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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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      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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
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Hello everyone...

 

I have posted elsewhere on this site for help and this is another call...

 

 

In a nutshell i am fighting a debt with Link Finance for £33k

 

I also have accumulated debt with various creditors which comes to around £8k

 

These are for: Credit cards (no longer have), bank account overdrafts, Car loan

 

My total debt is £40k ish

 

I have CCA all creditors and only 2 have failed to come up with anything, The debt with these two comes to around a grand.

 

Link Finance have supplied a Credit Agreement, albeit late. Lloyds supplied one.

 

Even though i am fighting these companies i feel it is going nowhere and at 28 am scared that i will end up taking this debt well into my thirties as i have no realistic chance of paying it off.

 

I have a mortgage with my wife. Northern Rock had a charging order put onto our proprty before they sold the debt to Link who now have the order.

 

 

I don't know what else to do, i can't sleep at night and it is causing friction between my wife and i. If i go for bankruptcy will i be forced to sell my share of the house even though the debt was nothing to do with my wife?

 

We are also on a housing covenant scheme in which the council would be entitled to 30% of the equity (it was a low cost housing scheme)

 

I am out of ideas but don't want my wife to end up homeless because of my doings

 

What do i do?

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How much equity exists in the house? (Before the charge by northern rock)?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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About 30p....:p

 

No, we re-mortgaged in 2005..

 

Complicated but i will try to explain..

 

House is worth (last valuation) £120000

 

We re-mortgaged for (i think) £79000 as joint owners (it was previously my other halfs on her own)

 

The council also owns a 30% stake as the low cost housing scheme stipulates.

 

I think the equity stands at (to us personally) £4000 as this is all we have paid off, roughly.

 

We can no longer do a remortgage or try to buy the council out because i have a CCJ and the property has a charging order by Northern Rock, which Link bought.

 

Catch 22, rock and a hard place and every other paradox you can think of

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In that case, if you get three estate agents valuing it as a quick sale, then you will probably find there is little or no equity.

 

In which case, it may be possible for someone else (e.g. wife or family member) to buy the equity at a nominal amount - e.g. 1+ admin fee ( i think it's 211 but it might have changed)

 

Are the unsecured loans in your name, or joint names?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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In which case, it may be possible for someone else (e.g. wife or family member) to buy the equity at a nominal amount - e.g. 1+ admin fee ( i think it's 211 but it might have changed)

 

Don't understand that bit...

 

All my debt is unsecured in just my name. But like i said Link have a charging order on the property.

 

I know that they can only take some of my portion of the equity. So if we sold the house and got £10k profit (for example) they would only have access to my share.

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Right...

 

When an OR sells the property, he will normally put it up for auction. This is a fast method of sale, but DOESN'T realise the same price an estate agent would if you were waiting 6 months.

 

So the equity of the house is actually what you would obtain at auction.

 

By default, you would only recieve half of the equity, and so, if the value you'd realise in a quick sale was less than the mortgage, in effect you have no equity - and the OR will transfer the house to your wife for a nominal charge (£1 + an admin fee). Otherwise, any equity will be split 50/50 with your wife, so if your share of the equity is 2,000 he would sell it for 2,211, without actually reposessing the house.

 

It is, of course, a good idea to discuss with the national debt line or a specialist money adviser at the CAB

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Yeah... it is best to get professional help, before considering bankruptcy... I'm not an expert on it by any means, and a judge will only consider the petition if you've saught advice.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Good call... thanks

 

Also, i have had a thought, bear with me.

 

If i had a debt that totalled, with all interest added of £32k (the original loan with northern rock was £18k, repayments etc £32k)

 

This debt was bought by Link (god only knows how much for, prob about £1000 or something)

 

If my wife and i released the equity in our house, (she has told me we have about £10k in there) if i made an offer of about £4k for the debt to be settled what do you think my chances are?

 

I won't take the answer as gospel, just what your thoughts are...

 

Dave

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It's possible... if you send them copies of valuations (made by three estate agents for a quick sale), and a copy of the bankruptcy forms filled out, they might accept your offer.

 

To be honest, i doubt it, but it is worth a try.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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