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    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
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    • nope  and  neither dx
    • Ok Thank you DX will do just that . will keep you up dated.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Little old me V HSBC - Claim form now received


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Oh i will look into the ppi now! at least 6yrs of charges there for me to look at...

 

What you really need is all your statements from the start of the account. You can get from HSBC by either phoning HSBC themselves or going into a branch and ask for them to be send to you. They will charge £10 (this is the max allowed fee!) but it is worth that many times over!! They will send them to you within 7 days and you will be able to work out what you can claim back. The beauty of the PPI is the fact that it can make claiming back charges much easier.

 

If you making a SAR you will not be getting the statements (it is not personal data!), the data is hidden in trillion computer pages.

 

You WILL HAVE to do it, do not hope for these problems to go away, they will only get smaller if you act! If you get these statements, I will be able to help you with the calculations and the claim but you have to get them!

 

Just to give you an idea:

My AQUA card balance was app. £1400 with PPI that I didn't applied for.

If I get back what I have calculated then the balance will be app £450.

 

My Barclaycard balace was £570, getting the amount claimed back, it will be £60, I am also claiming back mis-sold ID Theft Protection, then the balance will be in credit by app £180.

 

My CrapOne Card is about £191, they will have to pay ME now app £350.

 

I will keep going at them seeing that I used what the FOS recommended and if they fail, then it is off to the FOS, with an additional £200-300 for me!

 

Furthermore, it is making the amount on the DN inaccurate, one more point to get it removed.

 

Do you owe Paypal money? If I were you, I simply would not pay them, they are utter FILTH! But it is up to you.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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paypal mastercard, but taken over by santander now, will be looking at payplan to sort out that one and my barclaycard too long with my head in the sand and juggling finances i cant afford!!!!

 

A mastercard is a different story. Won't Payplan not dela with HSBC and MBNA as well, even now?

 

If you want to get the maximum amount back then you will need your statements.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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i think someone has mentioned that it's too late to go to payplan with hsbc and mbna at this stage? but can anyone correct me if thats wrong? looked cccs ages ago but they wanted me to pay more than i could afford(great help they were, insisted it had to be joint names when it was only me in debt...)

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i think someone has mentioned that it's too late to go to payplan with hsbc and mbna at this stage? but can anyone correct me if thats wrong? looked cccs ages ago but they wanted me to pay more than i could afford(great help they were, insisted it had to be joint names when it was only me in debt...)

 

You can still make payments arrangements even when a creditor has issued court proceedings and I can't see no reason why a third party (like Payplan) won't be able to do that, they are certainly doing that even after you received a CCJ, here is an extract from their web site:

 

"Can I enter into a DMP if I already have a CCJ?

CCJs don't prevent you entering into a DMP; Payplan will help you make the payments to creditors who have issued you with a CCJ. You will be required to provide details of your CCJ during your financial assessment. CCJ payments will be given priority when Payplan distribute your payments monthly."

 

I would strongly suggest you give them a call. It certainly would be a big relief if they handle these 2 companies!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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i think someone has mentioned that it's too late to go to payplan with hsbc and mbna at this stage? but can anyone correct me if thats wrong? looked cccs ages ago but they wanted me to pay more than i could afford(great help they were, insisted it had to be joint names when it was only me in debt...)

 

Hi Bilious, I thought it was me and checked back, yep I said it :redface:I should have added the reasoning behind my comment which basically is that your creditors have had the expense of starting court action, it is possible they could push on regardless... depends on how your asset situation is I suppose

 

So it would never hurt to try but done count on them expecting is really the comment I should have put on the original message. Sorry!

 

S.

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Hi Bilious,

Just so no one misses the point in the discussion - have you sent the Acknowledgment of Service to the Court or acknowledged service online?

You also need to ask HSBC (or more accurately DG Solicitors) using the CPR 31.14 rule for a copy of both the credit card agreement and the Statutory Default Notice that are mentioned in the Particulars of Claim. Look at the stickies regarding sending these letters.

I would be very interested if HSBC actually produced a signed copy of a valid credit agreement. To date, I have yet to see one from HSBC and I am wondering if they ever actually bothered with credit agreements when issuing credit cards.

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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thanks doc and all but time is running down for me now have been away to see my mum who's ill? so not sure if i'm going to have enough time to post em off for the tenth unless i can do it online?And i did send them a cpr letter ages ago which they completely ignored then they went ahead and put claim form in..

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Don't worry about the lack of a response from HSBC just yet. Have you acknowledged receipt of the claim form? You can do so online if the claim was issued by Northampton County Court.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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yes it was northampton but if i'm acknowledging that i do owe the money (which i'm not as yet..) need to phone a set of solicitors tomorrow on no win no fee etc can i still do that online? obviously i'd need to fill in my payment offer to them so can that be done as well?

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Still unsure as to what to do, and really do feel the more i read the more i have no chance of winning this! Especially even though the dn notice is invalid and the termination by asking for the full amount its a dj lottery really and they seem to always favour the banks do they not!

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