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    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Graduate loans


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Having received a job offer (not in writing until CRB check and references have cleared), I really need to get a loan to buy a car (it's an essential car user position).

 

I've gone to my bank (Abbey) to ask about student loans, and after 2 hours of flaffing about with conflicting advice, I was finally told that I need to be in the job before I can apply.

 

Basically, I need the loan (about £3-4k) ASAP, but I need the payments to start in a couple of months time (after I get my first pay), which I thought was the whole point of a graduate loan.

 

My overdraft (£2000) is maxed out and ideally I do not want the hassle of switching banks, but will do if I must.

 

Finance is not really suitable, as I will be using part of the loan to pay for insurance as well.

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Hi there,

 

I think this will largely depend on your credit record. I have just graduated uni but have had a car finance agreement for £9000 since March 2008 with no employment. My parents pay for the car for me; however, the finance is in my name and I had no troubles. Do you know if you have had any credit problems in the past e.g. defaults, etc. Also, a maxed overdraft might hurt your chances a little. My advice, go and chat with a specialist car finance provider - Santander Consumer Finance are pretty good despite owning Abbey you might get quite a different response. At the end of the day, it might just be the recession, no income and no assets is higher credit risk for lenders.

 

Final suggestion is try Zopa, it is a community lending website and probably the place where you will stand the best chance as they offer young people loans.

 

All the best,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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Well my credit rating seems OK. I've had CCJs in the past (more than 6 years ago) which I am still paying, but I got a store card recently with no probs (only because my brother has a part time job in that store and needed 1 application to pass some target). I've also passed a credit check in the past to work for a bank so I think I'm OK.

 

The reason why this is peculiar is that the job I have is an essential car user from near enough the outset.

I only passed my test a few months ago and have not driven since.

I therefore need to have a car before hand to get used to it and driving again.

As I'll be waiting a month or so before a pay check, I'll also need some of the loan to pay for insurance and day to day essentials - that's why I asked about a graduate loan. Car finance by itself is not really suficient.

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Your best bet would be, if you can get it a MBNA or Egg 0% card , both of these you can transfer funds into your bank account and spend as you wish with no interest to pay for 15 months, just the minimum payments. Both these give generous credit limits. In 15 months you will have an income and be able to get a loan to transfer the balance.

 

The difficulty will be that at present you have no income, and the process is automated.

 

Have you thought about leasing a car for a while, or HP which is expensive, you could also put your insurance on a monthly DD.

Does your new employer offer assisted purchase vehicle loans, although to be eligible you will most likely need to be out of your probationary period.

 

Barclays I beleive are one of the easiset graduate accounts to get.

 

Good Luck and congrats on the new job.

Consumer Health Forums - where you can discuss any health or relationship matters.

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