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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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ME III Ltd/Mortimer want increase my monthly payment on a YB OD CCJ


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Hi,

 

Very quick background before I ask a question....

 

Unfortunately back in Feb last year ME III Ltd got granted a CCJ against me to which I have been paying £25.00 per month since at the order of the Court.

 

Today I have received a letter from MC Sols on behalf of ME III advising the following:

 

''You are currently making payment towards the debt owed to our client.

The concessionary payment arrangement is due to be reviewed

and we therefore request that you contact us within the next 7 days

to discuss your current financial circumstances.

 

 

It is important that you comply with this request.

 

 

Alternatively, please complete and return the enclosed statement of means form

and make an offer of payment within 7 days.

 

 

Our client will consider reasonable offers of payment,

based on what you can afford to pay from your disposable income

and would not require you to pay more than you can afford.

 

 

You should also note that our client may be willing to accept a reduced amount for a lump sum payment to settle the debt.''

 

Am I correct in saying that as the amount I am paying per month was set by the court that I can tell them to get lost? (politely of course)!

 

I was going to email them and copy the court in to the correspondence

but before I get going would someone more knowledgeable than me

mind letting me know what they think / would do in this situation please?

 

Many thanks in advance.

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No!!! The court ordered £25 and it would have to go to Court again to have an amendment... You pay what the court ordered...

As its a CCJ i would normally say bin and ignore, however, respond back to them saying;

 

"The £25 PM was ordered by the courts. Any amendment to this Payment Plan, would need to go through them with a Variation Order"

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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why are they offering a short settlement?

 

 

was this a bank account?

 

 

lots of these YB bank claims by various DCA have failed in court

through help from CAG.

 

 

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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Hi - not sure why they are offering settlement. This was an overdraft from a YB current account.

 

I am a lot more aware of how to defend myself now thanks to CAG - they tried to get a ccj for a credit card but failed! There does seem to be rather a few YB claims circulating at the moment and I think most are flawed.

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did you ever get all the statements?

 

 

not 99% OD charges is the balance?

just puzzled on the settlement.

 

 

but anyway

 

 

you are well within your rights to tell them to bugger off

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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I did get the statements and after the judgement was entered against me I just filed them all away. I would say that the OD was mainly made up of charges and I have thought about reclaiming if this would be at all possible but not too sure to be fair.

 

 

At the time I started to get into trouble I did try and come to arrangement with YB directly to repay the OD but to be honest they were not very helpful so I closed the account and started banking elsewhere.

 

 

I am annoyed with myself for letting ME III fleece me on this but as they say 'you live and learn' (albeit the hard way)!

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if these charges were from nov 2009

 

 

then you might find BCOBS aligned with hardship

[which you already appear to have alerted YB about] useful

 

 

see the BCOBS RBS link

 

 

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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Morning,

 

 

Sorry just thought of another question before I fire an email off to them this morning...

 

 

The CCJ has not been reported, ie, does not appear on Trust Online or on my credit report - has anyone ever had this happen and if I send an email and this 'ruffles their feathers' would they be able to report it after a year? I have tried searching to see if anyone else has had this happen and can't find any relevant posts.

 

 

Thanks in advance for your help.

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Are you absolutely definitely unequivocally positively certain that you received a CCJ, as opposed to M C just rattling on to con you into believing one had been granted?

 

You did receive a claimform, didn't you?

 

Three things puzzle me -

1. The absence of a mention of CCJ in the extract you quoted from M C letter.

2. Not showing on trustonline.

3. Use of that [offensive] phrase "concessionary payment arrangement". A court's determination doesn't constitute a concession, which comes across more like a favour: rather, it is the judge's assessment of your ability to pay.

 

Forgive me if I've got the wrong end of the stick.

 

Oleg

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Hi Oleg,

 

 

No problem - thanks for your reply. Definitely a CCJ I'm afraid :(

 

 

I received a Claim Form and once the whole process was over I received a Court stamped order to pay the whole amount which I obviously couldn't afford so I sent them my I & E and a request on the necessary form to vary the amount to £25.00 per month. The Court then sent me a Court stamped order stating that from 12th February last year I was to pay said amount.

 

 

It is just very strange that nothing is registered (I'm not complaining though).

 

 

I have made payment every month by STO and I set it up for 3 days before it is due so as to be certain no payments missed - it is going to take a few yrs to pay off but I just cannot afford to give them more or a lump sum.

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have you checked www.trustonline.org.uk

 

 

its normally automatically registered by the court

 

 

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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that is strange

 

 

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

Well I have just sent them an email advising:

 

''As my £25.00 per month was an amount ordered by the Court in this matter any change to this amount would have to be subject to a Variation Order direct from the Court?

 

 

As you are aware I am making the required payment every month without fail even though my circumstances have deteriorated some what since the date of the original order.

 

 

I look forward to receiving a statement of account as soon as possible regarding the payments made as to date I do not appear to have received anything?''

 

 

 

 

Will keep you posted if anything happens.

 

 

Thanks for all the input, it is appreciated. :)

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  • 2 weeks later...

Hello,

 

Just to let you know that I have today had a letter from MC advising that the original letter I received was sent in error and they have apologised for their mistake. They have provided a statement of account from the date of the judgement up until this month.

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oh dear you caught us out! - ruddy fleecers!

 

 

when was the account opened and are there any charges post nov 2009?

 

 

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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:)

 

 

it was a YB current a/c OD - the bank account itself was opened at the end of the 80's sometime (can't remember exactly when though as a long time ago!). There would have been charges I'm pretty sure.

 

 

I am going to send a SAR off I think to see what they come back with.

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