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    • Thank you for your advice so far, I appreciate it. However, while I don't have a problem with (subjective) reformatting of my posts, adding hyperlinks to keywords, etc., please can you stop editing the content of what I write - in this case, making sure this now potentially appears prominently for anyone searching the purchasing dealer on search engines? It is putting words in my mouth and is just rude. My earlier comments are based on what the dealer told me. Had I known what would have happened, should I have named them, I wouldn't have, as I cannot guarantee the veracity of the claim with my own eyes.    I am aware of the basic intricacies of needing to prove law, and how it works in general, and having to prove loss, etc. The only legal recourse mentioned was if I needed to pay for it myself - and if I need to go that way, I will keep a running update here to help others. I am aware I will have to pay for the repair myself before I go down any legal recourse. There are other aspects of the various acts that can also be explored if it appears they are not following their obligations, other than me paying and claiming back. I am not a lawyer, nor have I needed to understand that the legislation does this depth in the past - hence my asking for assistance here. The only reason I mentioned it in passing is that it is the last resort.   And again, I don't mean to sound ungrateful for the advice given thus far, and appreciate it, and you have already helped. I feel like we have gone straight to level 11.   My current view of this is: It's closer to £9k, having looked at it again today. You may be able to drop £9k at the drop of a hat - but I can't, especially around an already expensive time of the year. And I earn enough to put me in the smaller percentage of the county’s earners. I hated having to type that as it can come across as boasting, but I did it to explain that having that much liquid cash is unrealistic - especially with interest rates what they are. I would have to sell equity, cash out saving etc. This will take time. The only card I have with enough credit limit to cover that much is my company one, which is a no-go. I agree this is taking too long for a simple, albeit expensive fault. It's analogous to fixing a crack in a windscreen. No one would call for an engineer report on that situation to know what the cause and solution was The core driver for me arriving here asking for advice is the additional delay their potential cowboy of an engineering company will introduce. A view reinforced having spoken to them to arrange a date. I am not putting any more exact details or prices at this stage, because I don't want to be any more identified than you already have by changing the thread title. One Google and those with knowledge know exactly who I am, and I don't want to potentially damage relations with the parties on my side by opening a potential can of worms. Law of unintended consequences and all that. In hindsight, I regret naming anyone yet, as this can still realistically be resolved this week. I just wanted to initially come for education and understand my options. Hope for the best, plan for the worst. And to escalate if plan A or B didn't work.   To answer:     I think I have. I phoned them today again, asserting the complaint was raised as a rejection under section 75 and recorded the call. I plan to follow this up tonight in an email with all the magic incantations and keywords I seem to have to include. However, I would still appreciate it being proofread if I could send it to someone via a PM. This is not because I have left any details out, it is just that it will include details around the repair I do not want to put in the public domain at this time, as it may compromise my position.
    • Hobnail please don't take offence . DX covers so many different threads throughout the Forum so tends to be quite short in more ways than one. And while he may have been away from school when public relations were on the curriculum he is right when he said that you do need to understand how these crooks operate to be able to able to beat them in Court. All of us here want our members to win against the parking companies  and the best way is to see how others have handled similar situations. I expect he knows that you may not have looked at many threads on here to give you ideas to better your chances of winning.   You may have heard of the expression "Judge Lottery" on here where some judge comes up with an off the wall decision that virtually no other judge has come up with. So even where you have almost a cast iron case it can all go awry and the way to help circumvent these judges is to have sufficient knowledge and understanding to be able to counter his or her judgement.   I happen to think that no one should lose their case on airport land since the roads  are usually covered by the Road Traffic Act and /or Bye Laws since the land is not relevant land under PoFA. But it is surely better to be over qualified in your knowledge of your case rather than being under prepared. You never know until it is too late when you needed to be over qualified. We all hate it here when one of our members don't win their case so DX in his own sweet way🙂  is just making sure that you have the best possible chance of walking away a winner.   PS I had started to write this before Dx wrote his post just now.  
    • this thread is rather co-incidental to yours - same players same amount.     looks like prac/bw might have looked at credit files to see who also lived there at the time, whom sadly they think be responsible too.   you say like the above thread, EON refunded the £89 earlier as an over payment payment? how strange, and after you moved out now claim its owed.   you are correct in saying you owe nowt, its after you moved out....ruddy fleecers.   as that other thread too, does the PRAC letter state our client EON at the top?        
    • you indicated you had collected stuff from lowells sent your old address? that is what we are interest in?   what is in the vanquis GDPR return (SAR) is pretty much immaterial now as you've not mentioned or referred to any of it in your WS.
    • nope, i will use any tool in my book to make sure you get things right. we give vague answers because it's oneway to make people research and investigate by searching here on CAG .   i've lost count of the times here various CAG members have also asked you to research and read up.   its not done to annoy, it's not done to belittle, it's done because simon is a very very slippery customer and WILL exploit the slightest error.   you are now fast approaching the most important stage - witness statement exchange and unless that's done in a way that naisl him SHUT, she will have a very difficult time understanding and explaining everything infront of and to a judge. You can't be there, only she can and if you don't 1000% understand what is being put and done, how are you going to pass that understanding on?   me and other members can help you all we can and will to the dying end, but if it doesn't sink in...i dread to think of her chances....   dx          
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SD help needed URGENTLY - Facing Bankrupcy proceedings


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Hi I need urgent assistance if possible.

Town&Country aka Gamma Finance took over a loan debt that I could no longer afford to repay. I was in verbal contact with them October 2010 when I agreed a repayment plan £40 a month. I paid in November but due to illness missed Decembers payment. I contacted them in the new year Jan / Feb via e-mail to inform them that I would need to reduce this to £20 because of financial changes in my employment reducing my wage by £300 a month.

 

I rang them on the 3rd March 2011 to see if they had recieved payment and the person I spoke with confirmed that they had recieved my e-mail and £20 would be okay and reviewed in 3 months time. I made a payment that day.

 

On the same day they produced statutory demand paperwork for the £5,507 I owe them and it was delivered to me on the 11th March 2011. I contacted Town&Country on the 14th March 2011 and said I had received a letter demanding the full amount. They tried to get me to say what I had recieved i.e. SD but I just said a letter. When I said I was in a payment plan for at least 3 months the reply was - ' Weve looked into this and there is equity in your property and we want to secure against it or they will go ahead and make me bankrupt'. I asked how much will I need to pay to stop proceedings and they said £100 a month. I said I couldn't afford that and offered £70 which is the most I could pay. (I am paying off mortgage arrears and arrears on two secure loans on the property also). The representative said he would go and speak to his managers and get back to me later.

 

The next day I had a phone call back and they want me to pay £70 a month, plus the £150 for the SD and put a charge on the property with £300 solicitors costs otherwise they will go ahead and continue with bankrupcy. 'it has to be on our terms'!.

 

My Mrs is furious because she sees it as bully tactics to scare me. I am worried I will lose the house obviously so I need some good advice quickly. Unfortunately everything has been done verbally.

 

If I have no other option but to give in and have the charge put on the property does this involve court or just solicitor paperwork and can they just sell the house from under me by underhand tactics ?

 

Please can someone help ?

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What date was the SD received - you have 18 days in which to deal with this.

 

My first piece of advice would be to stay off the 'phone, you can see above just how muddled everything gets. Insist on everything in writing in future.

 

There is NO COST for the issue of an SD that I am aware of, although it is a legal document, it is actually just downloaded from the internet and served, how did you receive yours, there is a special way to do this, it cannot come by ordinary, unsigned for post.

 

To get a Charging Order they first need to get a County Court Judgement.

 

When did you take out the Loan, have you applied for a copy of your Agreement to make sure it is enforceable?

 

Personally, I would continue to make payments that YOU can afford, but with the answers to the above questions, more help will be available.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I presume it is an unsecured loan.....firstly you MUST set aside the demand, making a repayment plan is not potentially enough to set aside. However I imagine that there are a significant amount of charges (was there any PPI too ?)

 

I would send off for a copy of your agreement by way of a CCA request....also can you post up the particulars of the claim on the demand too ? (but don't be specific with dates.....)

 

How old is the loan ?

 

As has been said above you have 18 days in which to set aside from the date you received the demand....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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I also have to ask did you get this loan through a broker ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Hi there

I'm not an expert at dealing with an SD - but it would appear that a DCA won't go the whole hog of making you Bankrupt as it would cost too much money. They are just trying to scare you into re-submission.

 

Once you've dealt with the SD -- as I said I can't help you with that one although others will surely guide you through THAT process then the Charging Order issue can be handled.

 

Before this happens they need to go to court at least 3 Times.

 

1) they need to get a CCJ.

2) They have to go back to court if you DON'T comply with the CCJ. They will get an Interim CO and they can't do it if the property is NOT soley registered in your own name or other factors such as elderly / disabled people living at the property or young kids.

3) They have to back to court again to get a final CO.

 

In any case on around 5,000 GBP of originally UNSECURED DEBT I wouldn't worry as INTEREST STOPS STONE DEAD from the date of the CO.

It's almost unheard of for a forced sale on the property for a debt of that size anyway.

 

I'd just sit it out -- let them get the CO and then after another 6 months or so offer them a lowish 10% Full and Final settlement.

 

You can easily say -- you are not moving forthe next 20 years or so (even if you want to move next week --but don't tell them that) and meanwhile the debt is rapidly losing value due to inflation etc.

 

Contary to popular belief a CO doesn't stop you from selling a house -- all that happens is that the CO is paid to the creditor (Last in the queue after outstanding Mortgage / other proper secured loans) from the proceeds of sale.

 

If there isn't enough then it's "Tough Ladies -- you know what !!".

 

Also after you move thats the END OF IT -- you can't be hassled for that debt as its with the property and not you.

 

Courts really don't like the AGGRESSIVE use of CO's on unsecured debt like credit cards etc. and these days it really isn't any point for a creditor going for this unless just to frighten you.

 

Cheers

jimbo

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"but it would appear that a DCAlink3.gif won't go the whole hog of making you Bankrupt as it would cost too much money. They are just trying to scare you into re-submission"

 

I'm afraid I have to disagree with you jimbo.....just type in Lowell, Hamptons or Moorhead James / Connaught and you will see that these companies will go straight to SD/BP stage without any kind of previous court action....some solicitors will work on a conditional fee agreement for clients (DCA's)

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Does not government guidance state CO,s should not be

made for less than £25,000?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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"I'd just sit it out -- let them get the CO and then after another 6 months or so offer them a lowish 10% Full and finallink8.gif settlement." ----Why would they want to take a settlement when they have a charge on the house for potentially the full amount and 8% interest ???? And if you go to court there are costs too.....which are likely to go against you......

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

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You set the stat demand aside and do NOT agree to a charge or pay £150 to fill out a document that takes no more than 10 minutes to do.......if you want help please let me know...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

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Yes Brigadier...BUT they are asking him to take a charge VOLUNTARILY.....and if it gets down the line and he wants to set aside the charging order for any reason due to a dispute of ANY kind then estoppel could become and issue and then they would have him over a barrel....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Does not government guidance state CO,s should not be

made for less than £25,000?

 

Hi there

 

two points

If it DID go to court for Bankruptcy then it's unlikely this would be granted for a relatively trivial amount of 5,000 GBP ( I say relative because to the individual debtor who is in hard times 5,000 GBP can seem as hard to get as Abromovitch's Billions) .

 

Bankruptcy will only occur if the debtor is overwhelmingly in debt with no possible means of ever digging him / herseklf out of the hole and a brand new start is the only option.

 

The Court is much more likely to suggest some type of possible repayment fees maybe as low as 10 GBP a month. Bankruptcy isn't granted as an automatic right.

 

As far as the CO process is concerned the proposal to make these only valid for debts of 25,000 GBP or more whilst Coalition policy isn't actually law yet.

 

Please also note INTEREST CANNOT BE CHARGED ON A CO that was granted for ANY DEBT that falls under the various CCA acts -- 99% of debt on this Forum is in this category.

 

Note that for OTHER debt the amount is 5,000 GBP so if the debt falls OUTSIDE the CCA pay off the 150 GB or so to bring it within the 5,000 GBP limit.

 

Statuatory 8% Interest is only allowed on a CCJ UP TO the date of the CO.

 

Cheers

jimbo

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Hi there

 

two points

If it DID go to court for Bankruptcy then it's unlikely this would be granted for a relatively trivial amount of 5,000 GBP ( I say relative because to the individual debtor who is in hard times 5,000 GBP can seem as hard to get as Abromovitch's Billions) .

 

Bankruptcy will only occur if the debtor is overwhelmingly in debt with no possible means of ever digging him / herseklf out of the hole and a brand new start is the only option.

 

The Court is much more likely to suggest some type of possible repayment fees maybe as low as 10 GBP a month. Bankruptcy isn't granted as an automatic right.

 

As far as the CO process is concerned the proposal to make these only valid for debts of 25,000 GBP or more whilst Coalition policy isn't actually law yet.

 

Cheers

jimbo

 

If bankruptcy occurs then they will be happy to take the £5000 from the assets (the house).

 

BF

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You set the stat demand aside and do NOT agree to a charge or pay £150 to fill out a document that takes no more than 10 minutes to do.......if you want help please let me know...

 

Thanks. I need advice on setting the SD aside.

What if I fail to get it set aside - will they cancel the offer and just make me bankrupt ?

If I complete the paperwork to set aside and submit inside the next two weeks, how long will the court take to hear my appeal for it to be set aside. (Reason is I am in the North East training people on FLT's for work for a week and it would just be my luck to get it that week).

 

I spoke to a solicitor over the phone and he said take the charge and pay the £70 a month. I'm going to CAB tomorrow - will they be able to offer any help ?

 

Whats a CCA ? The original debt was for a loan so they probably do have some original signed paperwork

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You will need to visit the Court with you 'set aside' paperwork, so I am sure you could also tell them the dates you will NOT be available.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I can assist with a defence but you will need to answer the questions above.....a court date for an SD is usally 1-2 months after you have applied to set aside....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If they have not sent you the relevant paperwork, for set aside here is a link to where you can download them, and then you will be ready for the advice on how to do so:

 

Forms for Setting Aside Statutory Demands:

 

 

 

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

 

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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If bankruptcy occurs then they will be happy to take the £5000 from the assets (the house).

 

BF

 

Hi there

 

of course IF Bankruptcy occurs -- but even here the receiver has to go through the debtors assets and its a LONG way off before a house is sold --for example there might be a Vehicle which could be sold or other assets.

 

Selling a House and pushing someone out on to the Street is the LAST thing most Courts want to do if there is any other alternative -- and as I said for a relatively small sum like 5,000 GBP some sort of re-payment plan can usually be arranged.

 

Bankruptcy is actually quite hard to get -- especially for these sorts of amounts which would in any case be handled by a Small Claims court.

 

If the debtor REALLY CAN'T pay anything -- then Bankruptcy is the only option but I'd imagine most people owning a property could probably find around 2,000 GBP of sellable assets some where and the UK is going to look rediculously stupid if it's turning people out on to the Street for around 3,000 GBP.

 

Cheers

jimbo

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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CAB can't do anything other than advise you to take the charge, with two other secured loans on the property it is unlikely there will be ANY equity in it after they have all had their piece of the XXX (insert whichever expletive or denegrating phrase you prefer).

 

Report them to the OFT for using SDs in this manner, you had agreed a repayment plan with them and they are the ones breaching it, not you.

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And this one - http://www.consumeractiongroup.co.uk/forum/showthread.php?291467-Bankruptcy-BY-COURT-for-£4000.-help&highlight=bankruptcy ....there are quite a number on here, a few of whom didn't even know they had been made bankrupt...ME included....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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Sillygirl is quite right

 

This is a quote from the previous Undersecretary Of State For Trade And Consumer Affairs

 

"debt collectors who issue stat demands without giving debtors reasonable opportunities to agree a repayment schedule are likely to be in breach of the OFT's debt collection guidance. This guidance outlines the type of business practice that the OFT consider unfair and therefore incompatible with fitness to hold a consumer credit licence.

 

In addition to this, the government has recently strengthened the OFT regime to give them greater powers to investigate and take action against unscrupulous or incompetent firms. The OFT will be targetting its monitoring and scrutiny activities on debt collectors.

 

If you wish to comment on a company's non-compliance with the OFT's guidance, you can do so by going to the OFT website and downloading a complaints form, which has been established so that debtors and their representatives can provide them with the information they need in order to investigate complaints quickly and effectively. The form can be found at: The Office of Fair Trading: Debt collection practices "

 

However this will not be enough to set aside the demand.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Loan was through Everyday loans.

No PPI as far as I am aware as I was earning good money at the time but will need to check this.

I will ask for copy of CCA.

Loan is 3-4 years old.

 

Thank you for all comments so far and it is making me a bit more positive.

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OK so Everyday loans (as a broker) sold you a loan with Gamma Finance....I presume there was a brokers fee you paid too ? in which case there was likely to be a secret/undisclosed commission....do you have any of the previous paperwork ? Have they sent you a default notice ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

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Hi there

I'm not saying that they won't ATTEMPT to do it -- but the chances of it being granted are not high fo smallish (by Bankruptcy terms) amounts.

 

In the first thread the amount of debt wasn't specified -- but if it were say 35,000 GBP then that's a different ball game to 5,000 GBP or so which comes under SMALL CLAIMS.

 

In both the threads the DCA was acting improperly in any case so the Bankruptcy petition would have had no chance of succeeding.

 

Some people are too frightened by the whole Court process.

 

In my experience you are much more likely to get a better deal from a Court than with any DCA or real scumbags like Lowells etc.

 

The trick of course is that you have to present your case CLEARLY -- and with the modern educational system being what it is I suspect that this discriminates SEVERELY against some of the younger generation.

 

Never give income statement or any other information to a DCA. Save this for a Court hearing and even in Final Bnkruptcy stages you can make an arrangement WITH tTHE COURT -- not with the DCA. If the DCA don't like it -- Tough.

 

Cheers

jimbo

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