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    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
    • What's the default date? It should be on your Credit File
    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
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BB-Q

Marbles credit card hassle

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Hi. I'm new on these forums and am looking for some advice.

 

I've had a Marbles credit card for years- it came free with a cooker (I never asked for it)! I've had no problems over the years but recently Marbles appears to have been sold by HFC to Halifax. Since then I've had nothing but trouble from them and I've had enough now.

 

I missed a payment. My fault, I know, but I didn't realise (plain old fashioned forgot) and since then I seem to have unwittingly unleashed the Hounds of Halifax. I paid the missing payment over the phone when the collections department called and then got another call two weeks later to say I was in arrears and needed to pay them some more. This seemed to set a pattern in place whereby I'd pay them, ask at the time whether the payment being taken was all the money that they would require that month, had this verbally confirmed and then two weeks later get another phone call to say I am in arrears once more!I tried to set up a direct debit with them three months ago to put an end to this, but it seems not to have materialised and they have no record of me setting it up with them over the phone.:evil:

 

I've just had another call from them today and let rip at them a bit- I'm very patient but this has boiled my .... well, you know.;)

 

I've had enough of them and their bullying and want to find out if this debt is actually enforceable. What should I do?:-|

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bb-q

 

it is in your best interest to ensure that your monthly payments are paid on time and that you establish a payment method asap.

 

do not allow these people to dictate and stop answering there calls. only respond in writing and do not answer any of thier security questions.

 

now once you have established a payment method and stick to it. send a S.A.R. and find out what agreement record that they have i assume that this original agreement was taken out pre 2007.

 

also have a look at a number of posts on this website you will find out that a large number of members have similar disputes.

 

djc

Edited by djc
typing error

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Thank you. CCA and SAR requests sent.

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BB-Q

 

well done now keep posting and gaining experience by reading other persons posts, some make excellent reading.

remember the path that you will have to follow is not necessarily difficult but it will demand your full concentration and sticking with the objective in hand.

 

good luck

 

djc

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