Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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
        • Like

Need a lot of help please!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4187 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

:mad: Just received a letter from them this morning which said application for ccj on the top of it. I wrote to them a couple of weeks ago stating i will pay them £40 per month as this is all i can afford and they havent even acknowledged a word i wrote . Looks like they are going for a ccj. My other payday loan with wonga is also not going anywhere. The recorded delivery letter i sent offering installments to the dca they have appointed was returned even though i double checked the address i sent it to.

My DMP with cccs is due for a review, i know now that i shouldnt have taken these payday loans and want to ask cccs for their help but believe they will throw me off the dmp. Dont know what to do next! Any ideas?

Link to post
Share on other sites

What are the debts you are paying for? Credit Card, Loan etc?

 

Have you required a copy of the Credit Agreement from these companies?

 

I personally will never pay any third parties, DCA`s anything! I will always challenge them! These companies should be shutdown with immediate effect!

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

Link to post
Share on other sites

Not really sure what i am doing there! When you say have i got a copy of the credit agreement what exactly do you mean, what difference would that make to this situation and how do i go about sorting that? Sorry to sound so thick but not as up on these financial matters as some:oops:

Link to post
Share on other sites

If Mackenzie Hall do go for a CCJ you can defend it easily and get costs too, plus the judge will take your whole expenditure into account and only make you pay what you can afford, if it is £1 then tough to Mackenzie Hall.

 

How many payday loans do you have, and which companies are involved.

 

CCCS arent the best to deal with payday loan companies, they deem all loans are payable and dont try to negotiate to get the real amount you owe revealed, ie the amount you borrowed less their crazy interest default payments.

 

Because these companies have such high interest rates most judges would query their charges, or be made to be more aware of the charges than they are now.

 

We can get you out of this mess, but firstly you must list all you owe, as there is another option called snowballing.

 

Snowballing works by putting all the amounts you owe into a list, smallest loan first, then you pay the small loan off in full or in two lump sums, and the other companies get £10 each, then you go to the next one, by the end of six months you would have paid off three companies completely, and the others will either have shut up or start asking for substantial discounts for immediate clearance.

 

For snowballing to work you really need about £200 a month, so the small company gets £150 and five others get £10.

Link to post
Share on other sites

I am presently on a DMP with CCCs but having a few difficulties

and just contemplating if there is another route out of this mess.

 

I have 35k worth of debt with cccs paying £200 per month.

Most of the creditors are being ok except 1 which has gone on to ccj

and now looking at a charging order for £1000 debt to them.

Worried they are going to try to force a sale of our house.

 

 

Also have mortgage arrears and council tax arrears but come to aggreement with them so not so bad.

 

 

Biggest problem are 2 payday loans i stupidly took out whilst on DMP

(sincerely didnt realise,though should have!! that not allowed whilst on DMP)

and darent tell cccs as i believe they will cancel my DMP

so trying to get them to agree installment plans with no joy at present.

 

 

1 has just sent letter to say going for a ccj (Mackenzie Hall).

Just want to sort this mess out, not lose my house and stop feeling so ill and stressed.

 

Do you think another DMP provider would take me on if i admit mistake to cccs and include these payday loans.

 

Should i request credit agreements from all my creditors and how does this work.

 

One creditor is Natwest for a large loan (11k) and they have my mortgage.

They are being ok letting me catch up on mortgage arrears so if i request credit agreement

from them will they 'punish me' by playing nasty with mortgage arrears.

 

Thinking about an IVA or self managed DMP.

Worried that if i look at an IVA my creditors wont agree to it,

i realise that 75% in value need to agree but read somewhere that a lot of IVA proposals failing atm.

 

I know you lot are so much more up on things than i am so what would your plan of attack be.

I need to get this dealt with once and for all but it all seems so overwhelming.

My job is very demanding and i do find it difficult to sit down and deal with paperwork though i know i have to.

 

Hubby does know the situation except the payday loans but safeguards his sanity by letting me deal.

He does suffer with depression and to be honest if i made him take more control

it would end up detrimental to us as he is super difficult to live with when depressed

but at the same time, when we are near to the end of the month

and watching every penny and i say we cant afford something

or to do something he does get fed up and humpfy.

 

 

I must admit to feeling a little resentful that the worry is much more on my shoulders.

Any advice greatly appreciated.

 

Link to post
Share on other sites

If Mackenzie Hall do go for a CCJ you can defend it easily and get costs too, plus the judge will take your whole expenditure into account and only make you pay what you can afford, if it is £1 then tough to Mackenzie Hall.

 

How many payday loans do you have, and which companies are involved.

 

CCCS arent the best to deal with payday loan companies, they deem all loans are payable and dont try to negotiate to get the real amount you owe revealed, ie the amount you borrowed less their crazy interest default payments.

 

Because these companies have such high interest rates most judges would query their charges, or be made to be more aware of the charges than they are now.

 

We can get you out of this mess, but firstly you must list all you owe, as there is another option called snowballing.

 

Snowballing works by putting all the amounts you owe into a list, smallest loan first, then you pay the small loan off in full or in two lump sums, and the other companies get £10 each, then you go to the next one, by the end of six months you would have paid off three companies completely, and the others will either have shut up or start asking for substantial discounts for immediate clearance.

 

For snowballing to work you really need about £200 a month, so the small company gets £150 and five others get £10.

 

I kind of understand the snowballing idea but we have 16!!! creditors with cccs totalling 35k. The ccj i presently have got in by default. We didnt receive the initial court papers so didnt defend, they got judgement for the full amount £1000. They are being paid through cccs at £5 per month but still pursuing and have gone for a charging order and wouldnt surprise me if they go for a forced sale. Dont know how to stop them!! Why are some people so difficult to deal with. I am not refusing to pay anyone just need a little understanding. Guess i am just a number. Strange thing though is that my bigger creditors are being really quiet and just accepting the reduced payments. I want to admit the payday loans to cccs but been told they will just cancel my dmp then what would i do.

Link to post
Share on other sites

Hi

 

I am very sorry to see the predicament you are in. I will try and distil your post into separate issues that can be dealt with one by one, especially by other CAGers:

 

1. Debt Management Organisations

 

CCCS is a charity but funded entirely by the Credit industry as they state here:

 

CCCS | Corporate | Our supporters

 

As such they would likely not be in the business of encouraging you to challenge the debts. Probably no other Debt Management company would either as they make their money from operating the plan for you.

 

I do not know what would happen if you told CCS about the additional debt. Why do you think they would stop operating your plan? Was this something you signed?

 

Anyway a big part of your post is a query regarding whether, in effect, to manage your own affairs or have it looked after by a third party.

 

Third Party

 

As things now stand you have most of your creditors “under Control” in the sense that they have agreed to reduced payments through cccs. As long as they continue that approach you need not fear from them, but there is no guarantee they would not change their attitude in the future. For the present though you are safe from them as long as you make your payments.

 

By the way can I assume interest and fees are frozen on these accounts?

 

Managing your own affairs

 

I have had quite a lot of experience of managing creditors, though more in a business context than managing my personal creditors and I have found it to be possible, but can be hard work. Only you can decide what to do based on your own abilities but what I would say is that now you are on this site you will get quite a lot of help and support, and it could turn out to be a great learning experience, and if it goes well, a great confidence booster. You got into the situation and you can get out!

 

By the same arguments, it is possible to get setbacks and to lose control.

 

If it was me (BUT WAIT FOR OTHER CAGers ADVICE) I would manage my own affairs and this is what I would do:

 

1. Write to all the creditors and ask for a copy of the agreements. Use the template letter, send a £1 postal order to each creditor and don't sign your requests. After 12 +2 days for every account that has not responded you can put the account in dispute and stop payments until they do comply.

 

2. For those that do reply you can post the replies up here to see what is and is not enforceable.

 

3. In addition, I would also do a SAR on each one, again sending £10 postal orders and not signing the request (all correspondence should be Recorded Delivery and keep all paperwork.)

 

4. Next I would do my own income and expenditure sheet so I know what is available to pay creditors. The priority creditors are:

 

Mortgage

Council Tax

Utilities, food and essential household.

Transport

A small reserve

Everything else

 

I would divide up the “everything else” figure between the creditors, even those that have not complied with the CCA request and be ready with a figure for each creditor should you resume payments. Whilst not paying the creditors BANK the spare money.

 

4. On the subject of banking is your current account with Natwest. If so, open another account with another bank and be ready to move operations to that account. This will prevent them dabbling with your affairs if you challenge them later on.

 

Don't do anything before some other CAGers have come on here to express their views. However, in order to help please make a list of creditors as follows:

 

Creditor: Amount: Loan Type: Start Date: PPI (y/n):

 

Under creditor state if the original creditor still owns/controls the date or if it is with another party such as a debt buyer/DCA

 

By doing this everyone advising you will have a clearer picture of just how enforceable/challengeable your debts are and can put forward suggestions about whether it is worth challenging. In general the older the debts, the more challengeable they are.

2 CCJ and charging order

 

Please describe the loan that has got the CCJ.

How much?

Who?

What for?

Date of Judgement?

Did you defend?

Did it have PPI?

Were their charges?

Was it disputed prior to the CCJ?

All can help to possibly challenge the CCJ.

 

In the mean time apply to the court for a time order stating how much you can afford to pay. The court will make a judgement, probably for the amount you ask for if you do it properly, and provided you stick to that payment the creditor cannot get a charging order. Do that today.

 

3. Natwest Loan and Mortgage

 

The main question here is whether by challenging the loan you jeopardise the mortgage arrangement you have. In my view it shouldn't but that is not an absolute guarantee but here is why I think as I do:

 

a. Sometimes a bank compartmentalises its operations If this is the case with Natwest then the Mortgage guys would not necessarily know about the loan; would not necessarily know about the Credit Card; would not necessarily know about the current account, if you follow.

 

Even if the mortgage guys did know about the loan they are under an obligation to treat mortgage holders fairly and I would think that if you lawfully challenge another part of the bank's operations that challenge should not give them an excuse or right to put you under pressure. They have agreed to an over payment plan and they should be lucky you are not defaulting and be grateful your mortgage is under some sort of control. (but wait for other CAGers to post on this.)

 

4. Self managed DMP or IVA

 

I personally don't warm to an IVA. A big amount of the money you pay to the IVA practitioner goes to his fees. I would rather keep the money and manage the creditors myself. With help, good advice (and good fortune) you could end up paying a lot less, though by undertaking this yourself you are opening yourself up to a lot of potential stress.

 

5. Mackenzie Hall CCJ threat

 

This could be a simple threatomatic system letter. I bet it says things like we could apply for a CCJ, we may make you bankrupt, we are looking at sending a doorstep caller etc. It does not follow they will follow through. Your options at present are ignore it and wait for the next threatomatic or challenge them with the CCA letter and £1 PO (sent recorded and no signature). Given this is a recent loan it is likely the paperwork is available/correct but it gives you a bit of time to line up your ducks. In due course you can then make them your offer. Stick to it and if they go to court and get a CCJ the judge will likely impose your offer and give them a b*******g for bringing it to court.

6. Dealing with hubby

If you decide to manage affairs yourself you should really be in this together. Discuss your options, including how it effects you as individuals and your marriage, and decide if you can support each other enough to take on a fight from outside. Work out who does what the best and agree courses of action including who will do what.

 

Money worries can break up marriages but I would not let the crappy banks and lenders do that to me. I would try and turn the situation into a “marriage bonding operation”, us versus them, no matter what! Currently your affairs will take approximately 15 years to resolve. By discussing them now and agreeing a common way forward, including behaviour towards one another, you could considerably shorten your household enslavement to the banks, and that is worth re-affirming your marriage for and will help to remind yourselves why you are together. Draw a line under what happened before and how you got here. The fault does not matter. Your new life together starts today!

I suggest you wait for some more advice to come on here from other CAGers which I am sure will be positive. If it looks good and when you are ready get hubby to read the posts, don't hide the payday loans from him as this only adds to the stress, and see if you want to work together to get on top of your situation.

 

Good luck

Link to post
Share on other sites

Hi

 

Looking at your level of debt and surplus, you would be eligible for an IVA. Not all companies charge upfront fees, so you would not lose anything by trying for the IVA, and if your creditors do not accept your proposal, you could enter into another DMP.

In the IVA, if you have over £5K equity, you would need to remortgage in the fourth year to pay in 85% loan to value of your share of the equity, but your property will be safe.

There are companies such as Payplan and Debt Free Direct who are recommendable.

Link to post
Share on other sites

Don't let CCCS know that you are going to mount a challenge to the original CCJ, we can help you with that, if you didn't receive the paperwork and didn't defend the original case then you can now.

 

It is highly unlikely given the extent of your other debtors that the courts would allow the charging order to be forced - in fact we can help get the charging order and original ccj overturned so let us know the details of that and the experts can then jump in...

 

CCCS cancelling your DMP isn't the end of the world, it would buy you some time to CCA people and find out the true cost of your debts and find out how enforceable they are via the courts - CCCS are actually paid by some of these companies so have a vested interest in raking in the money for them.

 

We can help you sort out the priority debts from non priority, priority at the moment should be

 

mortgage or rent

council tax

electricity, gas, water rates

TV licence

 

anything after that should be listed by amount and company, if you could pm me the list I might be able to give more advice....

Link to post
Share on other sites

Don't let CCCS know that you are going to mount a challenge to the original CCJ, we can help you with that, if you didn't receive the paperwork and didn't defend the original case then you can now.

 

It is highly unlikely given the extent of your other debtors that the courts would allow the charging order to be forced - in fact we can help get the charging order and original ccj overturned so let us know the details of that and the experts can then jump in...

 

CCCS cancelling your DMP isn't the end of the world, it would buy you some time to CCA people and find out the true cost of your debts and find out how enforceable they are via the courts - CCCS are actually paid by some of these companies so have a vested interest in raking in the money for them.

 

 

 

We can help you sort out the priority debts from non priority, priority at the moment should be

 

mortgage or rent

council tax

electricity, gas, water rates

TV licence

 

anything after that should be listed by amount and company, if you could pm me the list I might be able to give more advice....

 

Really appreciate the help. Am going to look at this all tomorrow evening again and am sure i am going to need a lot of help as its all greek to me at the moment.

Will post again as soon as i have details to hand

Thank you

Link to post
Share on other sites

  • 2 years later...

Hi all, and a happy new year !

 

I have been on a DMP for the last 4 years with CCCS but have decided that I want more control

and think the way forward is a self managed DMP.

 

CCCS lightened the load initially but haven't helped at all

 

when 2 of my creditors got ccj's against me!

 

How do I even begin this process?

Link to post
Share on other sites

Hi,

We did exactly the same thing in October last year,

we were concerned that CCCS were not actually acting in our best interests and had made a couple of mistakes it turned out.

 

It was very daunting to begin with but with some good advice from this site we are taking control and getting there.

 

Contact all your creditors and tell them what you are doing we found that most were very helpful and we even got a months breathing space from a couple to help us get sorted!

 

You will no doubt get some very good advice on hear from some very informed people - best of luck!

Link to post
Share on other sites

also cca all you creditors first before paying

 

and check your cra file

 

look for reclaims too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I don't understand about cca, sorry to

sound thick but could you explain please. Also, 2 of the creditors have ccj's and court ordered paymentsin place. Do I pay them direct whilst I am sorting everything out?

Link to post
Share on other sites

there is a debt blog below in my sig

 

read that.

 

prob better to list your debts here too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you so much, this is really daunting but I am determined to stop living in fear because that isnt living! Also have signed up to noodle, didnt even know it existed so thank you again. x

Link to post
Share on other sites

Dx

- Have read what it says about the cca requests.

 

Do I send these before offering payment.

 

Will it not get their backs up and stop them from agreeing a DMP?

 

Should I send a token payment whilst I am sorting things?

 

Also, the 2 creditors with ccj's against me,

I take it I should send their court agreed payments as usual.

 

I have stopped my dd to cccs which was due out today mostly because i couldnt afford it

but am determined to sort this mess out once and for all.

 

Sorry to sound thick but not sure what goes first.

 

what am I looking for if they send agreements back?

Thanks x

Link to post
Share on other sites

yes send then before payment

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

can you list your debts with dates etc please

 

and also the details on the two CCJ's.

 

and who got them against you

what the debt Org were & with whom.

 

once you've got that cra file

check they all show too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...