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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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payplan made error with settlement figure


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Hi I need some advice I recently partially settled my debts via payplan and they made an error with my barclaycard debt they got the figured wrong so now barclays are chasi g me for the remainder £900. Is there anything I can do considering payplan settlements team buggared it up ??

Thanks in advance

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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Ooer, I don't know. How did they get the figure so very wrong ?

 

I will ask other members of the site team for further advice for you.

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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was there any PPI or PENALTY charges on the debt?

 

PP don't usually check this on any debt they take on

they just assume its all payable.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi I need some advice I recently partially settled my debts via payplan and they made an error with my barclaycard debt they got the figured wrong so now barclays are chasi g me for the remainder £900. Is there anything I can do considering payplan settlements team buggared it up ??

Thanks in advance

 

Hi

 

Mistakes do happen (if this is the case)

 

Have you spoken to Payplan?

 

If you get no joy doing the above, then you could try following any complaints procedure they have next

 

Get your facts, figures, evidence and info ready, take copies of everything.

 

Keep all correspondence & related info safe.

 

The PPI issue is also worth noting as DX says

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Many thanks payplan have went it to complaints, as its they who have called me to ackknowledge that they have made a mistake. Apparently barclays only work from spread sheets in settlements and offers and they only give a percentage of what they are prepared to accept. Payplan have told me that payplan settlements have worked the figure out wrong and have only realised this after I have paid the figure originally thought to be the settlement.

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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Hi Lisa m,

 

If Payplan messed up, they should contact BC immediately to confess and they should then negotiate properly to get you the correct settlement figure.

 

As already said above, as the matter is under review, you should try and get any penalty charges and/or PPI refunded to reduce the account debt BEFORE the settlement arrangement is made.

 

:wink:

Edited by slick132
typo

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Ultimately you could consider taking the matter to FOS if it cant be resolved with Payplan.

 

How you doin Nick?

 

Thought I might have bumped into you a week a two ago, you werent there though, but nevertheless you still got a mention

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Its currently being looked into by payplan so should have a reply by 8 weeks if not itll be off to the fos again :-)

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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  • 4 weeks later...

Payplan have agreed to pay 4 months payments and I am to pay the rest with b/card so I am taking the case to the fos :-)

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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Hi Lisamel,

 

Please keep us updated on this.

 

When you do, it would help us if you explained more about the facts and figures.

 

For instance, if you were offering to make F&F Settlements, why are Payplan now offering to make 4 instalment payments. What further payments are YOU expected to make.

 

:-)

We could do with some help from you

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  • 2 months later...

Update - fos are upholding my complaint and are awaiting a response from payplan :-)

 

Slick 123 I owed approx 2100 to barclaycard and was fortunate that a family member wants to help me out to repay all my debt but could only give me certain amount. I had about 7 debtors some minor approx 150 and a couple larger like barclays.

 

Payplan knew I only had a certain amounts of £ s so they proceeded to get settlement figures. Every debtor gave a figure apart from barclays who gave a percentage there willing to accept. Payplan then worked out the wrong percentage somehow confirmed the figure to me which worked out with how much money I had to repay.

 

It was tgen months of my going back and forth to payplan and barclays with statements saying I owed a balance still and payplan saying no you dont leave it with us ? Eventually someone looked into the matter in depth at payplan and realised the error they had made, they then admitted this in writing and said they would pay the outstanding arrears but not the balance of approx 800.

 

O and for all stress caused they would give me £25 ( how nice of them im sure this would cover a small portion of the premium numbers I had to call trying to sort this mess out NOT).

 

I took this matter to the fos who have now said there upholding my complaint we await a reply by next Wednesday :-)

Edited by citizenB
formatted for easier reading

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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This is very good news indeed lisle :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Lisamel and thanks for the update.

 

Let us know what happens next.

 

:-)

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Hi thanks for everyones advice,

 

I now have the conclusion

 

now the ombudsman has given them ( payplan ) 2 weeks

 

they have agreed to pay the remainder of the debt

and also 150 compensation.

 

Ombudsman has also told them to get my credit report altered too :-)

 

so another win for the little people !!

 

Never give up and never take no for and answer :-)

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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let us knowwhen this happens

 

well done

 

we'll mark the thread won then.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Lisamel,

 

This is good news and well done.

 

:whoo:

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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