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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      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.
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what date is your hearing

I cant see you've told us yet?

 

 

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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  • 1 month later...

Despite defending the claim. I have been ordered to pay. Very disappointed not the result I was expecting. Original paperwork stated that they would accept instalments. There is no reference to this so do I just ask the claimant for this arrangement

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well w did see your defence

 

 

not a lot of good coming back here more than a month later to update us really.

 

 

so what defence did you file.........

 

 

 

 

lets get you moving forward

 

 

and now you've a CCJ?

 

 

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 yes I did send off defence. Just received letter stating have to pay by 10 July. I can't afford to pay all in one go so what advice would you have for me now please

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So when you received Notice that the claimant had applied to lift the stay (and I assume this was to request your defence struck and or that they requested Summary Judgment) you did submit a witness statement in response (not less than 7 days pre hearing)....clarifying your objections...and you did attend the hearing in person to fight the application ?

 

Regards

 

Andy

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 OTHER

 

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Hi Andy

 

Yes it was submitted in time. But I didn't attend the hearing I didn't realise that I had to. On the original paperwork it says that they would accept payment in instalments but no mention of this in the notification to pay. With all the costs and interest added on I have no hope of paying a lump sum. What can u advise? Please

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You can make application to vary the forthwith to monthly payments......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-October-2013**

 

Fee is £50

 

With regards to your post......

 

" On the original paperwork it says that they would accept payment in instalments but no mention of this in the notification to pay. "

 

I haven't the foggiest what you are referring to or what that means.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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You can make application to vary the forthwith to monthly payments......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-October-2013**

 

Fee is £50

 

With regards to your post......

 

" On the original paperwork it says that they would accept payment in instalments but no mention of this in the notification to pay. "

 

I haven't the foggiest what you are referring to or what that means.

 

Regards

 

Andy

 

Thank you Andy

 

The original claim that they put in to the court for the monies owed stated that they were prepared to accept monthly instalments. I was going to ask the debt collection agency if they would accept a reduced one off payment and if so how much or monthly instalments. Am I better off completing the form you have suggested? Thank you for your help it is really appreciated

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Best to do it officially...through the courts......(N245) then the claimant cant hold you to ransom and keep hounding re payment reviews/ increased payments.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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What happens if they don't accept the instalments?

 

 

Is there a chance of that happening?

 

 

My mum may be able to lend me some money although nowhere near the monies outstanding.

 

 

Is it worth asking if they will accept this prior to completing the form.

 

 

If they do agree something

can I then ask them to provide some sort of legal documentation for me to sign which can be logged at the court?

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What happens if they don't accept the instalments?

If you don't ask you won't find out, the court will determine your payments on YOUR I&E.

 

 

Is there a chance of that happening? See above.

 

 

My mum may be able to lend me some money although nowhere near the monies outstanding.

No need to borrow money.

 

 

Is it worth asking if they will accept this prior to completing the form.

They already informed you they would accept instalments prior to taking you to court.

 

If they do agree something

can I then ask them to provide some sort of legal documentation for me to sign which can be logged at the court?

This is why you go through the courts, you won't get much more legal documents than they churn out.

 

 

As Andy said, use N245.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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