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    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.  The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.  There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  So I implemented a Standing Order to this effect.  Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   So in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.  So I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.  So thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.  As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!   I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
    • Hi not sure if I'm posting in the right place here so apologies if I'm not. I don't know if anyone can help but basically my mum has been living in her house since 1997 and there is a piece of land that she has used and looked after since moving in there.she was a tenant in the house until she bought it around 5 years ago. She has recently tried to claim the land through the land registry (possessor title I think) however she had something back from them saying her landlord from when she was renting would be allowed to claim the title for the land or she would have to start her 12 years wait again from.when she purchased the property. Is there anyone that can give some.advice on this as I don't see why her previous landlord could.claim the land when they weren't the ones looking after it. Any advice is appreciated. Thankyou
    • Northampton has lost a host of major retailers, but independent traders say it has a bright future.View the full article
    • I think the most important thing here is to establish a paper trail. You have the right to return it within 14 days for any reason – the cooling off period. Also if there is a defect which manifests itself within the first 30 days then you have a right to reject the computer for that defect. I suggest that you write letter immediately – email – send it to them and make it clear that you are invoking the cooling off period and that despite your best efforts you have been unable to obtain an address from them and in fact you have found that both their staff and the systems are obstructive to your application of your consumer rights. Send a second email (they aren't normally able to understand one point per email – they get confused) and tell them that you are invoking your right to reject under the consumer rights act because of a defect and you want to know what arrangements they are making to collect the computer. Send both of these letters today. I suggest that the cooling off period one you also sent by recorded delivery post tomorrow but make sure it bears today's date. In terms of the defect, I suggest that you start going to the setup process again if you can and take a photograph of each screen so that you are able to demonstrate the defect. If Dell tries to shirk their consumer obligations then you will have evidence that there was a defect and after that we will help you through the next step.
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Lewis gfroup / Howard Cohen letter


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I am being pursued for a debt £348 a burton card. I am in a IVA and this debt was not included in IVA. I have offered £10 a month when lewis called me and they said they need a I/E form to be filled in. This I refused and said if they are refusing my payment then take me to court. I have now recieved a letter (5 days later) from Howard Cohen threatenning legal action etc usual crap. Has any one had dealings with these? I am happy to pay £10 a month.

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Hi and welcome

 

You do not have to provide an I/E if £10 is what you can afford, write and tell them you have reviewed your financial situation and are able to offer £10 and no more.

 

How old is this debt and do you know what it is made up of?

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Thanks it is a burton card and is not statute barred as it is from 18 months ago. I have not asked them for the cca though. Do you know much about these people? I am very astute with DCA ets but not had dealings with these. I will write to them with my offer and give them my IVA Ref number to confirm my IVA is current.

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they like the court route, so send a cca now, also cohen does not play by the rules, see the legal forum under cl finance or howard cohen

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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