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    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
    • Have you previously requested the agreement by a CCA request ?
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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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*** Getting started with your debts: A MUST READ ***


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Welcome!

 

If you have unmanageable debts and are unsure where to start here are some options that we hope you find useful. The areas below in blue text are actually links; click on them for further help and assistance. If you would like further help why not create your own thread? There is lots of help on hand!

 

A very important tip is to ensure that you deal with all of your debts as a whole. If you have a couple of credit debts you should look to make affordable payments to each one, you should never prejudice one firm over another by trying to make reduced payments with one agreement whilst keeping up with another. If you put all debts in the same basket, so to speak, you will be more likely to get your situation sorted quickly.

 

You should also consider looking into whether or not you are able to reclaim any missold payment protection insurance or unfair penalty charges. If you are able to recover a lump-sum you could use it to offer 'full & final' settlements to your creditors. This could allow you to clear a debt in full by paying a reduced sum. We've seen some debts get cleared with some very low percentages indeed.

 

We hope you find the blog useful. We try to keep it as up-to-date as possible.

 

- Our 'Debt Diaries - 10 Steps Blog' -

 

Below you can find links to our dealing with debts blog. In ten steps you'll be able to look forward to a debt-free future:

 

 

- Free Online Tailored Advice -

Three of the leading debt advice charities have created online advice tools which are designed to provide tailored assistance as to the best debt-repayment option. They are certainly worth taking a look at although further advice should be sought from a qualified professional before embarking on your chosen route - especially if you are considering the more formal options such bankruptcy and individual voluntary arrangements (you can read more about these within the ten steps blog - non-priority debts sections).

 

 

 

 

- CASHflow -

If you are experiencing difficulty in repaying your debts, CASHflow is a way for you to negotiate affordable repayments with your creditors. Before you can use CASHflow, you must have spoken to one of the free advice agencies licensed to offer CASHflow to their clients. The advice agency will start by talking to you about all of the options available, and can help you to decide if CASHflow is the right one for you.

 

If you decide to use CASHflow, you will be provided with all of the tools you need to be able to complete your own financial statement and negotiate offers of repayment with creditors yourself. This will enable you to stay in control of your situation, but still have support from an adviser at any stage if you need it.

 

For further help and support there are specialist debt help chariities that can offer a wealth of advice. When seeking advice always ensure that you go to a recognised and trusted organisation. There are many commercial firms that often masquarade as a free, not-for-profits firm only to turn around and to try and sell you a product which may not be in your best interests. It's important to remember that commercial firms are there to turn a profit, some of them have very poorly trained 'advisers' that are no more than sales people. Not all commercial firms are bad of course, but we do suggest researching a frim's credentials thoroughly before committing to anything. For FREE advice look no further than the following charities:

 

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