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    • Hi, Thanks a lot for your valuable advice and apologies for bit delay in providing some additional information as requested before. I was also looking at other threads to get some more knowledge so apologies if my questions have already been answered in some other threads and I have missed them. I would appreciate if you can guide to relevant thread to help navigate easily. If I opt to go down the route of availing BS option, I'd find it more convenient if I do it in parts i.e., applying with 2/3 creditors at a time. Is that even possible in my case? I understand that DN might be the best option for me but I am trying to avoid this route as much as I can. I am currently living in a rented property with wife and 3 kids and I am not how this is going to play out in future if we decide to move to some other area. How will DN impact my intention of getting house on mortgage (dream as of today) after 6 years? If I go for DN strainght away, do I have to do it for all debts? for example, can i leave one active credit card out of this DN? what can i do if I go for DN right now but my financial situation improves in 1-2 years due to better job or promotion etc.?  Here are the details of my debts. Let me know please if you have any questions. Regards, MM Overdraft Halifax - £2,500 Starling - £500 (I can settle this immediately to keep this account active as back-up for salary and other priority expenses like rent, council tax etc.)   Personal Loans - Outstanding Amounts - No defaults or missed payments Plata - approx. £27,000 BetterBorrow - £3,450 Zopa - £14,000 Reevo - £2,800 Updraft - £2,230   Credit Card - Balances - No defaults or missed payments except those noted Virgin - £6,100 (This card is suspended.) Halifax - £5,474 (This card is suspended.) Barclays - £5,400 (I am currently on a fixed monthly payment plan of £232 for almost a year now and missed last month's payment.) Aqua - £3,100 Fluid - £2,100  
    • They cannot send any claim forms, they are issued by Northants bulk.  Usual rubbish, and legally cannot be served by email unless you've specifically given Northants bulk permission to do.    Usual claptrap from TM.. See
    • OK but it's always best to scan up these letters you mention so We can decide proper actions/responce/use please scan them all to one mass pdf in date order.  Read upload use the online sites listed Dx
    • Instead of ridiculing them you could point out the embarrassment they will have in the papers if they persist in being in Court with a little old lady. it also won't look good for their landowners since negative comments afffect them too.
    • I'm going to say they haven't complied with the PAP although they did write saying they would be issuing a court claim in their letter they also state I had an agreement with OVO which they have a copy of the agreement and its terms and condition which I have definitely not seen. Also I've technically never had an agreement with OVO but with SSE I didn't even realise they had sold to them until this letter!
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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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confusing catalogue response any help please?


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And did you ever get anything back from MOTO?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi

 

Sorry for delay not been very well just recently.

 

Simon Wolfson and also Next themselves advise they didnt receive the letter... I sent it recorded signed for delivery but it appears it wasnt tracked properly as there was no information for it. So I will have to send again.

 

No news from MOTO either, but they advise there is a backlog of work and it may be a few more weeks before they get to complaints sent in dated when mine was...

 

Bit disappointing really, but will get a letter sent in to Simon again, and send special delivery this time.

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Sorry to hear you've been under the weather.

 

Mum's been a bit rough here but she is coming through it ok.

 

That's a real pain. My first thought is they are stalling. (And the PO should be giving a piece of your mind when you are feeling up to it too.)

 

I guess it will have to be sent again to make sure. grrrr

 

Doesn't matter if you get anything back from MOTO really. Shows you've tried to resolve matters. That's the main thing.

 

The N1 form you mentioned is here once you need it:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=338

 

Once downloaded you should be able to type right into the form. (I can ok.) Just remember to save the finished form afterwards.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi Davey

 

Sorry to hear your mums been having a bit of a rough time lately. I hope she comes through it soon.

 

They could be stalling but I guess as I dont have any proof they received the letter I will have to send it out again...

 

Thank you very much for the link to the N1 form!!

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In reference to unsigned agreements (by the debtor) i found Muffintops reply from TS interesting.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184802-discussion-enforceability-agreements-12.html#post1996591

 

Particularly link 2, 2nd complete paragraph:

 

"Creditors should also not suggest that you have signed a credit agreement where they are unable to provide evidence to support this - to do so (is) could be a 'mis-leading action' under Regulation 5 of the Consumer Protection from Unfair Trading Regulations."

 

Might be using that quote myself sometime me thinks.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 1 month later...

Anything new on this one JB?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Well the MOTA complaint is still in a backdated queue. I did have a phone call from Next a while back in reference to the Wolfson letter advising they were going to make an offer. Nothing in writing though.

 

Was going to leave it a little longer and chase that up plus the MOTA complaint.

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Well the MOTA complaint is still in a backdated queue. I did have a phone call from Next a while back in reference to the Wolfson letter advising they were going to make an offer. Nothing in writing though.

 

Was going to leave it a little longer and chase that up plus the MOTA complaint.

 

Sounds rather promising. Even if it was verbal and not very sincere of them you could view that as a stalling tactic as they don't want you to issue an N1 and take them to Court.

 

I'd be inclined at some point to let them know that you need an answer as you are planning a Holiday at some point and require matters to be settled for, if you have to issue a Court Summons, you want to get the POC filled before you leave. :wink:

 

If they really don't play ball soon you are going to have to follow through with the threat and send off the LBA/N1.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 2 months later...

Anything come of that Next phonecall JB or was it just a bluff?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 3 weeks later...

Sorry for the delay, had some family issue that took the wind out of my sails...

 

I have had a further phone call, but not letter. They have made an offer which very nearly clears the balance. I would have to sign an agreement or something about this though.

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oh yes.. be careful about signing anything. Do what's right for you but read the small print (post it up here for folks to check out) as they are slippery devils and you want any offers to be water tight.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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