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    • Hi i have attachd photos and the letter also there are 18 questions   1.Do you uderstand the caution? "you do not have to say(or write), anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court, anyrthing you do say may be given in evidence.   2. please sate your full name and address   what is your occupation and how long have you held this position.   what is the name of your employer the company you own?   3. please give your full account of how waste that contained correspondence addressed to you was found to be fly tipped material depositiied it then shows a map.   4. did you produce the controlled waste, shown in KM2 - KM6 below, deposited on the named road.   KM2 I have never seen before in my life KM3 is not a clear picture i cannot say i recognise or dont recognise these objects.   5. if not, do you no who produced the waste shown in photographs KM2 - KM6 depositied ---- if so please state there name and address.     6. did you deposit the waste, shown in photographs.   7. if the awnser is yes to question 6, please state why and the date you depositied the waste.   8.if the awnser was yes to question 6, did you ask permission to deposit the waste there? if so please give details of person or company.   9. if you did not depsoit the waste shown in photographs KM2 - KM6, depositied (name of road) do you know who did? please state name, address.   10. have you organised or paid to have any waste removed?   11. if the awnser to question 10 is yes, do you recognise any of this waste in photographs KM2 - KM6 pkease state photograph numbers.   12. if you asked or employed a third party to remove or organise and manage removal of waste, please state details name address etc. as well as a written agreement.   13. if you trannsgerred waste to a third party please state on what date, how i found the individuals and when i contacted them.   14. if you did employ or ask someone to remove the waste produced by you, did you check to see if they were a licensed waste carrier with the enviroment agency.   15. if you transferred waste to a third party describe the vechile used to transport the waste away.   16 uf you transferred waste to a third party please describe the persons involved.   17. did you do everything you now believe to be reasonable actions in the circumstances to make sure that any waste produced by you was transferred to a authorised person or registered waste carrier? please list actions taken, what else could you have done to check?   18. is there anything else you wish to add.     I have trid to upload files direct to this website but it said error 200   https://docdro.id/gnI3oBJ   https://docdro.id/BsMEPgn   https://docdro.id/i70Eu9U   https://docdro.id/gOhhUVe   Sorry i pressed something my keyboard and it sent
    • Thank you for that. I can't see any photos though, maybe you're working on that.   HB
    • Hi i have attachd photos and the letter also there are 18 questions   1.Do you uderstand the caution? "you do not have to say(or write), anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court, anyrthing you do say may be given in evidence.   2. please sate your full name and address   what is your occupation and how long have you held this position.   what is the name of your employer the company you own?   3. please give your full account of how waste that contained correspondence addressed to you was found to be fly tipped material depositiied it then shows a map.   4. did you produce the controlled waste, shown in KM2 - KM6 below, deposited on the named road.   KM2 I have never seen before in my life KM3 is not a clear picture i cannot say i recognise or dont recognise these objects.   5. if not, do you no who produced the waste shown in photographs KM2 - KM6 depositied ---- if so please state there name and address.  
    • The disadvantage to a creditor of a charging order or restriction is that they have to wait for their money.   The advantage to a creditor of a charging order or restriction is that it doesn’t become statute barred. It isn’t a “new cause of action”, and needs neither a new court claim nor a court’s permission to enforce, so they just sit back and wait (no six year limit).
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mslomo

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Hi all,

I am new to this site and have been reading some of the threads on here. It seems a very informative site, but im now confused with what I should do in my circumstances.

Let me give you a brief history. My husband and I have had some changes in our financial circumstances over the last couple of years, making it difficult to make payments on our loans, credit cards and overdrafts. I got some advice from 'national debtline' who were very helpful. I was told to change to a basic bank account, which we have done, and send letters to our creditors telling them our situation and make an offer of pro rata payments. This I have done (I generally sort out the finances!) and have had some varying answers. Barclays (yes I have read all about them!) sent default notices on our overdrafts straight away and said our offer was not enough (surprise, surprise!). My husband has a barclaycard and they have stopped the interest and we are making a pro rata payment to them. They have now handed it over to good old Mercers (read about them too!) who now keep calling. We dont answer their calls as we have caller display, and are paying the pro rata payment which is around £7 a month. And the calls keep on coming. Not as many as some people I have read about on here, but a couple of times a day. Sundays too...this should not be allowed under any circumstances I feel!

I have a credit card with Halifax, who have been pretty good. They have stopped interest and agreed an informal arrangement to reduce payments. Now I keep getting letters and phone calls from them as if they have no knowledge of this arrangement! Dont think one department is telling another!!!

What I would like to know is how I should proceed from here, especially with Halifax and Mecers/Barclays? I have very limited knowledge of the law and proceedures.

Any help would be gratefully received.

Thank you for reading this.

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Hi and Welcome

 

I personally would CCA them just to check that the agreements are enforceable. If they don't reply within the 12+2 days you can put the accounts in dispute and stop paying them if you wish until you get the CCA and send it to Mercers since its been handed to them not Barclaycard. Also are there charges on these late payment, ppi etc.,

I would also send the harrassment by telephone letter under separate cover.

It will prove to them that you have some knowledge about the consumer credit act.

Then when you have you replies post them to your thread making sure you remove all personal info, it will probably be better for you if you do them on separate threads.

As for the overdraft I don't know very much about that but I'm sure someone with more knowledge will be along soon.

Hope this of some help

DG:)


I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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Thank you for your reply,

How do you get a CCA? And how will I know if it is enforcable?

There is a 'late payment charge' on last months statement of £12 and I assume on previous months too. But the interest is 0%, so thats something I suppose!

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Send this letter :

 

Dear Sir or Madam

 

Re:

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Please note all communication must be in writing only.

 

I look forward to hearing from you.

 

Yours faithfully

 

Dont use your usual signature just initials or type it.

Send it RD or SD so you have a receipt and can track it to make sure it's delivered.

When you get your copy back just post it to your thread and someone will have a look at it, but remove all your personal details first.

 

DG


I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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Hi there

 

You could also enter into a debt management plan and make a monthly payment based on a pro rata basis to your creditors? This way you would have someone acting on your behalf x

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Thank you Diamondgirl. Much appreciated. I will send one asap.

 

Thanks loobyloo for your post. I was advised not to take out a debt management plan as our finances are unstable. I understand a DMP is legally binding and I may not be able to keep to it. Thanks anyway.

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Hey mslomo,

 

who advised you against a debt management? this is probably the most flexible way of offering them something or rather getting a third party to act on your behalf.

 

Debt Management Plans are not legally binding, this is an IVA. And the only way to come out of an IVA is bankruptcy or paying it in full. If you are looking at unenforcable agreements, please be aware that this is a long drawn out process and debt management may be the answer to relieve some of the stress in the meantime.

 

Just beware that some dodgy internet companies may charge you the first two or even three payments as a set up fee, plus take a hefty chunk of your monthly payment. Let me know if you want to look at this and i'll give you some names of some i know that are fair.

 

Take care

Debbie

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Troll


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi

Debt Management Plans are not legally binding. They are informal arrangements between you and your creditors, which allows you to make a monthly payment in the debt management plan each month until your debt is cleared in full. There is no guarantee that interest and charges will be frozen with it not being legally binding, however, if you are with a company, they will negotiate on your behalf with your creditors applying to get the charges frozen. Payplan and CCCS are good recommended, free debt management companies. x

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Thanks for all your help and advice. Im now seriously considering bankcruptcy, as I see no other way of getting these people off my back without long fights and loads of letters/phone calls going back and forth! Every letter is just over £1 a go. With 8 creditors its costing loads just to communicate with these people!! I do not own a house, have no assets or nothing of value. My husband is on indefinite sick leave on SSP and we are just scraping by. We have 3 children too which cost the earth!! lol

Any advice on the bankcruptcy route would be appreciated. I have started filling out forms on line.

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