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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Dmp plan do i or dont i


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Hi,i,m new to this site and have been reading alot of the posts,

 

here is my situation

 

i currently have over £23,000 in credit card debt acumilated over 10 years,

 

i have contacted cccs about the situation as i am finding it hard to keep up repayments.

 

i have managed to get citi card to stop interest and have been on that for a few years,

 

barclaycard have reduced interest,

 

m+s card had froze interest for 12 mnths but now refuse to and they want me to increase my payment as they say it is not right that i am paying more to other credit cards than to them.

 

my other cards have refused to stop interest or accept smaller payments,

 

i have sent them all the usual template letters but with no luck from that.

 

The cccs have sent me the paperwork for a dmp plan which i have currently next to me filled out ready to be posted but now i am unsure what to do,

 

it is wearing me down each month having to deal with all these creditors individually and with no good outcome from them,

 

citi card have been really good and are happy to keep on the plan,i have included them on my dmp as they needed all my outgoings etc,

 

do i go on this plan so as just to have the one payment which is more affordable or keep trying with other creditors of which i have been for the last 6-8 months which now seems like i,m getting nowhere.

 

I am also with nationwide who have given me no help whatso ever,they have had over 3000 in bank charges from me for which i had my case in the courts and then that got thrown out,i have £120 of charges last month for returned dd and to top this off they reduced my overdraft which i was basically living off from £1800 down to £700,

 

my wife is currently out of work and looking for a job but this seems not to matter towards my hardship as far as the companies are concerned,

 

so do i go on the plan,has anyone else gone on the plan and are they still getting hasseled by creditors,

 

 

your advice would be much appreciated,many thanks

 

richard

Edited by dx100uk
clarity
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Hi Richard

 

Welcome to CAG.

 

I am not an expert, just a simple soul fighting a similar battle with the great support of CAG.

 

There is nothing to lose in holding off from the CCS DMP until the status of all the alleged debts is clear in your own mind.

 

What is the status, history and amounts of them all?

 

Which might you want to challenge because of PPI, penalty charges or failure to provide a true CCA?

 

How much can you realistically afford to pay each month based on a realistic I&E?

 

If you take the lot as it stands to CCS then there is no guarantee that all creditors will freeze interest and charges and CCS will expect pro-rata payments of at least £100 per month in total. people have different experiences of CCS DMPs - read the threads on CAG

 

I should do the preliminary list first and clear your mind.

 

You might then go to CAB for advice.

 

Once the situation is clearer, you can post again here and you'll get support.

 

Best wishes

 

vic

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Hi vic and thanks for reply,list as follows

Barclaycard visa £3,864 currently paying £85 mth reduced interest

Barclaycard mastercard £4342 £85 mth reduced interest

Citi card £2300 £60 mth no interest

m+s £3680 £50 mth but now want more money and have started charging interest again

post office £2256 £60 mth currently 3 mths behind on payments

rbs £1878 £57 mth 2mths behind

natwest £2243 £58 mth 3mths behind

asda,tesco virgin cards, balance of £1500 £60 mth

i did not have p.p.i with any of them,cccs have worked out payment to be £398 mth,when you say about provide cca do you mean check enforcement of agreement ?

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yep i'd fire a cca of to everyone.

 

and these charges...

 

all CC charges/fees and loan charges/ppi can be reclaimed

 

as for I/E sheet

 

never tell anyone your pers financial details

the only person that can demand that is a judge

hence the troble with M+S!!

 

take control....its YOUR money not theirs!

 

you decide what they get not THEM.

 

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... 

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yep look in the library tab top left

 

catalogues are the same

 

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... 

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DMP's are easily done by yourself. You do need a VERY clear of your position, what you owe, how much and to whom as well as an honest and accurate I/E sheet. I don't know if the I/E sheet here works out prorata payments automatically for you or not? If not, I can send you one that will.

 

Are all your debts still with the original creditor? If so fine, if in doubt, send a prove it letter to them and make sure it has a correct Deed of Assignment. I'd also be inclined to say you'll only communicate via letter from now on - they won't like this, but it is your right!

 

Once you've done this, repost and we'll take it from there.

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per i'd not give any detailed info about pers finance

 

very very basic stuff to creditors only

 

 

only a judge can order detailed info.

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... 

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Hi Richard

 

I&E is a difficult one because, although they have no 'right to it', they won't agree a DMP or token payments without one.

 

I have supplied I&E based on a National Debtline template to OCs only (i.e. not to DCAs). I refuse to supply any supporting documentation or to fill in their intrusive I&Es.

 

I am careful about how I sign things. A scanned signature that is slightly different or signed in red (difficult to photocopy) and that overlaps printed text. I'm sure you get the drift.

 

This is just practical advice based on recent experience; if an alleged debt is in dispute because, e.g. failure to provide a CCA, then different tactics may be more appropriate.

 

best wishes

 

vic

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I have found IE sheets proving extreme hardship a very useful and powerful negotiating tool. Just this morning a company wrote off a £2500 debt because of my financial circumstances. I would say it depends what is on it as to whether or not it is good to use it.

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slightly going off point now but i bank with nationwide and have incurred alot of bank charges with them went through the courts etc but then lost due to the courts outcome,but was on the nationwide banking website and was looking at account charges it is saying that returned dd inncurr a £15 charge,the charges are correct as of the 1st nov 2010,well only last month i was charged £30 for returned dd as was all my original charges.what i am wondering is have they just reduced there charges rates and if so surely this should open up the case again as if they feel £15 is a fair charge now then surely i can have the £15 extra that i paid them for previous charges which had totaled over £3000 over the years with them.does anyone know have they just changed there charges or has it been this amount for some time because if so i want a rebate .

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