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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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      I was in Sainsbury’s today and did scan and shop.
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I have 2 outstanding loans (one HSBC one Northern Rock), a Barclaycard, a Virgin credit card, a HSBC credit card and a Capital One card.

 

I have incurred fees on these in the past but am currently up to date with payments albeit making very slow progress at reducing the outstanding amounts.

 

I calculated my fees on my Barclaycard last night from my old statements and sent off a request for a refund of £240 fees plus £31.27 interest on these fees today using the calculator and 1st letter template on MSE.

 

Now I've just started reading about unenforceable CCAs and wondering where this fits in and if I would be eligible.

 

Since I've already started the fee reclaiming should I wait to hear back from them about this before I request a copy of my CCA? Also I've spent most of my day reading the FAQs and starting out guides but I am a little confused as to whether I should be asking for a SAR or a CCA? It's all becoming gobblygook!

 

As it stands I will be in debt for a considerable amount of time in the future and would like to explore any options to reduce this.

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Since I've already started the fee reclaiming should I wait to hear back from them about this before I request a copy of my CCA?
You can request a CCA at any time & it won't affect your claim http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

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It would be better to request the CCAs first to check the enforceablity of the agreements & a lot cheaper, if need be you can send a SAR at a later date.


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Thank you cerberusalert.

 

I was looking at the template on here to request a CCA but was unsure of what to amend the first paragraph to for credit card agreements. I see the wording has to change to say s78 but does the number in brackets change?

 

So alongside my reclaiming I can also request the CCAs and don't need to act within a set time span ?

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Just put s78 and omit the (1)


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So alongside my reclaiming I can also request the CCAs and don't need to act within a set time span ?

You don't have a time span to keep to no, but they do. They have 12 working days from receipt of your request to provide an enforceable agreement, if they fail to do so you can send the 'In Dispute' letter and legally withold payment until one is provided.

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Anthrax alert at debt collectors caused by box of doughnuts

 

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That's really helpful, thank you cerberusalert.

 

I am in the process of applying to all card providers for charge refunds, I will start applying for the CCAs too. So overwhelming and lots to take in!

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So overwhelming and lots to take in!

If you have any problems or questions all you have to do is ask & someone will help. ;)


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Thanks Cerber.

 

I have sent fee reclaim letters to Barclaycard and Virgin this week and have just also sent the CCA requests with the £1 postal orders.

 

So the wheels are in motion and I will await a response and start sending our letters to the others.

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