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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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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.
      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.

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Debts over 40k, Cant go bankrupt. What do we do?


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Thanks PGH

 

My cre dit file has templates to send out, I will take a look and see if there is one for that.

 

I have basically provided my name and address and date of birth.

 

Informed them my father and me have the same name and initials and they have linked me incorrectly. I have requested they provide ny informtion they hold about me under the freedom of information act. I also provided the addresses they have used and linked to me informing them this information is incorrect.

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There has been a new plan.

 

To pay all my debts off we are moving out of our rented property and moving in to my mother in laws house.

 

We will have approx £1500 pcm to be able to pay off debts. We are aiming to have the large majority paid off within 12 months to be able to get a mortgage.

 

We are stuck in a vicious trap of debt and no credit, the CCJ just prevents any mortgage lenders accepting us without a minumum of 30% deposit up front.

 

Do you guys know the best way to handle companies and getting them to agree a lower amount? Does cold hard immediate cash do it?

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Pengy,

 

Great to hear you've got a plan together. Was going to pm you to say help is on its way on Weds. - will still let them have a look.

 

Are you looking to agree Full and Final Settlements. If you are, make sure you agree it with the creditor that owns the debt. Before you hand over a penny get in writing from them that this is in Full and Final settlement of xxxxx debt and that any remaining balance will be written off and not able to be sold to any third party for further collection. Also make sure that the debt will be marked as settled on your credit file, not partially settled or any of the other tricks they try.

 

Hard cash definitely helps. Offer a little and negotiate up. Any left over can go towards the deposit for your mortgage.

 

Finally, give your mum in law a BIG BIG hug! She's done you a big favour there!

 

Good news, well done.

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Morning Pengy :-),

Tingy pointed me to your most interesting thread, I can see it's moved on rapidly in the last day!

 

It's a wise decision to move in with your MIL, but you need to plan your strategy very carefully. Every creditor will want the most they can get out of you, regardless of the others, so obviously what we don't want is for them to each take a lump of the £1500 a month for 12 months then revert to demanding money each month.

 

Low Full and Final Settlements are far easier to negotiate on accounts with poor or no paperwork.

As you've sent off your CCA requests you'll need to tailor the offer to each depending on what they respond with.

Bear in mind that, where debts have been sold on, the DCA will only have paid around 10% of the amount owed.

Where there is a likelihood of a debt including missold Payment Protection Insurance or penalty charges (overlimit or late payment fees on credit cards) then this should be investigated and taken into account with your offer. Indeed they could owe you/your wife more than the balance they're claiming.

 

 

 

Please don't rush into this, F&F's can be tricky.

  • They must be worded in a watertight way to ensure they are legally "estopped" from claiming the balance at a later date.
  • Ideally they should include a clause that your credit file is marked as "fully satisfied".
  • Payment should ideally be made via a third party, which makes the transaction more legally binding.
  • All negotiations should be in writing and sent by recorded delivery. The resulting agreement should be clearly marked as a Full and Final offer.

Looking at your list of debts, the obvious starting point is the overdraft, as it's the one that isn't fully covered by the CCA, and the refund of bank charges issue is a mess at the moment.

What's the exact position with the OD at the moment..I see BC is involved. What's he threatening?

 

Littlewoods - bless em...I sent them a CCA for the CC and Catalogue for my neice 2 years ago. Never heard a thing since..no threats, no statements, nothing. 4 years to Statute Barred :-)

 

This is just my opinion, but if you want to keep the offers low, nothing makes them more eager than stopping paying them on the basis of a genuine dispute. Hence, let's take these debts one at a time, see what each comes back with, and decide on that basis.

 

Obviously don't pass on your MIL's phone number when you move. Everything must be in writing, and your wife will be relieved of the stress of the constant phone calls.

 

You are doing great, just take your time in deciding how to deal with each one - they can be so devious, so run anything past us first.

When it comes to drafting an F&F template, I have a legal friend on here who will be happy to advise :-)

 

All the very best,

 

Elsa x

Edited by Undercover-Elsa
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Further thoughts..

You may well have done this already, but if not, while you're waiting for the responses, invest in a ring binder file for each account. Organise the letters already received and a copy of letters sent in chronological order. I also use plastic folders for the loose stuff, recorded delivery receipts etc.

At the start of each file put a couple of sheets of A4 card and use these to keep a diary, make notes etc.

That way it's easy to keep track and plan the next stage.

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Good advice from Tingy there - as always ;)

 

I'm not sure if anyone else m,entioned this above, but when you get the quarterly or annual DMP reviews, I suggest she doesn't speak to them on the phone but puts everything in writign and request - in writing - that you only want to be written to. This WILL take a lot of the distress out of the situation (although getting the threat-o-grams is not pleasant, it IS better than the bullying, high pressure phone calls).

 

Also as Tingy suggests, keep paying them SOMETHING, even if a tpklenm payment as this does make it harder for them.

 

Have you considered the CCCS at all? Ipersonally came off my CCCS DMP because I left the country for a while and needed to sell my house, which the CCCS were eyeing up for the creditors. Otherwise, we were okay with them for the most part and THEY correspond to the DCAs and creditors for you. Also it will have no impact on your wife's employment situation as no one will ever know or ever find out. There is no record of CCCS involvement.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Further thoughts..

You may well have done this already, but if not, while you're waiting for the responses, invest in a ring binder file for each account. Organise the letters already received and a copy of letters sent in chronological order. I also use plastic folders for the loose stuff, recorded delivery receipts etc.

At the start of each file put a couple of sheets of A4 card and use these to keep a diary, make notes etc.

That way it's easy to keep track and plan the next stage.

 

Thanks Elsa for the Great advice.

 

Currently I have just stepped in to handle all calls. I don't mind talking to them as I won't take no pressure. I apply pressure I always take calls armed.

 

All corrospondence via ph one calls has stopped, It has only been capquest who recently got in touch. Thats when I tool over entirely.

 

 

 

My wife has always and still does organise all contact letters and amounts, She has a good method (she used to be an admin manager for a few high street companies) she has spreadsheets with all contact times, Copies of all the Expense sheets we send to all companies and all receipts and recorded postage stuff all with the relevant companies own folders etc (including PC documents to correspond)

Edited by pengy666
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Good advice from Tingy there - as always ;)

 

I'm not sure if anyone else m,entioned this above, but when you get the quarterly or annual DMP reviews, I suggest she doesn't speak to them on the phone but puts everything in writign and request - in writing - that you only want to be written to. This WILL take a lot of the distress out of the situation (although getting the threat-o-grams is not pleasant, it IS better than the bullying, high pressure phone calls).

 

Also as Tingy suggests, keep paying them SOMETHING, even if a tpklenm payment as this does make it harder for them.

 

Have you considered the CCCS at all? Ipersonally came off my CCCS DMP because I left the country for a while and needed to sell my house, which the CCCS were eyeing up for the creditors. Otherwise, we were okay with them for the most part and THEY correspond to the DCAs and creditors for you. Also it will have no impact on your wife's employment situation as no one will ever know or ever find out. There is no record of CCCS involvement.

 

Sorry, should have said in OP. We have tried various options of Debt managment and advice including payplan. These types of managment companis are the reason we owe so much. We originally owed £13K. We contacted Eurodebt and they told us "max your cards, They won't get it back so make the most of it!" What a mistake. They completely ruined us. Managed to gain us a CC J!

 

No one can help reallly all recommend Bankruptcy, When told its not an option they then suggest IVA's.

 

We have not got enough Capital to do IVA's, or time. The major part in moving out of our house is we physically can't afford to pay debts and our rent. With rent increase due in february.

 

We have been paying then for nearly 7 years now. Enough is enough. Only real way to get any headway and be able to come out of it and have the oppurtunity to look at mortgage's is to pay them and have account settled.

Edited by pengy666
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Ok

 

So once I have received contact regarding C CA's, I can then look to find final settlements?

 

We are starting with the smallest and paying them off. Some can be paid the first month we have free capital. Some will take 2-3 months to pay. I intend in asking all creditors to reduce final figures, Which of course I will turn down and offer a ridiculous amount in the intention of them accepting if I paid immediatly. My ammunition will be accept or I will go to the next creditor and put them to back of queue. I think you know what I mean? Basically give them option to accept a figure or carry on receiving £1 and maybe another 12-24 months before I can offer any money again?

 

Now surely they would be stupid to not want to take something from me?

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I received a small compliments slip from Newman De bt collection Agency. (the HS BC over draft, This could be a loan that we are paying via a court judgment!)

 

It enclosed my Postal order and hand written on slip

 

"Please be advised that we have passed your request to our client.

 

Please find enclosed postal order

 

Thank you"

 

does this mean they don't own the debt and is un-enforcable by that company? Should they give me my money back they have been receiving, or provide information on my account and where my money has gone?

Edited by pengy666
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I received a small compliments slip from Newman Debt collection Agency. (the HS BC over draft)

 

It enclosed my Postal order and hand written on slip

 

"Please be advised that we have passed your request to our client.

 

Please find enclosed postal order

 

Thank you"

 

does this mean they don't own the debt and is un-enforcable by that company? Should they give me my money back they have been receiving, or provide information on my account and where my money has gone?

 

I would imagine that this means they have an equitable assignment not an absolute assignment, so they have the right to try and collect the debt from you, but no duties or ownership of the debt. From what they say it appears the OC still own the debt. You need to find out now if monies paid to Newman have been passed on to offset your debt. In this case it's always best to pay the OC direct - often they refuse money as they've assigned the debt to the DCA to collect, but usually there is an on line payment facility where you can pay.

 

The overdraft is an unfortunate one to come back first as it's debateable whether or not an overdraft is covered by the CCA.

 

It does not mean the debt is unenforceable - sorry!

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Ok, Now as I havent been dealing from the beggining I spoke to wife. Court judgement is for overdraft. the newman one is from same bank for a loan.

 

I thought they were trying to collect same thing twice.

 

This is my second largest debt, nearly 9k

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Hi Pengy,

As the Overdraft is subject to a CCJ, I'd be inclined to sort this out first. It can be tricky arranging F&F's on a CCJ, so needs to be done verrrry carefully and correctly. I can get someone to help you with that.

I'd then prioritise depending on responses to CCA Requests..ie pay those with enforceable agreements first, rather than prioritising based on amount owed.

Your call though... :-)

 

Elsa x

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Hi Pengy,

As the Overdraft is subject to a CCJ, I'd be inclined to sort this out first. It can be tricky arranging F&F's on a CCJ, so needs to be done verrrry carefully and correctly. I can get someone to help you with that.

I'd then prioritise depending on responses to CCA Requests..ie pay those with enforceable agreements first, rather than prioritising based on amount owed.

Your call though... :-)

 

Elsa x

 

I agree with everything Elsa Says :)

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LOL, I hope you'll be able float back when the time comes, to help word an F&F letter which takes account of a CCJ?:-)

Am I right in thinking it's done by direct negotiation with the creditor initially, with a clause that they mark the CCJ as satisfied with a certain time from recept of funds?

 

Elsa x

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It's pretty identical to the CCJ although you need to seek clarification from the judgment creditor that the debt has been settled so that you can make an application to the court for a certificate of satisfaction :)

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Tingy, overdrafts are not covered by the CCA(regardless of what others tell you, they are not). I discovered this at great cost in my HSBC battle. They are running credit and can be recalled whenever the bank likes.

 

Pengy, are you saying you have the capital available to make F&Fs on debt of £40K? In my experience (and only in my experience) creditors and their threat monkey DCAs only seriously look at F&Fs of 50% and higher. I know that a chorus of voices will shout that they got F&Fs agreed for a thruppeny bit and half a bob, but I never managed it. Take for instance my £6500 with Egg. C-rapQuest were managing this and I was paying a very low repayment as it was ex-CCCS. They still wanted 75% F&F and simply would not budge, even when i offerdd them 50% it was still refused.

 

I mention this so you don't set your heart too much on resolving matters this way.

 

Also, don't forget to investigate if there was any PPI sold on the credit cards and loans. 10 bucks and my left nut says that with £40K of debt there WILL be some juicy PPI claims waiting for you somewhere :)

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Tingy, overdrafts are not covered by the CCA(regardless of what others tell you, they are not). I discovered this at great cost in my HSBC battle. They are running credit and can be recalled whenever the bank likes.

 

Hey there, current account overdrafts are regulated. They are exempt from part V of the Act, which covers the form and content of agreements - which means that you don't have to sign the same sort of credit agreement as a credit card or a loan.

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Hey there, current account overdrafts are regulated. They are exempt from part V of the Act, which covers the form and content of agreements - which means that you don't have to sign the same sort of credit agreement as a credit card or a loan.

 

I'm not having a pop at you sequenci, but what irritates me is that I read posts persuading me that banks have to evidence thwir opt out under Part V and unless they do so ODs are regulated by the CCA. But, in truth, that means Diddly Sqwat. In capitals. And thats because banks do what they jolly well like and won't ever send proof of their compliance and therefore over drafts are not regulated by the CCA and there is none of the (so-called) protection of the CCA to overdraft customers.

 

I've been through all of this in my dispute with HSBC and can assure anyone willing to give it a try that it is a waste of time, printer ink and paper arguing any differently.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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If you could put together a little guide on what to do about settling the CCJ that would be great.

 

I expected to pay a minimum of 50%. Of course I will offer way below 50% to at least try my luck. you never know.

 

Its great to have so much advice. This has been way more helpful than any of the goverment regulated companies that ry to offer me loans to pay it!

 

Currently reading Seq's blog now

 

:D

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