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    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

Urgent help re: settlement figures


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You may have seen my other post about my nightmare debt!

 

Anyway today I have taken some advise from CCCS and also spoke to my mortgage company. I feel a bit better now!

 

They have offered me a loan that is basically an extension of my mortgage - it is secured on the house, but am just adding to the mortgage, but I can do it for 5 years only, rather than the mortgage term.

 

They've offered me a deal at 6.39% because unbelievably my credit rating was good, so I am going to put 70K onto the mortgage and pay it off over 5 years - we have done our calculations and it works out well for us.

 

Now for the question and help I need from you guys.......when I get the money I will need to sort out what cards to pay. I was wondering if I could pay a settlement on any of them and if they would accept it. None of them are with DCA's and I have maintained the monthly payments, and do still have equity in the house, so they may well think I can afford to pay the full amount outstanding. But, because I have paid them horrendous amounts of interest of the years I wondered if there was any way of doing this - I have seen that people have done it before and settled for 70% of what they owe etc, but did they have to prove they were struggling to pay them? On paper I can afford it, but just want some back of what they have fleeced me!

 

How would I go about asking for a settlement figure - do I tell them I am about to pay it off in full? And do I suggest a figure, or do I just pay the whole amounts? It has to be quick as if i write to them and await a reply it will be at least another month before it is sorted and I was hoping that I could call them and ask them and just pay it then if they gave me a settlement. I want to get these debts paid off within the next couple of weeks if possible and move on with my life after years of misery.

 

Sorry again for the ramble, I just need some quick advise if any of you can help.

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CCA the creditors, see what comes back. If they cannot prove the debts are enforceable they may accept a very low settlement figure. I must also add that for the vast majority of people turning unsecured debt to secured is a very, very bad thing to do. I've lost count of the amount of clients that have done this and then had a massive change of circumstances which has led them to losing their property completely. Please be careful.

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thanks for the response.

I have looked in depth at this, and if you read my other post will see that it is the only viable action for me. It will reduce my payments from 3K a month to £1300.

Yes the debt is unsecured at the moment, but if I cant continue to pay it then they also have a right to make a charge on your property, so whichever way it needs to be paid. I have also reduced the risk of having to find 3K a month to finding 1300 by doing this, should the worse happen.

I think the response you gave is quite scarey and could put people off doing things - there isnt a blanket case that suits all. In my case this is a very very good thing to do rather than a very very bad thing.

I have not gone into this in a rash way, I've spent months looking into things and deciding. I am very unlikely to lose my house even if the worst happened. It is also not a secured loan I have taken out, it is an extension on my mortgage really. Basically I am borrowing money that is already mine anyway from the equity in my house to pay off debts that have crippling interest rates. How can that be a bad thing?

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I'm really glad you have done your homework, you are quite correct that there isn't a blanket solution for all and I would agree that for certain situations a secured loan *may* be the best option. I have, however, had clients who have lost their homes due to them not being able to keep up with the repayments on their secured borrowing, you seem to have investigated all possible options and not made a rash decision so I'm sure things will be all good for you.

 

An extension on your mortgage is surely secured against your home, no? A secured loan is no different to a mortgage as they are subject to a charge against the house.

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yes, it is secured on my home, but even with the additional amount added to it, the bank only own 36% of the house - i.e the mortgage outstanding is only 36% of the house value.

 

Feel so relieved now that I have sorted something out.

Thanks again

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Hi, from what I understand from reading through this site and others, the only way creditors are likely to accept a reduced full and final settlement is if you have defaulted and have been paying a reduced amount ie. on a DMP.

 

I was in a DMP for 12 months, by this time all cc debts had been passed to debt collection agencies who at first accepted payments on a DMP, but then out of the blue started to threaten charging orders, which Egg successfully obtained.

 

Further on, I was able to offer all creditors an equal percentage (in my case 65%) to settle the account and all but one accepted. The thing I understood is that all creditors have to be offered the same percentage. There are template letters on the National Debtline website. I have been told by various people that the longer you have been paying a reduced amount the more likely a full and final settlement will be accepted. I would add that Egg told me they never accept full and final settlements unless the debtor has a terminal illness, very nice people I don't think.

 

Hope this helps a little.

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