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Mydogsawestie

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Everything posted by Mydogsawestie

  1. Its likely then if the debts are only 1yr old the paperwork you did to get the credit could be in order then. Understandably creditors will want to know your I & E should you falter as they want proof not take your word for it. Doing it with Payplan means its all being done from one point, then the creditors liaise with them for I & E afterwards so you dont have to. My suggestion would be to pay your credit cards off 1st esp if you are being hammered monthly for interest & late payment charges. Your personal loan if fixed payments are made across the term of the loan will have already incorporated the interest charge from the outset, so it prob wont matter if you pay it any earlier than scheduled, however you could ask them by phone how much an earlier settlement could be offered at (wont do any harm). With regards to your foreign wife, not an area I know anything about. If you have an income each month that pays your bills etc then afterwards have a further disposable income of the £400 stipulated,does that not sort it then for the visa application? It may be better after all you not entering a DMP with Payplan as I'm not sure how they would treat that disposable income, they may see it that it could be used to contribute to your debts instead????
  2. I'm not best to advise either way when to do it I'm afraid, having Payplan on board myself I found this has been better at getting interest stopped on our debts & they sorted a monthly payment we could afford too. From time to time we do get letters sent to us from creditors offering settlement offers but thats coz we have been with Payplan for many years so can't imagine the creditors would succumb after just 6mths for you. Our settlement figures offered are never what we would be able to do anyway. As yet we are not in a position to offer anything anyway, although understand you can negotiate better esp if they may not have a leg to stand on with the CCA paperwork in place etc. As Maroondevo52 said, how old are the debts & have you thought to apply to see what paperwork they hold on you? Also have you ever had any Default notices.
  3. I'd wait till you have Payplan on board & you've been with them for a short while first. It may then be better showing you have payplan on your side who have assessed all your I & E out already. Should you not want to offer the F & F letters yourself ie lets say at 35-50% payplan can do that on your behalf too (although think they may work the payments out differently on there F & Finals, you'd have to ask!!) Good luck
  4. Well done MandM this is just the medicine we all need to keep us all going...really pleased to read your update and it gives us all inspiration to keep going when we know we have a faulty DN on our hands....Well done
  5. I'd be interested to know this info too, when is a full & final really a full & final. I have an RMA one amongst my creditors who have produced diddly all when asked for CCA's, they have just shirked these responsibilities, yet keen to mither me if the DMP I am in are a few days late in making the monthly amount ...unbelievable.
  6. Hippeedeedoodah hippeedeeday, my oh my what a wonderful day. Top news Royalblue, chuffed to bits for you....really am - well done
  7. If you dont want to upset your credit rating then its no use in me suggesting going into a Debt Management Plan like Payplan which helps with an affordable amount to go towards your credit cards. Could you not roll out your existing mortgage to 20 years instead of it finishing in 15 years...you would not be applying for credit then & it will reduce your monthly mortgage payment then so that you can use it to help pay something extra elsewhere...? Perhaps also ask your council tax if you can spread there payments over 12mths too instead of 10mths due to your financial circumstances (ie tell them you have had a cut in hours salary etc) Good luck
  8. Entitledto.co.uk if you input your details here it reveals what, if any, benefits you're entitled to. Worth a try....
  9. We were in a similar situation to you last year, despite my husband prev having paid NI contributions for many years being SEmployed he could not get anything on JSA & I was expected to maintain everything for our family of 4 on my part time wage. All he got when he signed on was his NI stamp (it cost him more to travel there & pay parking aswell) have you had a look on the Entitled to website to see what else you could claim for? Start Calculation
  10. Hi Ianjen sorry to read of the troubles you are experiencing with this duo, have noticed another thread going through a similar situation to you at present & hope you will gather some information from it to help you. http://www.consumeractiongroup.co.uk/forum/legal-issues/241308-redetermination-hearing-advice-pls.html I hope you find it useful and wish you every success in getting this sorted soon.
  11. have you had a look on the Entitled to website to see what else you could claim for? Start Calculation
  12. Great to read your update today MA really pleased for you
  13. Hi mandyjayne....I see your having yet another wait to deal with (MAY? ) Am keeping my eyes peeled in the hopes of all this being kicked to the kerb sooner for you and those long overdue costs you have incurred can be finally sorted too! MDAW x
  14. Hi Mightyacorn when I was in court I got a copy of the skeleton argument from the other side on the actual morning in the post....yet they'd had mine 7 days beforehand...amazing what MBNA's tricksters get up to....learnt since I could have asked for an adjournment on that day, but being a LIP didnt know that..hope this advice assists you ready for your hearing & "absent paperwork" next week. Good luck MDAW
  15. Langster documents is really well put on this thread (not sure if you had it in your subscribed threads already? Some of this Extracted ....."is well worth reading, printing out and referring to if anybody is facing a situation where the claimant has not produced all of the contemporaneous documentation and seems to be relying on a different set of terms and conditions than the ones in force at the time of the contract… it is for the claimant to prove their case and, if they are advised by Solicitors, there can be no excuse for any shoddiness or gaps in presentation of their evidence or the documentation." http://www.consumeractiongroup.co.uk/forum/mbna/243487-mbna-lynne-thorius-solicitors.html
  16. Thank you everyone for your kind words....it was just over 12mths ago I got the POC what a railroad its been and I only survived it by such brilliant advice along the way esp by creditcardmug back then. Its not whats been submitted that was to my detriment (IGNM did alot for me too around the court hearing time last summer) but as so often said in the forums, its down to this "judges lottery" on the day & I had a family judge! I will continue to remain positive in my appeal esp with legal help onboard now & hope that justice will be served in the end, who knows my thread may even one day be filed in the "legal success" section. Thanks again everyone for your postings.....in particular those who gave me lots of there time at all hours of the day in my times of panic, also those of you who PM'd me out of friendship & suppt but also those with knowledge too & without that info I wouldnt be where I am today (you know who you are ), I thank you big time.
  17. Dad thanks for your guidance in these last few days it was very much appreciated & of a great help too. During the last 24hrs I have had to resort to taking legal advice as I felt that it had gone too far for me to present the case as confidently as I wanted to due to the risk of costs that would be involved. Thanks to everyone for your help & assistance in the input you have contributed to the position I did reach and I hope this thread will be a guide to others in my position to proceed with for the future. As you can understand I will be going slightly underground on my thread now so wont be able to post much for the time being since we all know how the other side do lurk on these threads. Wish I was a fly on the wall when Restons get served there notice of action Lets just say I am sooooo very relieved to have legal help now onboard & glad to say my appeal has all been filed with the court this afternoon.
  18. Dad as I am doing the N161 as a stay.....re the Grounds for appeal would you mind checking over the last page on page 4 here...the wording I should change it to now. I am still also confused with this human rights thing also left in (like my skeleton ) because I do believe due to the courts refusal to comply with the Civil Bench Book (2006) I was denied a full & fair hearing. Section 8.2 of the Civil Bench Book (2006) gives the court guidance on Article 6 of the European Convention on Human Rights and its applicability in cases such as the hearing before the District Judge. The last paragraph of Section 8.2 states: “Article 6 gives a party to a hearing the right to put his case forward under conditions that do not put him at a disadvantage in relation to his opponent. This may require the judge to afford some assistance to creditors or debtors appearing in person. The court is under a duty to conduct a proper examination of the submissions, arguments and evidence adduced by the parties.” The case law of the ECHR makes plain the courts duty in respect of undertaking a proper examination of the submissions, arguments, and evidence. Appreciate your thoughts as always. Appellant Grounds for Appeal MDAW.doc
  19. Cheers again Dad Part 8A cannot fit all that information in online which is a shame, have printed out the doc ready part filled and will write it in small instead. Also can I just mention in section 7online it only allows one box to be ticked....shall I still go ahead & tick it by pen the other box too you mentioned. I still need feedback anybody on the grounds for appeal/skeleton as per my posting #412#416 docs up......have red triangled too, hope somebody will be along soon as need it all to be printed off & finished tonight so I can go straight from work to the court with it tomorrow...
  20. Dad what about the rest of my part 8 where I had information in part c and the because section below it, surely this stops in & some of my evidence in support on section 9 with that attached witness statement
  21. Only 2 ticked boxes here in Sect7 then / or all 3 since I'm inc that wording...sorry to keep harping on....my minds all over the place right now
  22. Thanks again Dad, the wording helps too (for the small £1 fee think I will keep to orig suggestion from you then) can I just check with you that in section 7 on the N161 when I do it again I am ticking both set aside and Order a new trial (as per Uni's thread) aswell as inputting that info posted up in #415?? In the meantime, as I wait for the other info on #416/#412 I will look at the EX160 form for remission fees, seems this may be applicable to me too.
  23. Dad I am posting up the Witness statement now ...will this be ok? When I order information on MBNA Europe Bank Ltd I can see GROUP OF COMPANIES' ACCOUNTS MADE UP TO 31/12/08 Thats the one I am paying for am I? I can then include those in the WS with the appropriate figures. Just found this website with the details on for free......shall I print this off to include instead? http://www.tuc.org.ukwww.ippr.org.ukwww.worksmart.org.uk/company/company.php?id=02783251 Annual profit: £284,000,000.00 Have also found the turnover stuff on here page 5 http://www.nwda.co.uk/pdf/NW%20PLC%2009.pdf annual turnover is £671 million but also includes another pre tax profit figure? Appellant Witness Statement MDAW.doc
  24. Thanks when I finalise the N161 will include that info in section 7 - am sorting out the witness statement now & will post up for inspection shortly. Hope my queries on the skeleton & grounds for appeal attached #412 can next be addressed (ANYBODY FROM SITE/shakey/docman or yourself if you have any thoughts & indeed any other caggers thoughts are welcome) I will be glad to have all this sorted TBH as I am becoming very anxious & stressed with it all now :(
  25. OMG I wasn't aware of how this order has been typed up and would therefore mean immediate payment was required... I am becoming more desperate now in making sure this does have to be spot on in my form, I have seen the witness statement on uniboys thread in suppt of a stay. Can I include my I & E from my DMP (Payplan in suppt of this then) also the wording on my N161 rephrased is it in...SECTION 7 (boxes here to tick?) like this..... The judgement for claimant entered against the Appellant on 28/1/10 be stayed and the claimant shall pay the Appellant costs of the application. Due to the sums involved, if the respondant was able to enforce the order I would have serious financial difficulties and would have to consider selling our family home of 4 and we would be homeless, in order to pay the balance. To meet the terms of the order it would not be possible to sell it that quickly which could mean selling it below its market value. If the appeal succeeds I will be unable to then buy it back. As the Respondant is a large company, making millions of pounds per year in profits, they are in a position to hold the enforcement of the order. See attached witness statement in support of this... Also do I have to include MBNA profit & loss in suppt of me saying millions because when I click into this I am not sure how to locate that info WebCHeck - Select and Access Company Information PLEASE ADVISE.... thank you.....
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