Jump to content
  • Tweets

  • Posts

    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
    • It follows a public backlash after stores were told they could not sell items such as clothes. View the full article
    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
    • Sian Williams from Indonesia takes us through her week during the coronavirus pandemic. View the full article
    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

HELP - in a DMP but got Court papers today


Please note that this topic has not had any new posts for the last 3924 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

After months of trying to communicate with creditors but they were ignoring my letters and offers to pay, I entered a DMP with Payplan. the plan is operational and making payments to all creditors, but only one has "accepted" the arrangements, the others are not, one has today issued a Court claim form.

 

Payplan seem very blase about this - unlike me - I entered this plan to prevent this sort of hassle.

 

I've CCA's the ones I think were incorrect, and in fact have heard nothing from one creditor for months now, but the others won't accept I'm doing my best to pay them

 

I've no idea how best to proceed, and the thought of going to Court terrifies me.

 

What can I do next?? thanks.

Link to post
Share on other sites

Howard Cohen issued papers on behalf of CL finance who have been assigned the credit card debt from G E Money.

 

The particulars are basically that we owe the money, we haven't paid, so they are claiming via the court.

 

Yes, I am paying them via payplan, on a pro rata basis with the other creditors, after having gone through an extremely comprehensive income/expenditure statment with payplan.

 

Payplan have given be a breakdown of what might happen, which seems to involve lots of Court attendances complete with fees and paperwork, following which they might send bailiffs or ask for charging orders or attachment of earnings.

 

And there was I thinking I'd been handling the debts responsibly by attempting to pay them off as best as I can afford.

 

By the way, over the past couple of years they have racked up the interest to where my monthly payments were barely covering the interest, and one creditor who has accepted my offer, the interest and charges are three times the amount I'm paying, so I can't see this ever ending.

 

Payplan mentioned an IVA, but I have equity in the house (which I obviously don't want to sell), so I thought I couldn't do that??

 

Thanks

Link to post
Share on other sites

well if the creditor are still adding interest your payment are doing nothing to reduce the debt, so there is no paoint making payment through Payplan, so personally I would cancel the arrangement.

 

I would send CCA request to each creditor and see if their paperwork is sufficiently in order to even have the right to enforce the debt.

 

as for them saying

'they might send bailiffs or ask for charging orders or attachment of earnings'

 

this is not on. They are there supposedly to help debtors, not intimidate them, that is the job of the DCA.

 

There will be no bailiffs, charging orders or anything else into they have took the case to court and WON, even them you would have to default on the payment schedule ordered by the court.

 

how old are these debts?

what kind of debts are they?

 

As for the court claim, you have to acknowledge the claim.

Once you have done that we can go about requesting under Cival procedure the copies of the documents they intend to reply on in court.

 

Don't worry about the court thing it is no big deal, you are in good hands on here

Edited by alfwithhair
Link to post
Share on other sites
Howard Cohen issued papers on behalf of CL finance who have been assigned the credit card debt from G E Money.

 

The particulars are basically that we owe the money, we haven't paid, so they are claiming via the court.

 

Yes, I am paying them via payplan, on a pro rata basis with the other creditors, after having gone through an extremely comprehensive income/expenditure statment with payplan.

 

Payplan have given be a breakdown of what might happen, which seems to involve lots of Court attendances complete with fees and paperwork, following which they might send bailiffs or ask for charging orders or attachment of earnings.

 

And there was I thinking I'd been handling the debts responsibly by attempting to pay them off as best as I can afford.

 

By the way, over the past couple of years they have racked up the interest to where my monthly payments were barely covering the interest, and one creditor who has accepted my offer, the interest and charges are three times the amount I'm paying, so I can't see this ever ending.

 

Payplan mentioned an IVA, but I have equity in the house (which I obviously don't want to sell), so I thought I couldn't do that??

 

Thanks

 

Have you read this thread ? -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

Have you completed the Acknowledgment of service ?

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Hi

 

I am too with Payplan, and they usually complete the claim form for you on your behalf.This will involve completing an income and expenditure, offering a payment, and calling the creditor to suspend this action. If you are having problems, ask if anyone could guide you through it or complete it on your behalf.

 

Yes Payplan have an IVA company too. IVA, all of your assets will be protected, including your house. The creditors would just require you to remortgage in the 4th year of the IVA, and pay in your share of 85% loan to value of any equity you have. The IVA is a 5 year, legally binding agreement between you and your creditors, if you have enough surplus, it may be worth looking into, as I know Payplan are free of charge.

Link to post
Share on other sites

DONT SEND COURT PAPERS TO PAYPLAN THEY ADMITT THE DEBT AND YOU THEN HAVE TO PAY THE WHOLE DEBT AND FEES THEY REFUSE TO ACT IN ANYOTHER WAY ON YOUR BEHALF.

 

This is well documented on the forums.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

deal with it urself thats what every other CAGger does.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

In my case because CCCs took so long to pay out after I paid them I got three charges added totally £44 so I now have more debt than when I started with them! Plonkers! :mad:

Link to post
Share on other sites

Hi

I am a newbie on here I am on a DMP with Payplan since August 09 I have 2 debts with MBNA they accepted the payment plan and have been paid regularly since Aug 09 yet today I received 2 court claim forms (Northampton) the solicitors acting for MBNA are Restons. I received a letter from Restons 5th Jan 2010 requesting payment and financial statement I contacted Payplan who told me to send copy of the letter to them which I did the same day and they would deal with it. The date on the court forms is 22nd Jan and Payplan did not contact them until 25th Jan ? dont know if the delay has resulted in this legal action ?

Link to post
Share on other sites
Helpfull...

 

Not being funny but there has been advise offered and links to threads that need to be read.

 

Questions have been asked which have not been answered so before commenting maybe reading first.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites
Hi

I am a newbie on here I am on a DMP with Payplan since August 09 I have 2 debts with MBNA they accepted the payment plan and have been paid regularly since Aug 09 yet today I received 2 court claim forms (Northampton) the solicitors acting for MBNA are Restons. I received a letter from Restons 5th Jan 2010 requesting payment and financial statement I contacted Payplan who told me to send copy of the letter to them which I did the same day and they would deal with it. The date on the court forms is 22nd Jan and Payplan did not contact them until 25th Jan ? dont know if the delay has resulted in this legal action ?

 

 

I would advise you create your own thread and link it in to here.

 

I would also advise the court your defending the claim and CPR MBNA/Restons.

 

They are playing silly buggers and they know it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...