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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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Sequestration help needed


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I have large debts £23,000 with nothing of value, live in a rented house and absolutely zero equity and have spoken to a solicitor who says my only real option is Sequestration. I am willing to go along with his recommendation but I wish to know what is entailed exactly in this? I have sent away for the charge for payment notice which he said I should do with the £10 fee and have received it back from one of my creditors. What do I do with this now as I cant afford to go back to the Solicitor just yet. He said it is fairly straight forward but I just need a bit more information.

 

Thanks to anyone who can offer any advice.

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Hiya,

 

either your sol has not explained it too your properly or there is confusion.

 

A charge for payment is sent by a creditor to you, there is no charge for thi, when you have defaulted on a debt.

 

WHat may have happened is that you have asked for is a creditor to agree to allow you to go BK ( alot won't as it does not benefit them) again there is no charge for this

 

here is a link that you may find useful

 

National Debtline Scotland | Debt Advice | Factsheet 01 Bankruptcy

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thanks for the reply, but there is no confusion. I do not have the original charge for payment paperwork which is why he said to send off for a copy as I will need it for the sequestration paperwork. Sorry if I did not paint the correct scenario. Apparently I need this to enter into sequestration. I was basically asking for some advice on what is entailed cheers.

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oh got it.

 

you sent a £10 for a subject access request to get all the info.

 

but you wouldn't have too, if the charge for payment went through then you would have a decree granted and the court has this info, for free.

 

but anyway that link is quite good for info.

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When i went thorugh it it lasted for 3 years not like the 12 motnhs now.

 

For me it was the beet thing - it learned me to manage better and appreciate money more and now i do not own a penny to anyone and if i need something save for it., but some poeple thing it could have been the worstr thing.

 

AS you have no assets etc DO you have a car?

 

What you have to mind that anything you have left at the end of each month goes to them and as long as you fully comply then you should have no problems. You are also meant to include any windfall even bingo wins :rolleyes:

 

 

DId you see the part about low income low asset BK on the link? this would mean you do not need to show insolvency to apply

 

Ida x

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Well the meeting with the solicitor covered my income and outgoings and I have basically £80 something to provide me with food and clothing per month. He said I dont have enough to pay anyone anything this is why sequestration is my best option. I will give you the full run down. I earn £27,500 pa and pay out £350 csa through deduction from earnings £150 seperate child maintainance and have a deduction from earnings for £157 pm by one of my creditors. My fuel to work and back is well over £200 pm as I travel over 100 miles each day so I really dont have the proverbial pot to pee in. My car is only worth about £700 at best but is reliable thank Ford. Rent and Council tax come to £686 and that includes the 25% single occupancy reduction. So you see life is pretty grim at the moment. This is not a sob story by the way I am at fault and realise this so I am truley grateful for any advice from anyone and any hints or tips with coping with this. I did see the part about low income but I dont qualify as my salary is too high I think and the solicitor did say I wwould need to prove everything.

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think of this as a positive step.

 

The next 12 months + will be hard at first - adjusting to not using credit for stuff.

 

Then when you get into the swing of it - it CAN serve you well. many people as soon as the can then try to get credit again and this can be a mistake until you learn to live with what you have rather than what you can try and get.

 

As i said it s been neraly 10 years for me now - all bills up to date - yes still struglle sometimes at xmas etc but always get back on it - do not have any credit now except for very small overdraft - just to help out if i need it - saved up for my car and only buy things new when i have the cash to do it.

 

It's all about what you want to get out of it.

 

If you are looking for this as a quick fix and then you can try and get credit afterwards can be the wrong way - look at this as now can try and manage your finances better so you do not go back to what you are trying to do now

 

hope this helps you a little

 

there are also other threads in these links that you may find helpful:

 

Dealing with Debt in Scotland - The Consumer Forums

 

Formal Solutions: Bankruptcy, Administration Orders and IVAs - The Consumer Forums

 

Ida x

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One thing for sure its not a quick fix. I cant get cretit and havent been able to for the past 10 years or so, so that will not bother me. I have had one of the shining light moments since things have come to a head and fully intend to save save and save every penny I can from now on which wont be a lot but all the same will be something. Hopefull this will be a sort of blessing in disguise although a rather shocking one and eventually I will be able to live normally again.

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  • 3 weeks later...

Hello, I just joined the forum today and saw your post as I was skimming through etc. Having been there and done it and I would say in the long run, sequestration will be yourt life saver. However, one of the main difficulties you will have immediately following the event will be maintaining a bank account because all of a sudden you will become persona non grata as far as nearly all of the Banks are concerned. Personally I went through a three month nightmare trying to find an account which I could operate effectively.

 

The answer I found eventually, was the Co-operative Bank. They have an account, (has to be kept in credit of course), which will allow you to transact electronically via a Visa Electron Debit card. Open this account and use it carefully. Avoid direct debits unless you're absolutley sure there will be available funds are more than three toots within a three month period, and yer oot!

 

Unless something drastically goes wrong, and I can't imagine what that might be in your situation, a year later you can apply for a discharge certificate. Once you have this you should contact experien and equifax and get them to amend their records. My understanding is that there then follows a further five year period of not being unable to get credit anywhere, but I'm still going through that so have incomplete experience.

 

Oh yes, and keep your chin up!

 

Hope this helps.

 

lg

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  • 1 month later...

Hi

Just signed in for the first time since registering last year and saw your post. I went for self sequestration under the low income/low asset scheme not long after the scheme started. It cost me £100 and it was the best £100 I've ever spent. All my debts were written off and I've since learned to live within a budget and managed to get a basic bank account with the Co-op. It hasn't been easy to live within my means but it is far less stressful than my life before. Don't know if you fall within the rules income wise but it would be worth checking up on for peace of mind.

Good Luck.

 

C

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  • 5 weeks later...

Hello -reading this with great interest as I am considering this route as well. I am om benefits (incapacity) and am a home owner with little or no equity in the property. It is also in joint names so my wife owns half the property. What happens to the house if I choose self sequestration?

Kind regards,

David

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olrac123 have a read here Scottish Executive: Web site currently unavailable.

 

If you are considering self sequestration you do need to seek independent qualified advice. Money Advice Scotland and Citizens Advice Scotland both offer free impartial advice Scottish Executive: Web site currently unavailable.

 

I've also given you a link to the debtor application packs to have a look at Scottish Executive: Web site currently unavailable.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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