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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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bankruptcy advice??


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Thanks so much Joe

So would the "certificate of sequestration" mean I can apply myself even tho I jointly own a house? And what difference would this be to being aparently insolvent?

There is still little or no equity in the house and my ex is still having trouble buying me out even tho he has saved for a deposit. Things can be strained between us as he thinks the accountant in bankruptcy will try and do him out of money by maybe saying the house is worth more than it is therefore meaning he will have to give them more money which will ultimately mean less for me and my kids as he said he will be taking it out of my maintenance. Do you know how the AIB works out the value of a property in these cases?

 

Much appreciated

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Sorry for delay in replying as just back from a short holiday.

 

Yes a Certificate for Sequestration can be granted to a home owner.

 

As far as being able to apply for bankruptcy - either a Certificate for Sequestration or being apparent insolvent is the qualifying criteria. The application fee for applying for bankruptcy is still £100.

 

The AiB obtains a current market valuation of the property from a surveyor.

 

As far as maintenance is concerned, the Child Maintenance & Enforcement Commission sets the standards for child maintenance when there is no agreement between estranged parents, refer to the following link:

Child Maintenance and Enforcement Commission - managing child support

 

Best wishes.

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  • 3 weeks later...

Thanks to everyone for your advice. Thing may hopefully getting somewhere very soon.

My ex has been in contact with a financial adviser who has contacted our mortgage lender requesting that my name be removed as it is having a negative effect on my ex's credit rating and as we are no longer together, he considers this unfair. Is this true? I am now attending a joint interview at the bank with my ex next week regarding this, should I say I am expected to be made bankrupt?

Also as one of my creditors has got their decree against me so Im now worried they will put an inhibition order on my old house therefore meaning even tho I dont live there I cant sell it (even at a loss). Do they have to apply to court again for this and would I be notified?

Where the hell would I go from there? As I understand it this means if I do sell the house any equity received must pay my debt to them, but my debt to them is more than I could dream of getting from the house and as it stands it will be nothing as its worth what is owed??

 

Thanks in advance

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They will not just remove you from a mortgage - your ex would be invited to reapply for a mortgage in their own name to replace the existing one and you would be asked for written confirmation for this.

 

You and your ex are financially connected whilst you have a joint mortgage and or any other loans/accounts etc

 

no they can apply for an inhibition without returning to court becasue a decree has alread been granted

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Thanks Ida. I really didnt beleive it could be so easy.

 

With regards to the new thing coming in in oct for homeowners, think its called a certificate of sequestration. Once my ex has negotiated a figuire with the AIB would that mean my name would then be removed from the mortgage?

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