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    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
    • £749.69 court fee £70 legal fee £70 total £889.68 MyJar TM.pdf
    • Please read and complete the following posting your responses back here for further advice.  
    • Thank you. I'm going to say that the photographs really don't say very much and once again it's a real shame that you didn't take lots of photographs of all the issues including the Windows and the state of the inside of the room. You can certainly bring a claim here if you want and we will help you but I'm really not sure of your chances of success. It sounds to me as if the manager you spoke to was dismissive and nothing was particularly agreed or admitted. If you want to bring a claim then I would start off by establishing a paper trail where you point out the things that were wrong and the fact that you discuss this with the duty manager who appeared to be dismissive. You could ask them then in general terms if they have any proposals to make. I think you're in weak position. I don't think you should start threatening them with legal action or anything at the moment and even if you did bring a legal action for the full amount I would probably advise you to negotiate a settlement of maybe 50% – if you're lucky – at mediation. Have you tried putting up Google reviews and reviews on trust pilot? This could also be a good way to start. I'm very sorry but when you deal with these kinds of issues then you need to collect evidence as quickly as possible. It is the first thing you always do when there is a poor hotel, a stone in your cornflakes or a motor accident. I'm afraid that you have to think this way and maybe it doesn't come naturally – but having run the consumer action group for 18 years, this is rather second nature. If you have any phone calls with them then you should read our customer services guide first and then confirm any admissions they might make in writing.
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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.

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Final Settlement vs full?


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Hi all,

 

Hope this doesnt sound too daft, I am in repayment plans with DCAs to repay my payday loans. Whilst I understand this has killed my credit report, if they offer me a full and final settlement, does this look worse on my credit file than settling in full? Whilst I'd like these debts off my back, my credit rating needs all the help it can get.

Thanks

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If they offer you ANY kind of a settlement, then theres something wrong with the debt and you need to find out what it is. Also, NEVER pay a DCA unless they legally own the rights to the debt.

 

With a F&F settlement, you need to be very careful. Almost all the time, DCA's do this, but only mark the credit file as "partial settlement", or they sell the remainder of the debt to another DCA who then add their own charges on and come back months, or even years down the line. A lot of people get caught out by this all the time as the wording the DCA's use is very misleading.

 

Have you been offered a F&F on one of your debts? If so, can you scan it up, minus any personal info? ALso provide as much detail about the breakdown of the balance if possible.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks for the reply Rene - Please see below

Dear Blossom

This is the breakdown of your balance as supplied by Quick Quid:

Original Principle Balance: £400.00

Check Amount: £300.00

Late Fees: £36.00

Total: £736.00

You have paid to us: £249.00

Outstanding Balance: £487.00

I have consulted my management in regards to settlements your account.

It seems you may have been misinformed regarding legal proceedings. We use a companies called Colemans Solicitors and Stirling Park when considering any legal action.

In regards to Settlements:

They will only consider settlement offers of 80% and above

This would mean a minimum payment at this point to close the account would be £389.60

Kind regards

Mackenzie Hall

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That was a couple of month ago - I have now since paid £435 - I have £300 left to go. So as shown above I initially borrowed £400 and am now paying back £730, As you can see they sent me this breakdown once I had agreement the repayment plan,so I think its far too late to argue it now. I just have to put this down as a very expensive mistake, and accept the fact that I have been well and truly had this time. Also I dont really want part settled on my credit report, I want it to say paid in full and hopefully breathe a bit more life into my dying credit rating

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Thats not a breakdown. Thats a vague description of charges. Plus they cant charge those penalty fees.

 

Also, whats that "cheque £300 " for?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Am I fighting a losing battle of I challenge it and say that I've paid what I borrowed I am not paying you £60 a month for a further 5 months just purely to pay interest and charges? They have made it pretty clear they wont accept this nano don't really want their solicitors getting involved

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Their solicitors.are just con artists. whats the 300 charge for?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Dear Blossom

This is the breakdown of your balance as supplied by Quick Quid:

Original Principle Balance: £400.00

Check Amount: £300.00

Late Fees: £36.00

Total: £736.00

You are correct, the check amount is what the interest is listed under.

Currently you have paid us £435.00

This means the rest of the balance (£301.00) is made up of the interest and charges added by Quick Quid. This is what would have happened before the account got to Mackenzie Hall. We have not added any further costs or charges.

This means there is nothing we can do to change the balance despite how extortionate it may seem.

We are however sympathetic to the customer in these cases, this is why we are willing to offer settlements.

If you were to take advantage of this we would be able to update your credit file to partial satisfied and you will no longer be pursued for the remaining balance.

I can provide a detailed statement of your account after Mackenzie Hall took over. If there is any other information previous to this that I have not answered let me know and I will request this from Quick Quid. It can take them a couple of weeks to respond however.

Kind Regards

 

Mackenzie Hall

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Theyre just idiots. The 300 in interest and charges are seen as unfair, and there purely to inflate the debt, which in itself is a violation of their consumer credit license.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Why have they got you? You need to contest and start complaining. Just because they say you owe it doesnt mean you do.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thats what they do, and you are falling for their tricks. Theyhope you will give in and pay whatever they say, or they'll take it to court. When this happens, a lot of people put their head int he sand and the PDL gets judgement by default, which means you now legally owe them everything they asked for, plus the creditor now has a host of further enforcement options available. It is also hard for a debtor to set aside the CCJ, as ignorance isnt a defence.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I would ask them to justify the charges and why they have bought a debt that was in full dispute with the original creditor.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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