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    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
    • 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
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      I was in Sainsbury’s today and did scan and shop.
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ben_slicker

What Do I Do

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Hello All,

 

Well I lost my job back in April 2009 this year due to the business going down the pan, been there for just over 4 years and now I've just finished college. I have just signed up to jobseekers allowance so getting about £50 a week.

 

Now before then I was keeping up with payments on all my debts that I have. No I don't have a lot of money apart from my job seekers allowance and don't know what to do.

 

My Debts:

Bank of Scotland Personal Loan

Halifax Bank Account Overdraft

AA Car Insurance

PayPal Balance

Vodafone Contract Bill

 

What can I do to sort all this out I'm tearing my hear out with stress at the moment!

 

Ben

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Hi Ben, welcome to CAG

 

Firstly, you need to send a letter to each of your creditors asking them to accept lower payments (or none at all for a specified period) & asking them to freeze the interest on any accounts. Enclose an I&E - just approx. income & expenditure (don' forget to include an allowance for food & clothing) so they can see you can't afford to meet their monthly payments in full.

 

The templates for doing this are here:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Then consider if you have had any charges applied to your accounts for eg. over limit, late payments etc. They are all unlawful & can be claimed in full ( but not the interest on what you have spent on your accounts). If you do not have the statements to calculate your claim, ask them to send them or send a SAR (cost £10.00). The template is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

If you are sending a SAR, also ask them for a copy of your credit agreement; it's possible that it may be unenforceable & you may not be liable for anything. (but don't hold out high hopes on this one, they could be dashed)

 

If you need further specific help with each account, post a seperate thread in the appropriate forum.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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