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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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lou1-1

Bank Loan

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Hi

 

I originally took my loan out with Barclays in 2003. Last year I still owed a couple of grand on it but I asked if I could top up my loan to get a car. My bank done this for me and sent out all the paperwork, I still have the copy of the CCA I should have sent back to them but which I never. I also remember ticking something online. I am basically asking is there any point in me sending a letter to them asking for my CCA?

Also if there is no point would I not be able to ask for the CCA I originally signed back in 2003 and if they don't have it could I ask for the couple of grand I originally owed be deducted from the amount which it was topped up by last year?

I hope this makes sense, I am new to this sorry.

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Hi Lou,

 

The "tick" for an on-line loan will be accepted in the same way as a signature on a paper Credit Agreement.

 

I think the new loan would replace the old one entirely. Hence part of the new loan would be used to settle the balance o/s on the old one.

 

You can, of course, ask for sight of the agreement using a CCA request. See item 8 here and Letter N - The Consumer Forums - Debt collectors


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Thanks Slick

On a different note would you know if I could send a request for my CCA if I also have a Credit Card. I have had my Credit Card for about eight years now and owe about a couple of grand. They keep increasing my limit so I still have about another couple of grand left to spend on it. I'm hoping if they don't have a CCA I won't have to pay my outstanding balance?

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Hi Lou,

 

You can send a CCA request to BC but they won't send you the credit agreement. Read other threads here and you see what's happening - BC will not produce the agreement in almost every case.

 

Read about the CPR strategy in Link No2 in my signature below.

 

As soon as you stop paying, they'll have Mercers and other DCA's on your case double quick.


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