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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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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.
      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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Is a LILA sequestration the best way forward?


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Hi

 

First can I say that this forum has been a godsend. To be able to see that you are not the only one struggling helps deal with emotional side of debt problems.

 

Basically I'm looking for some advice as to what people think may be my best way forward. I have around £25000 unsecured debt. All of it is in my name except an overdraft of around £2000 on what was a joint account with my husband. We now both have basic bank accounts at the Co-op. I have suffered ill health over the last three years, culminating in losing my job through ill health in March. It is unlikely I will be fit enough to work for around another year.

 

I spoke to a money adviser at the CAB by phone and have an appointment in around two weeks but they indicated a DAS wouldn't be possible as I'm on benefits and suggested the LILA scheme.

 

The house is owned by my husband and always has been, I am not named on the deeds. He bought it around 15 years ago and I moved in about 5 years ago. The debts were incurred before I met him and were being paid through a debt management plan with Paypal til I lost my job. I'm told by the CAB that under Scottish law the AIB wont consider the house as an asset of mine in these circumstances. Is that right?

 

I'm terrified he will lose his house through something I did before we even met. It could spell the end of our relationshipas I've already attempted suicide and he has been very understanding so far but I'm not sure how much further I can ask him to go. He is not working through ill health and recent surgery although the bank has frozen his mortgage payments til he goes back to work so at least there is no arrears there. Apart from the joint overdraft I mentioned he is debt free.

 

So my question is in peoples general experience is it better to struggle on and try to come to an arrangement where I can make token payments until things get better or bite the bullet and go for the sequestration.

 

The other question is, if it is the case that I'm sequestrated do I have to tell my life and home insurers if the policy has been up and running or does the question only apply to new policies?

 

Many thanks

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Hi vivienne and welcome to CAG, take things one step at a time,as you will get all the help and advice here, please do not consider suicide again. You and your husband will not lose the house because of your unsecured debt, i dont have all the answers that you are looking for, however others will be along and advise you further, in the meantime get keep your chin up.:)

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The CAB will go through all this with you, but if the house is not in your name,title deeds or mortgage wise,then going for LILA will not affect the house. It is £100 fee for LILA but you can save that up,but you need to have done that before you can make the application.

 

Obviously I can only go on what you have said here,but LILA does seem the best option. The only tiny problem is that the bank that you have the joint overdraft with, can pursue your husband. Some will just write it off though, cos it may just not be worth the hassle for them.

 

Please do NOT consider killing yourself.It is ONLY money, and you will get through this.

 

And remember, even rich people can't take their cash to the next world, so we all end up the same way,potless.:D:D

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