Jump to content


  • Tweets

  • Posts

    • Hello, welcome to CAG. Can you tell us more about what happened please? Who stopped you and which shop? Best, HB
    • You don't mention what the debts are, which is important, as it really depends on the details in deciding best course of action. So list types of debt e.g credit card, type of loan, utility bill; current owner bank or dca; approximate amount for each debt.  And do you own any property assets. There is no blanket advice regarding all types of debts. Whoever you contact regarding debt advice would want to know all of the information. The debt buying businesses deal with multi billions worth of debts. They can't issue Court claims for most debts as the cost of pursuing would be ruinous and don't have staff resources. Instead they rely on credit records being impacted and therefore people need to resolve the debts. And they rely on anxious debtors paying amounts after receiving threatening communications. If you know you are likely to be made redundant, start looking for other employment soon. Due to longer recruitment processes being followed by employers, it can take about 3 months between applying and starting a new job.
    • Hi I was caught shoplifting 4 items £20 worth, I’m petrified the Police will come to my house now please can you help. What can I do I worried about my job. 
    • I heard nothing more from J&P but have now had an email from the bank saying they have instructed IDR to act on their behalf?  so are they just passing it back? Selling it on again? I don’t know if this is a good or bad thing 
    • I posted a couple of years ago about our debt situation and have been trying to pay off our debt as best we can. It is a possibility I maybe made redundant in a few months time, so I am trying to find out everything I can about what happens in today’s world when you can’t pay. I keep finding conflicting advice on various sites so I wanted to post this quote to get thoughts. It claims basically that the dca will likely get enforceable documents these days and therefore it’s likely you will have to pay dca at some point during the 6 year process.    on here I read a lot of comments assuming the exact opposite of this. A lot of the threads on here state the beginning of the process but I never see conclusive stuff about what happened from start to finish to get insight into whether debts post 2015 have been enforced etc. I hear a lot here not to pay dca companies but most my debts are post 2015 debts I am all up to date on our debts but if I lose my job it is likely I’ll end up where I tried to avoid in the first place. Which is destroying our files and dealing with DCA. I’ll post it below so you can see what I mean.   It is likely that any debts incurred after 2007 will end up with all the documentation being provided and being enforceable. Therefore you should use the time while awaiting responses going through your Income & Expenditure and considering any possiblity of making a full and final settlement. It can take a number of months to reach the stage of a hearing date and exchange of witness statements and normally you would be able to settle or come to an arrangement to pay before the court hearing, once documents have been provided, although this isn’t guaranteed.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

caarter CCJ for Vanquis card - set aside?


CapoFort
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3111 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I was hoping someone would be happy to share the process of getting Bryan Carter Solicitors LLP to consent to my CCJ being set aside.

 

The court date of the CCJ was 06/08/2014 for £546.

 

I have been living abroad outside of the uk since January 2014.

I only found out that I had this CCJ when I decided to check my credit report.

Got email confirmation from the court only in October 2015.

 

The original debt was for a Vanquais credit card.

Lowell Group are the listed claimant on the CCJ.

When I contacted them they told me to get in touch with Fredrickson International.

And from there I was directed to Bryan Carter.

 

A repayment plan is set up with Bryan Carters for £50 p/month.

Which I intend on paying back as take responsibility for the debt.

But the CCJ is going to ruin my credit rating and I think because I wasnt in the country at the time

I should be able to get set aside. Is that true?

 

I more or less grasp the process of completing the N244 form but I more interested in understanding the best way to get a letter confirming the Consent of the Claimant.

 

I am not sure which one to even contact to ask for it.

And would anybody have a template or guidelines to at least attempt making one myself, which I can share later.

 

Also what type of evidence would I need to show?

and would i need to appear in person?

 

 

I was hoping the proof of me not being in the country

and the claimants consent would mean not but if someone oculd clarify that would be great, thanks

Link to post
Share on other sites

you don't need farters consent at all.

 

simply fill the n244 form out and send it yo the court with proof you were not resident at the time it wa obtained.

 

are you ever returning to the UK>

as I cant see any reason to even bother if you are not.

 

they cant hurt you outside the UK.

 

should nt be paying the ruddy fleecer either.

 

that money will be paying for their nightly drinks at the pub.

 

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... 

Link to post
Share on other sites

" A repayment plan is set up with Bryan Carters for £50 p/month."

 

Hi CapoFort and Welcome to CAG

 

Was your payment plan pre CCJ or post?

 

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

Link to post
Share on other sites

Hi Andy

 

thanks for the welcome.

 

The payment plan was post CCJ. by about an year. Didnt know I had a CCJ lodged against until i checked my credit file out of interest.

 

got in contact and was told there was a court mandated amount of £50 p/month

 

. I thought they were probably lying but I can live with that amount and thought better to at least start making repayments.

 

Thought that the fact I got in touch proactively would work in my favour but I asked them today if they would write a Consent to the CCJ being put aside but they said no.

 

I left the country because I was working remotely and decided to get out of London,

 

still have the receipts from my accomadation proving I was away but dont want to pay £155 for a low chance of success.

Link to post
Share on other sites

Setting a side a CCJ also depends on offering a viable defence along with the application...yes you was out of the country at the time...but if you wasn't ....defence?

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

Link to post
Share on other sites

The debt was linked to an address that moved out and didnt get any corresponde about would be my only defence I think.

 

The default date of the debt was 31/01/2013. But I had left the country 01/08/2012. So I didnt even recieve any notice that a default on the debt was going to happen.

 

Then the CCJ was on 06/08/2014. Can a CCJ be allowed so long after a default?

 

Also during the period of the CCJ I was working full time on above average wages and the amount owed was £400 which is something I could have paid off if they had got in contact with me.

Link to post
Share on other sites

" Thought that the fact I got in touch proactively would work in my favour but I asked them today if they would write a Consent to the CCJ being put aside but they said no."

 

It would have to be a F&FS offer then they may reconsider .

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

Link to post
Share on other sites

but if they dont?

 

what are my chances on getting the CCJ set aside? is there really no chance even showing that i was out of the country living and working abroad? I was hoping that because i was earning enough to pay the debt in one go it was in a way their fault as if they had just sent an email instead I would paid

Link to post
Share on other sites

Set a side is a two fold process...1 . the reason that you didn't respond to the initial claim ...and 2. that you have a viable defence to offer to the claim...the reason that you do not think you are in indebted for the balance claimed.

 

The claimant is holding all the cards at the moment...he has his judgment...so to tempt them to agree to something you must make it worth his while.....as stated I can only see a F&FS lump payment tempting them.

 

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...