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    • BankFodder
      Need help with huge amount of unsecured debt

      By BankFodder · Posted

      If you look at some of the other debt related threads will see that one of the first things which will be asked will be for you to list out your debts in a brief chronological order, including date of debt, amount, creditor, amount outstanding, defaulted – yes/no – date of default, date of last payment made, have you acknowledged the debt at all to the creditors. That lot at least. I expect that my colleague @dx100uk will be along but will meet to know at least that information
    • aries18pk
      Need help with huge amount of unsecured debt

      By aries18pk · Posted

      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  
    • Plank37
      Techzone Mobile Buxton Ltd (dissolved 2022!) - Bought a dodgy phone from their Market stall - says doesn't do refunds with a sign up!!

      By Plank37 · Posted

      ?
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      Betting the House: The world of political wagers

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      Bookmakers use betting on political events to entice new customers, and say it is growing.View the full article
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      John Lewis shoplifting

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      nope  and  neither dx

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

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      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      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.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

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      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

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

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
Latest activity

Wave/Ex GMAC Mortgage eviction help

biddy65

By biddy65
in Home Repossessions

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scared79

scared79

Posted
Posted

Hi Biddy, thanks for that. SPML were opposing what we had offered but the judge saw our side anyway. After reading your thread, I think you have a good chance as you seem to be making payments as often as you can, due to our circumstances, we hadn't been able to pay anything in nearly a year! Framework are a free service providing free representation like the CAB but I'm not sure what areas they work in, I'm in Nottinghamshire. Have you tried your local CAB to see if they could help you out in the court? It may be worth a shot, I was lucky with Framework as they were already there when I got there.

Fingers and toes are crossed for you tomorrow, I really hope it goes well for you.

scared79 xx

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biddy65

biddy65

Posted
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just tried contacting cab but there only open certain times,any advice as to help my case work,did you both go,i cannot decide if to go on my own or with my wife,if she comes it means taking our yougest child with us which i don't really want to do.

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biddy65

biddy65

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just tried contacting cab but there only open certain times,any advice as to help my case work,did you both go,i cannot decide if to go on my own or with my wife,if she comes it means taking our yougest child with us which i don't really want to do.

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Ell-enn

Ell-enn

Posted
Posted

Hi Biddy, - calm down - it's not up to Wave to decide what happens tomorrow - it's the judge's decision, no matter what they say. Every lender objects in court - but the judge decides.

 

Lenders will always try to pressurise you right up to the last minute in the hope that you will be too scared to turn up at the hearing - DON'T allow them to get to you! You must stay positive.

 

You have everything done everything you can for your defence, hold your head up and don't despair. Have you called the court to see if there are any CAB or legal reps there tomorrow?

 

Kind Regards

 

Ell-enn

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Ell-enn

Ell-enn

Posted
Posted

Hi Biddy, - calm down - it's not up to Wave to decide what happens tomorrow - it's the judge's decision, no matter what they say. Every lender objects in court - but the judge decides.

 

Lenders will always try to pressurise you right up to the last minute in the hope that you will be too scared to turn up at the hearing - DON'T allow them to get to you! You must stay positive.

 

You have everything done everything you can for your defence, hold your head up and don't despair. Have you called the court to see if there are any CAB or legal reps there tomorrow?

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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biddy65

biddy65

Posted
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yes i called the court but there is no legal reps or cab there tomorrow,trying to find somebody else now,spoke to wave again to see if they would reconsider still won't budge i asked the person who was dealing with my account whose decides whether to accept the proposal and his reply was it was down to him,and he didn't agree to what i was saying.

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biddy65

biddy65

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yes i called the court but there is no legal reps or cab there tomorrow,trying to find somebody else now,spoke to wave again to see if they would reconsider still won't budge i asked the person who was dealing with my account whose decides whether to accept the proposal and his reply was it was down to him,and he didn't agree to what i was saying.

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Ell-enn

Ell-enn

Posted
Posted

Biddy, stop panicking and stop ringing Wave! you will only get the same pressure from them and you don't need that right now.

 

Wave do not make the decision in court tomorrow - the judge does!

 

Whether you are evicted or not is not the decision of the man you spoke to at Wave - it may be his decision to oppose your defence (all lenders do!) - but the judge makes the final order.

 

Please, please try to stay positive - I wish I could come to court with you....

 

Ellx

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

Biddy, stop panicking and stop ringing Wave! you will only get the same pressure from them and you don't need that right now.

 

Wave do not make the decision in court tomorrow - the judge does!

 

Whether you are evicted or not is not the decision of the man you spoke to at Wave - it may be his decision to oppose your defence (all lenders do!) - but the judge makes the final order.

 

Please, please try to stay positive - I wish I could come to court with you....

 

Ellx

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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biddy65

biddy65

Posted
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trying not to panic,but i know i will lose as i hardly have any luck,the sods also put up the amount they want to stop the eviction,i was trying to raise some but i won't be able to raise what they want now.also they have never bothered to send a breakdown of the arrears which i asked for.

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biddy65

biddy65

Posted
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trying not to panic,but i know i will lose as i hardly have any luck,the sods also put up the amount they want to stop the eviction,i was trying to raise some but i won't be able to raise what they want now.also they have never bothered to send a breakdown of the arrears which i asked for.

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Ell-enn

Ell-enn

Posted
Posted

OK, stop being negative now! You need to go to that hearing with a positive attitude. the biggest problem you have at the moment is that you have been ringing Wave and they have put the fear in you - just like they're taught to do.

 

Look at it this way - if they scare you enough you might not turn up at court thinking it's a foregone conclusion that you will lose, and if you don't turn up they will win automatically!!

 

They won't expect you to turn up with a good defence - so get yourself into positive mode - I know it's hard at the moment, but you have the same chance as Scared did yesterday and she won!

 

Ellx

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

OK, stop being negative now! You need to go to that hearing with a positive attitude. the biggest problem you have at the moment is that you have been ringing Wave and they have put the fear in you - just like they're taught to do.

 

Look at it this way - if they scare you enough you might not turn up at court thinking it's a foregone conclusion that you will lose, and if you don't turn up they will win automatically!!

 

They won't expect you to turn up with a good defence - so get yourself into positive mode - I know it's hard at the moment, but you have the same chance as Scared did yesterday and she won!

 

Ellx

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
Posted

Biddy THEY ARE BULLIES. Like Ell-enn says they will phone you and phone asking for the money. They will sit in court and say they want your house. Thankfully though it is NOT up to them. PLEASE PLEASE PLEASE try to forget what they have said. Where abouts in the country are you???

 

olives xxx

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
Posted

Biddy THEY ARE BULLIES. Like Ell-enn says they will phone you and phone asking for the money. They will sit in court and say they want your house. Thankfully though it is NOT up to them. PLEASE PLEASE PLEASE try to forget what they have said. Where abouts in the country are you???

 

olives xxx

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
Posted

I am too far away.

You will have remeber though that you will never walk into a court room on your own There are so many others who have been silently watching your thread all wishing the best of luck. we will ALL be with you in that court tommorow.

 

olives xx

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
Posted

I am too far away.

You will have remeber though that you will never walk into a court room on your own There are so many others who have been silently watching your thread all wishing the best of luck. we will ALL be with you in that court tommorow.

 

olives xx

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Ell-enn

Ell-enn

Posted
Posted

Hi Biddy, make sure you get to court very early so you can give your statement to the usher and ask for it to be put before the judge. Don't talk to the other side and certainly don't show them your statement beforehand.

 

As this is your application the judge will hear your side first. Try to speak slowly and clearly when h/she asks you a question. You should address him/her as sir/madam.

 

If possible you should both attend and if you have to take your young child with you then so be it.

 

As Olive says, please try to forget what Wave said to you on the phone, they have probably said the exact same thing to many other of their customers today so it's not just you they will be pressurising.

 

You have a good case - remember that, but you must stay positive.

 

Just a thought - are you a member of a trade union? also, do you have house insurance which offers free legal assistance?

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

Hi Biddy, make sure you get to court very early so you can give your statement to the usher and ask for it to be put before the judge. Don't talk to the other side and certainly don't show them your statement beforehand.

 

As this is your application the judge will hear your side first. Try to speak slowly and clearly when h/she asks you a question. You should address him/her as sir/madam.

 

If possible you should both attend and if you have to take your young child with you then so be it.

 

As Olive says, please try to forget what Wave said to you on the phone, they have probably said the exact same thing to many other of their customers today so it's not just you they will be pressurising.

 

You have a good case - remember that, but you must stay positive.

 

Just a thought - are you a member of a trade union? also, do you have house insurance which offers free legal assistance?

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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cat100

cat100

Posted
Posted

Biddy just remember stay calm be confident.Ell-enn has as usual done a fantastic job,you have everything prepared,so stay cool.

Remember this is a pleasant but formal hearing(not crown court off telly).

My advice would be not to speak to the lender's rep, they are usually ill informed,ie they will not know much about your case and will want to speak to you to get as much info as they can.They usually then use this against you, so politely decline.

Stand up straight and remember what you are fighting for.Good Luck

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cat100

cat100

Posted
Posted

Biddy just remember stay calm be confident.Ell-enn has as usual done a fantastic job,you have everything prepared,so stay cool.

Remember this is a pleasant but formal hearing(not crown court off telly).

My advice would be not to speak to the lender's rep, they are usually ill informed,ie they will not know much about your case and will want to speak to you to get as much info as they can.They usually then use this against you, so politely decline.

Stand up straight and remember what you are fighting for.Good Luck

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