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    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
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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.

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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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