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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Divorcing Bankrupt Husband trying to deal with Consent order


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Help/Advice needed.... PLEASE!!!!

 

My soon to be ex husband was declared bankrupt in 2010. The OR has revested the property to him and I (jointly owned and negative equity). I have paid the mortgage and secured charge by my own means for nearly 3 years now. We are going through divorce and he has agreed for me to have the house as we have children. He wants a clean break and wants his name removed from the mortgage and secured charge. Neither company will do this and I would not be approved for refinance, despite paying it on time for 3 years! I dont know why they wont as they cant now go after him should any liability arise because of his bankruptcy.

 

I need to get a consent order for the divorce in relation to the house. Is there anything I can get put in the order to state he has no interest etc or am I between a rock and a hard place?

 

Just want an end to it all now. He has left me in debt with 2 children and pays pennies in maintenance cant even be bothered to see his children and has NEVER met his son. Just need shot of him for my peace of mind and to look forward to mine and my childrens future!!!

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Might not be the best time to sort the house situation out. If it is in negative equity, then you really want to be able to continue paying the current mortgage and hope that it returns to positive equity. What is the alternative at this moment. The mortgage company won't allow him to be removed and I am not sure you can take any court action to enable it.

 

Someone I know had a similar financial predicament and they waited a few years before doing the financial settlement. They then managed to get everything, when the house was in positive equity, leaving the ex with nothing.

We could do with some help from you.

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I think you need some proper legal/financial advice and this is not possible on an online forum.

 

The problem with getting into a financial difficulty with a house in negative equity, is that if there was ever any repossession, the house would be sold by your mortgage company and the mortgage holders (you & your husband) would be responsible for any shortfall loss, plus any costs. So you don't really want to be making any short term decisions about who is responsible for the house, as putting the house in your sole name and taking on 100% of the burden, also means that you have 100% of the risk. You need proper legal advice to see what your best way forward is.

We could do with some help from you.

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:|

 

Thank you Unclebulgaria but I already am 100% liable for any shortfall, should it occur, due to his bakruptcy. He has never got to pay for any liability that may arise in the future as it would be classed as a contingent liability in his bankruptcy.

 

Will see if I can speak to a solicitor, pretty sure that I either take on the house or if I dont I am saddled with the debt and no house for myself and my two young children!!

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:|

 

Thank you Unclebulgaria but I already am 100% liable for any shortfall, should it occur, due to his bakruptcy. He has never got to pay for any liability that may arise in the future as it would be classed as a contingent liability in his bankruptcy.

 

Will see if I can speak to a solicitor, pretty sure that I either take on the house or if I dont I am saddled with the debt and no house for myself and my two young children!!

 

Not sure it is correct about the husbands bankruptcy and him not sharing any mortgage shortfall loss. I am sure that I have read of some cases that have looked at this issue, as it would be unfair on the other mortgage holder to have 100% of a loss, due to spouse being bankrupt. This is where you need a solicitor who has knowledge of these matters.

We could do with some help from you.

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This is what the OR's office stated in an email 'I can confirm that even though Mr *** is still listed on both the mortgage and secured loan he is not and will not be liable for any liability that may arise in the future, as these debts are included within his bankruptcy. As both are in joint names, this means each of you are joint and severably liable, but as Mr *** are included with his bankruptcy and therefore he could not be pursued for them, you will be 100% liable.'

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This is what the OR's office stated in an email 'I can confirm that even though Mr *** is still listed on both the mortgage and secured loan he is not and will not be liable for any liability that may arise in the future, as these debts are included within his bankruptcy. As both are in joint names, this means each of you are joint and severably liable, but as Mr *** are included with his bankruptcy and therefore he could not be pursued for them, you will be 100% liable.'

 

 

Very unfair, as this may in future also leave you in a situation of needing to go bankrupt yourself, if you are subject to a large debt which you cannot pay. Definitely take legal advice about this situation, to see if there is anything you can do.

Edited by unclebulgaria67

We could do with some help from you.

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It is worth speaking to a specialist mortgage broker. They might be able to help. There is no particular reason why you would need to refinance with the same bank.

 

I guess an alternative might be to include a paragraph in the consent order stating that he has no equity interest in the house, you undertake to pay the mortgage yourself and he will promptly follow your reasonable directions in respect of any future sale of the property. If you can't refinance this is the closest thing possible to a clean break.

 

The OR's advice is correct. The mortgage company cannot pursue him personally for the debt. Their security is the house (I imagine he still jointly owns the house for now).

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Thank you steampowered. Will be speaking to a Solicitor tomorrow so hoping this is the way forward (the paragraph you mentioned). Unfotunately due to the mess (financially) he has left me in re-financing with a new or even the same company is probably out of the window :-(

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