debt unlike your gas and electric/council tax and food shopping, so you should resist paying them anything. If they took you to court, with only £10 disposable income, the court is likely to order you to pay just £1 a week and Provident know that, which is why they are hounding and threatening you, trying to scare you into paying more than you can afford

yes it is not a priority and you can offer them a pond a week i hope you can get another account also you should write a letter to the cheif excecutive of the finance dept of the council explaining your dilema and also to the housing dept of the council see if you can get a reduction in your council tax the more you confront your problems the easier it will become and the less stress you will feel...you may also find that the energy companies have a helpline for those on benefits and you may be able to get a reduction from them every little counts also if you can get to someone like cab and get them to help you filling in forms etc

patrickq1

good luck

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hiya jed2004

 

i just wanted to say hiya after i read your post, i can see you have already had some brill advice from the micheal, patrick and rory, please dont despair, we can help here and you can start right away with whats already been posted

 

i am very sorry to hear you are having a bad time at the moment but we are really friendly here so keep coming back and posting any questions

ive used the national debtline site and the advisors are fab too

 

pls take care and ill subscribe to your thread and ill look in to see how you are getting on from time to time

 

ciao for now have a relaxing evening MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi jed2004

 

You have come to the right place for help and support so please try not to worry...I know that is a lot easier said than done.

 

If your only income is benefits I think there is a letter you can take to the bank called a 'right of appropriation' letter basically it tells the bank that your benefit money is for essentialls like food heating etc...

 

I think this would help in your case.

 

Please bear with me while I go and check and find the letter as i'm not 100% sure and don't want to give you the wrong info...

 

It might also be worth giving the social a ring and tell them the bank is taking your benefits they should be able to help aswell.

 

It may not seem like it now but this is sortable :)

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I have 2 accounts with my current bank rbos one is £1000 overdrawn due to charges and i'm getting letters and phone calls constantly i even offered to pay something into it each week to try sort it out but they refused!! And said that i have to pay £160 a month or they will just take it out the account i am using at the moment with them which my benefits get paid into!!

 

Again have a read through the whole thread, but I think....If the bank has taken your benefit to pay bank charges you may be entitled to claim your money back.

 

This letter below may be of use to you...

 

letter to get charges back when on benefits

 

I'll have a look around and see what else I can find :)

 

As for Provident as someone else has advised that is not a priority debt and they are trying to bully you.

 

You could mabye consider sending them something like the following letters (amended to suit your situation)

 

Don't forget to mention your only income is benefits.

 

Offer of token payments.

 

Dear Sir/Madam

Re: your reference :

 

Since making the above agreement with you, my circumstances have changed. I am unable to afford the agreed monthly repayments at the present time.

 

This is due to ........ give details of your personal circumstances which have led to the problems e.g. losing a job, income reduced, relationship breakdown, ill health etc.

 

I enclose a personal budget sheet which shows my present financial position. As you can see I have no money left to pay my credit commitments.

 

I view of my circumstances I ask that you accept a token offer of £1 per month to be reviewed in six months. I would also ask that you consider freezing interest and charges so that the debt does not increase further.

 

In order that I can make these payments easily, please forward a payment book/standing order/direct debit form (delete as appropriate)

 

I hope you will give kind consideration to my personal circumstances, and of course if my circumstances do improve I will contact you again.

 

I thank you for your attention to this matter, and I look forward to hearing from you soon.

 

Yours faithfully

 

Or maybe:

 

Unable to offer a payment.

 

Dear Sir/Madam

Re: your reference :

 

Since making the above agreement with you, my circumstances have changed. I am unable to afford the agreed monthly repayments at the present time.

 

This is due to ........ give details of your personal circumstances which have led to the problems e.g. losing a job, income reduced, relationship breakdown, ill health etc.

 

I enclose a personal budget sheet which shows my present financial position. As you can see I have no money left to pay my credit commitments. At the moment I do not have enough to meet even my basic needs.

 

I view of my circumstances I ask that you allow me to cease payments for a period of six months. I would also ask that you consider freezing interest and charges so that the debt does not increase further. If your circumstances are likely to be better in near future give details here e.g. will be possibly back in work in 6 months etc.

 

I hope you will give kind consideration to my personal circumstances, and of course if my circumstances do improve I will contact you again immediately.

I thank you for your attention to this matter, and I look forward to hearing from you soon.

 

Yours faithfully

 

I'm sure someone else will be along with advice soon x

 

(I wonder if you would maybe get more advice if a moderator could possibly move this post to the debt section)

Edited by jadzia.dax1
typo
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Hey Jed, don't give up hope or despair. I sounded like you 6 months ago and now I'm a firing vixen. Stay with site, donate a few pounds when you can, and read all the relevant bank threads. It's a lot to start with and will take a few hours...... when you feel ready enough, start your own thread in the relevant section. Be Strong, Chin Up, Consumer Action Group is where Consumers can have their say, especially against our wonderful big banks! :)

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