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    • Hi all,        I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. So would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue?   Anyway, if it's more helpful, I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, so put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
    • There is a plea guilty website...   Screenshot 2024-05-22 144200.pdf
    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
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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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** Do you have, or have you had a DMP with PAYPLAN? **


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We've heard a few reports that Payplan try and get those on DMPs to switch products, often to an IVA; have you experience of this? We're concerned as IVAs have significantly more implications and risks to consider than DMPs. Although IVAs can be a good option for some folks they are not always going to be the right option. In addtion, Payplan would make a lot more money from an IVA than they would a DMP.

 

Thanks.

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Hello, I hope you do not mind us replying to your post. At Payplan we assess a client’s situation to determine what there circumstances are and what options they have available to them. Once a client is in a plan we will contact them annually to make sure that their plan is still suitable for them and they are maintaining their payments. As I am sure you are aware, peoples circumstances can change and this can mean that the route that they are on may no longer be their best option. It is then our duty to inform clients of this and present to them any other options available. This could be an IVA, if they are currently in a DMP, but we could equally advise them that bankruptcy is an option for them. Our main concern is always that the client is in a plan that not only suits them but is also sustainable for them with the aim to get them out of debt in the most appropriate way and it is never about how much money we make. I Many Thanks Gemma

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Hi ...use Payplan and have never ever been directed to anything other then normal DMP ....have all the faith in this FREE TO USE DMP ....perhaps our circumstances have not meant any other ways forward but I would welcome the choices if they were given....have nothing but praise for Payplan as all our creditors have been more than willing to go ahead with the offers made on our behalf ...KEEP UP THE GOOD WORK GUYS !!!!

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Have previous experience with PayPlan a long time ago. Was on a DMP, but was advised against a Trust Deed (Scotland). Was a long time ago so can only comment from then. Really the opposite to what you were hearing, but I couldn't really say a bad thing about them other than they will not question the enforceability of Debts or try and negotiate a reduced settlement (again, from some years ago).

 

Have heard of other well known free Debt Management Firms going down this route purely based on them making more money. I wouldn't care to mention them by name due to legal implications - but your can thank the Tories for that ;)

I am not a qualified Debt Advisor, nor am I in a position to give Legal Advice. Any information I give is based on personal experience. You take full responsibility for acting on any advice or opinion I give.

 

To Date, I have written off almost £60,000 of Debt, through fighting Unenforceable Credit Agreements, negotiating affordable repayments and freezing interest and charges, and winning two cases after being taken to Court!

 

My biggest scalps are Halifax, British Gas, a well-known unscrupulous Solicitors Firm based in Scotland (which I cannot name for legal reasons!), Walker Love and Welcome Finance. If you require any help with any of these firms, I will be only too happy to put my tuppence worth in!

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I must add, Payplan *are* excellent at what they do, and I would never not suggest contacting them. Just keen to see if getting those on DMPs to switch to IVAs was a regular practice. Perhaps it isn't? Hence the post here. Both Payplan/CCCS are recommended for DMPs - and both (amongst others) are recommended for IVAs.

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I must add, Payplan *are* excellent at what they do, and I would never not suggest contacting them. Just keen to see if getting those on DMPs to switch to IVAs was a regular practice. Perhaps it isn't? Hence the post here. Both Payplan/CCCS are recommended for DMPs - and both (amongst others) are recommended for IVAs.

 

Hi

 

Basically they have to be better than companies who charge fees as all the monies paid in go towards paying off the debts with CCCS & Payplan, also there is none of this keeping the first couple of months payments business (I have heard that some of the commission / profit making outfits have been known get up to these sort of games:)

 

Oooh and then there is this 'flipping' I sometimes hear about, I came across one of those yesterday

 

There are other issues though, oh yes.

 

Once again these are just my opinions:)

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Hi Sequenci

 

You do occasionally read about how some of the profit making fee chargers 'claim' to work harder at freezing the interest & charges on Debt Management Plans, not sure myself if their success rate is higher or lower than CCCS & Payplan as I have never seen any official figures. To be honest in my opinion it is probably just another marketing tactic they employ and when you think about it taking the first couple of months payments not going to creditors or the like into account (if this is the case) and the regular monthly charges then they have to try to justify some advantages over CCCS & Payplan, just work out the figures on say a £400 per month Debt Manangement Plan with a fee charger.

 

People make up their own minds though at the end of the day.

Edited by Wintry
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I always find the problem that with fee charging, non- fee chargers like payplan and charities like CCCS, it is always in their best interests to keep you in debt longer.

 

The whole thing stinks, so if you can you are better managing your own DMP.

 

If you should really be going down the IVA or trust deed route, or even any other formal debt solution, then only then would I get one of these organisations involved.

 

I have actually sat with a fee charging DMC with a relative and as soon as it was ascertained that bankruptcy was the only option, they handed her the LILA form and couldnt get us out the door quickly enough as there was no money in it for them.

 

Have also been recommended by a charity to go into a trust deed, when it was definetly not the best option.

 

So really, i think they all have a vested interest on the best option for themselves.

 

Just my opinion, but your better going it alone if you can ;)

I am not a qualified Debt Advisor, nor am I in a position to give Legal Advice. Any information I give is based on personal experience. You take full responsibility for acting on any advice or opinion I give.

 

To Date, I have written off almost £60,000 of Debt, through fighting Unenforceable Credit Agreements, negotiating affordable repayments and freezing interest and charges, and winning two cases after being taken to Court!

 

My biggest scalps are Halifax, British Gas, a well-known unscrupulous Solicitors Firm based in Scotland (which I cannot name for legal reasons!), Walker Love and Welcome Finance. If you require any help with any of these firms, I will be only too happy to put my tuppence worth in!

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