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    • Yee I mentioned after the new regulations. Depends if the amount off to date will take that threshold below £50k
    • In short you never communicate with a Debt Collector, they have no power here at all. The snotty letter is only used to respond to a properly worded Letter Before Claim. The only time you would be recommended to contact the PPC is to send the snotty letter. You do nothing but keep the tripe they send you unless you receive a letter before claim.
    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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NCO Europe solicitor and an old orange debt


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When providing a DCA with an I/E form,

what sort of stuff is considered reasonable or necessary?

 

As I'm currently on JSA but live with parents so I'm not a main bill payer for the main stuff,

but I do pay my parents weekly with what I can afford and I pay for a lot of stuff for myself, food etc and hardly seem to have much left over.

 

The balance of the debt is £250 and I've proposed £1 or £2 a month until my circumstances change

but my I/E form seems to suggest I have lots of money left over when it's not the case in reality.

 

And how much of your disposable income do they expect you to pay creditors with? not all of it surely? how about emergencies etc?

 

just don't want to paint the wrong picture to the DCA and them thinking I can afford more than £1 or £2 when i would struggle to do so when it came down to it.

 

Cheers

 

Hi

 

Are you in receipt of Income Based Job Seekers Allowance ?

 

If so then you wont have any disposable income based on the CFS, in fact it is unlikely that the CFS allowances will make much sense with Income Based Job Seekers Allowance. It would be a minus Financial Statement if the CFS was applied is my understanding.

 

Token offers would be the outcome based on the above income and creditors should be aware of this, they see it on a regular basis.

 

If you are in receipt of Contribution Based Job Seekers Allowance, there may be other income, so it may be different.

 

Maybe check out the CAB Online System, it has industry accepted expenditure allowance guideline figures

 

http://mymoney.nedcab.org.uk/moneyadvice/dmptour.asp

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

Best Wishes

Edited by Wintry
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Yes, but but what is the alternative? If I just said "All I can afford is £1 p/m" and gave no further information, they would more than likely just apply a CCJ against me, right? They would have nothing to lose.

 

Like I said it's at an advanced stage and I've had two letters recently. First one letter before action....then a letter before court action so I kind of have to. I'd rather give it to them than go through a CCJ.

 

Original Mobile Phone Debt = Orange. Then it was Moorcroft, then NCO Europe, now It's in the hands of a solicitors who I presume are acting on behalf of NCO Europe

 

 

 

Hi, yes it's Income Based JSA that I receive. £56.80 per week I believe.

 

I live with parents though and I'm not legally responsible for any rent/mortage or council tax, or electricity/gas/water or stuff like that which is the important stuff (although I try and help out even with limited income on benefits)

 

For all a DCA knows I could be receiving JSA and hardly pay anything out, but that is not the case.

 

Hi

 

JSA for the under 25's is paid at the lower rate of £56.80 per week which equates to £246 per month.

 

Creditors and their collection agency buddies know (or should do) that Income Based JSA is the minimum amount the law says you need to live on and token offers is what usually follows and in the real world of basic maths that this ought to be accepted.

 

They should not question this really but some of them may feel the need so to speak (usually script readers talking rubbish)

 

You could put up what you spend on here and we could have a look.

 

If a calculation based on certain industry accepted trigger figures was applied, the allowance for food / housekeeping alone would basically take out all your income, then there is clothing, telephone, travel, contributions to utilities etc.

 

Expenditure allowances are there as a safety net and to help with accurate smooth running of debt advice / courts / procedures / solutions and rightly so in my opinion, without them chaos and confusion would follow along with silly, nonsense, self interest payment demands and the like.

 

My opinions

 

Best Wishes

Edited by Wintry
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It certainly would if the maximum figures were applied, that's for sure.

 

Hi

 

It would not even need anywhere near to the maximums in this case, unless of course we are talking about an agency that say (for reasons known only to them) recommend figures like £165 per month for housekeeping on an online debt tool)

 

On the subject of allowances, the MAS are looking at 'harmonising' the CFS & Stepchanges expenditure allowance trigger figures so I hear. I cannot understand what the fuss is about, why don't they all use the independent CFS, if so then all the 'confusion' surrounding would be ended in the stroke of a pen.

 

Some of us think we know why:)

 

Also, is it true sequenci that Stepchange get 'some sort' of payment every time someone uses their Debt Remedy Tool? I am only asking, maybe they could come on here and 'brooche' the subject!

 

The adverts seem to have started again:)

 

My 'take'

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If that includes all housekeeping (e.g. clothing etc. too then that figure is an absolute joke)

 

 

 

I absolutely agree on this.

 

 

 

No idea on that one, but nothing surprises me these days.

 

Hi

 

I had a look on the WA site recently and noticed that there is a fairly new E-Learning course on the CFS, think it carries CPD points for the MIMA qualified people too

 

How then can there be a different set of figures that are much lower in some areas, how can advisers give accurate advice and who's interest are some of these figures in, especially when you take into account Debt Relief Orders.

 

It is a joke and totally misleading

 

The silence just gets dafter, but everybody is starting to see through it me duck... aren't they??

 

Can't wait to see how they get round (or try to) this harmonising business!

 

It is a snooker, re - rack style

 

What about all those DMPs!

 

We are still waiting, wry smiles and all.

 

Tickety tock

 

My honest opinions based on rock solid experience

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Yup, it's brand new. Launched last month. I've not even done that one myself (just had the reminder!).

 

I wonder how many people who could really do with a DRO (and would meet the citeria based upon CFS) end up with DMPs or even (shudders) IVAs?

 

Hi

 

Think we both know the answer to those questions

 

We see a lot of people and some of the stuff is getting quite interesting - we are keeping a close check & list, oh yes, social policy stuff too!

 

Old allies and that:)

 

PS - do you need the CPD points?

 

My 'take'

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Oh, I wouldn't say that. I've taken a different route, and it's killing me! And the new term starts next week! arrghh!

 

Hi

 

Well, best of luck on your quest:)

 

It will soon be a requirement in many agencies the way things are going (already is in some)

 

 

PS - given the content of this thread and questions by the O/P it might be an idea to start another thread just for information on expenditure allowances / trigger figures etc

 

Just a thought

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It's a good thing, and I know all money advisers worth their salt are keen to have some sort of formal accreditation. I'm looking forward to when the IMA introduce their other courses. I think it'll be really useful - and ultimately great for the public as they'll benefit from it all absolutely.

 

Hi

 

The IMA accreditation is exactly that now really and is the one they all seem to be asking for and will be the benchmark in my opinion.

 

It is a worthwhile qualification and well run, they have done well and stole a march

 

My view

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