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    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
    • Have you previously requested the agreement by a CCA request ?
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      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.
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Debt Management agreements & interest charges.


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Having arranged my own debt management agreement with all my creditors, one, Bank of Scotland insists on still charging interest - which effectivly means the debt is increasing.

 

Should I withold payments so they instruct a debt collection company ( where another arrangement can be made ) or await a summons & make an offer to pay via the court.

 

Any ideas ?

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As you have made your own informal arrangement with your creditors, the creditors are not guaranteed to freeze all interest and charges. Therefore I understand your concern about the debt increasing, however, you can apply to get charges frozen but not guaranteed as it isnt legally binding.

Have you considered entering into a debt management plan with a company who could apply to have interest and charges frozen on all accounts?

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Sadly even debt management companies can't guarantee charges in interest will be frozen it's happend with my accounts I am still paying interest on one of them. It's still up to the individual creditors whether they stop the charges or not.

 

DG

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

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As you have made your own informal arrangement with your creditors, the creditors are not guaranteed to freeze all interest and charges. Therefore I understand your concern about the debt increasing, however, you can apply to get charges frozen but not guaranteed as it isnt legally binding.

Have you considered entering into a debt management plan with a company who could apply to have interest and charges frozen on all accounts?

 

 

Yes, payplan couldn't help as a large percentage are already with debt management companies & they cannot get them to pay them !! So won't take it on & reccomended I do it myself, which I have done very successfully. Other compainies charge say £ 50 monthly which would reduce payments to a very small amount & not worthwhile.

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Sadly even debt management companies can't guarantee charges in interest will be frozen it's happend with my accounts I am still paying interest on one of them. It's still up to the individual creditors whether they stop the charges or not.

 

DG

 

Understand, that's why I think it may be best to force the issue & get them to trasfer the debt or issue a summons - the court at worst will likely accept the same figure.

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  • 1 year later...

I have a similar problem, I have been fighting with Barclaycard for about two years now, I've written them, called them, made a formal complaint and even taken it to the Ombudsman who although sympathetic said they could not force the company to freeze interest (currently charged at 6.9%). I am in a debt management plan with PayPlan who say that I would have to make my own decision regarding Barclaycard and also stating the following "a CCJ does not mean that the creditor has to freeze the interest. It simply makes the repayments legal". The question is this - If I cease payments to Barclaycard they will be forced to do something, either transfer the debt to a debt recovery company or take action in the county court.What I would like to know is this - If a CCJ is awarded against me, will interest and charges be frozen? I can't seem to find a definitive answer to this question on any website including Court Service and Direct.gov!Does anyone know the answer?

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write to the CEO of Barclays saying stress is making you ill etc etc. Say other creditors have reduced to zero interest to give you a fighting chance of paying the debt of etc I don't believe Barclays are particularly difficult to get them to zero and I would challenge PayPlan not trying hard enough. I have several cards and a loan - all at zero which means there is light at the end of the debt tunnel albeit in a few years time.

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hi, yes if it were to go to court, intrest would stop at that point, that why they like it this way you are allways paying, my advice would be if you can not pay dont pay and let them take you to court and pay whot you can aford, you will pay the balence owing that is a compleat c/r , allso believ me they are not botherd about you or your household when trying to collect , reameber they will most likely give to colecsion agents first, ignore the **** bags they dont have any power , take my word for it they will try every thing to get you to pay but if you cant dont , and dont let any bailiff **** into your house, believe me i was part of the anti poll tax movement so there not much that i dont no about these **** that cant get a proper job on the planet, regards

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