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    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Backdoor Carter CCJ re MBNA debt - Mymaterob - challenged carter - they said stop paying!!


phatram
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  • 3 weeks later...

I am guessing carters as it does say name and address for payments.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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kk it was only a guess tho.

 

Rite thanks to my bro AND PT2537 i have learnt a couple of new things just recently.

 

Now in the POC you will notice that they have only claimed for part of the case.

 

Now this is against the county courts act 1984 section 35.

 

If u want to know more then please read this thread.

 

Bryan Carter Says No **WON THEY GAVE UP** from PT first post which is number 25.

 

Now as u know i am not an expert but i think you can appeal the court order based on this but please dont quote me. You may need to ask tomterm/pt for further advise.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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kk it was only a guess tho.

 

Rite thanks to my bro AND PT2537 i have learnt a couple of new things just recently.

 

Now in the POC you will notice that they have only claimed for part of the case.

 

Now this is against the county courts act 1984 section 35.

 

If u want to know more then please read this thread.

 

Bryan Carter Says No **WON THEY GAVE UP** from PT first post which is number 25.

 

Now as u know i am not an expert but i think you can appeal the court order based on this but please dont quote me. You may need to ask tomterm/pt for further advise.

 

Bloomin' 'eck missus, thats very interesting reading. So thats why they stopped all action on Robs account then? Along with having no agreement.

We will see what comes back from them concerning the SAR and then take further action !

Many thanks

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well did they manage to get a ccj at all or any type of order from the courts?

 

I forgot to mention what my brother shew me was the enlage page at the bottom u know the spy glass. Sorry bro.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

You can appeal the CCJ based on the evidence before you.

 

Rite from what i can remember you can appeal the CCJ for a number of reasons.

 

A) The lack of a CCA

B) Incorrect default notice amount IE the charges on the account.

C) the fact they are abusing the courty powers and time due to going for there charges and the deafult amount at seperate times. This is against the countys court act as i mentioned previously.

D) If another company tries to obtain a CCJ on this account then they are also breaking rules as you cant have 2 CCJs on the same account.

 

Thanks PT i have learnt a lot from you just recently

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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i think u can still appeal the ccj as u got not papers. Especially as they have admitted in writing they have broken the law.

 

get as much info on the original court case as u can as they will try it on as u have seen. that why you have more to kick there butts with if they do try it on.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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well then u have everything u need.

 

if he gets funny tell us and we will help u get funny with him.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Just done this small check list up of basic documents u will need just in case.

1)a) CCA request letter

b) CCA proof of delivery

c) CCA Reply

d) any other letters you have wrote and they have wrote in relation to the cca.

 

2)a) CPR/SAR request letter*

b) Proof of delivery

c) there reply

d) Any other letters you have wrote and they have wrote in relation the the CPR/SAR request.

 

3) Your defence. Always handy to have in front of you for court.

 

4) Any letters you have wrote to them regarding this debt and letters they have wrote to u regarding this debt.

 

5) The original court documents and anything regarding the court documents the court has given you.

 

6) Any deafult notice or letters from OC regasrding this debt and introducing BC.

 

7) the county courts act section 35. I will look this up for u and send it to u.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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County Courts Act 1984 (c. 28)

 

Here were are u will need section 35 that is a bit further down the page.

 

If i think of any thing else i will say.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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A SAR and CPR are the same thing just one u have to pay for the other you dont and if they dont comply with your CPR request you can ask the courts to order they do.

 

Yeah its lovely here today very touristy as it is hot weather.

 

Will look in in a bit.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi questioning,

please open your own thread, its not good to hijack someone elses.

 

 

OK

I was originally only letting you know how I am too ignored by BC,

Then Godmother started posting to me with helpful comments which I answered.

I then apologized to you for replying on your thread and to MMR, I have also directed Godmother to my thread, So all I can do is apologise to you again,

It won't happen again, I'll stop watching your thread from now on so I won't be tempted to post any thing again.

I hope you accept my apologies Phatram.

Sorry again.

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Hi

I wasn't being nasty, just trying to help you.

If you've got a thread concerning Carters please post a link so I can take a look and perhaps help?

Cheers

Mr P

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