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    • Hi Stuckfast and welcome to CAG   Great job starting to self-manage your debts and listing them out here, you seem proactive and that's a great trait to have when it comes to debts.   You don't mention your partner's income so maybe there is some flexibility there to maintain pro rata payments?   Personally, looking at your list vs income I would consider dropping all of them to £1 per month as per the pro rata process and stating you are having further financial difficulties. The reason I would do this is you are unlikely to clear any of them as it stands and there's little difference in £5-£1 from the creditors point of view, whereas due to the amount of accounts, that's alot of ££'s for you when multiplied. This can be saved initially with a view to perhaps making full and final settlements on the none defaulted smaller accounts in the future but at the very least give you some breathing room for now.   Then, at some point after the companies all default you, they are likely to sell the debt on, at which point you can challenge the DCA's to prove the accounts are enforceable - they are usually not due to how the Original Creditors (OC's) and Debt Collector Agencies (DCA's) carry out this process.   Have a read through the debt forum for similar situations as yourself you'll soon pick up the idea.   You are not alone and there's nothing to be ashamed of - you've done the right thing in reaching out here on CAG, we will help you   Lastly, I disagree with Yorky and do not think you should seek advice from any company that is funded by the financial institutions, advice here is free and if you're willing to learn you can absolutely do all of this yourself.   Don't use the phone - letter's only. Don't complete any income and expenditure forms You've already proven you are willing to take control, continue!   BT  
    • It isnt a great thing to have to worry about all these things. I am sure someone on this site will offer some great advice.   Priority debts need to be sorted first; Rent/Mortgage, Council Tax, Utility   - Dont quote me as I do not know the legal points around this; but Overdrafts, catalouge, card debts are not priority. I would sit down and work out exactly what your priority debts and living costs are, deduct from your income. Look at all your cards, loans overdrafts etc, list them all, starting from the highest interest charging ones, think what and which ones to work out a realistic monthly payment, dont overpay what you cant afford.  I would consider not using the cards etc, as you will be adding to your debt and problems. I would contact someone Like Stepchange or Citizens advice, they will offer you some very good advice and ways of contacting your companies you have debt with. Dont be afraid of your debt companies, write to the fully explaining situation and what you can realistically offer, do not be preasurised into paying more than you can I personally prefer contact by post or e mail rather than telephone. Ive no idea what Factor, Monzo is, but may well fall in line with what Ive said.   Keep a note in a diary of every call you made or who contacted you, ask for names, keep and copy all letters to and from as this may be helpfull further down the line for record keeping.   Do not ignore contact as this just adds more stress for you and the problem wont go away.   Make sure you make your affordable monthly payments, every month, even if they say we wont accept it, its to low.    As you have a lot of stress going on, I would certainly contact someone like Stepchange or Citizens advice,    Good luck
    • Hy. Caring for family adult learning disability; full time, currently unpaid from work, unpaid carer - receive weekly carers allowance This is what I have searched on so far; - can only receive from employment £132 a week, after Tax, NI, deductions in all about £201.00 a week, but this is taxable and needs to be entered on tax submission, but if less than personal allowance then no tax may be paid? - I believe NI is paid as long as you get the carers allowance, although gap between break in employment and start of carers allowance may not be? -Should employment end due to company not happy in change of hrs and I have to leave, then only the carers allowance would for be the income, If UC is applied for would this allowance be deducted from what UC give or the person I cared for be affected - Savings may affect if you get UC or not - Certainly cant be available for looking for work as full time carer   anyone have any points, help or advice on this issue please
    • hy, In a nutshell; - current contract  work part time Mon to Fri 24 hrs - Unpaid year off break to become family member full time carer - Need to either go back to work at end of next month, start of July or leave - Application for Transfer was turned down   - Letter to go in this week with a application form to request change of contract, hrs, days so that I can look after family member - change requested will be work mon, tues, wed but not more than 13.5hrs or 14, then breaks deducted to stay within legal earnings limit as carers allowance is recieved - it is not possible to work thur, fri sat, sun due to care needs and travelling for adult disabled family member   ok; Ive done a bit of digging, I can send application  for reduction of the hrs and contract which i think the govt said I can legally do. Doesnt mean the company has to be bound legally by it. It may be that it isnt suitible and there for ask me to resign. Or they may agree! Or terminate my employment. But as I am a full time family carer for a family member within the same household, I should have a good case to argue.    Does anyone have any further knowledge or experince of this to advice me, what legal or other rights, but if I quit or asked to quit, would claiming benefits as such be suspended for quiting a job, thanks    
    • I’m looking for some guidance please. I’ve been reading up but am stuck on what I should do and going round in circles now.   Trying to manage my own DMP and making a mess of it I think.   My income is £1015 per month Essential outgoings: factor fee £93 pet insurance £81 (giant breed so quite costly) TV licence £13.37 Groceries for 3 adults and giant breed dog £309 Council Tax £111 Internet £36 Electric £59 No water/gas/car Public transport £30 Gifts £15 Mobiles £6 Debt to family £42 Saving £0 Leftover £220 (for creditors) Actual Original Total Due to Creditors £600 (pro rata started) So I’ve started negotiating pro rata payments while still trying to keep credit cards going for future emergencies (they are maxed now but if I can pay them down it releases credit for me to have as a back Up)   It’s all getting worse, I’m struggling, I have depression, my wife has depression and is unwell. Interest on 3 cards is over £100 so not really paying anything off.   I’ve negotiated pro rata on some and I think I’ve gone in too high because I’m really struggling with it, I forgot that when they ask for income expenses they don’t take into account that the factor bill is 3 monthly and therefore I need £279 by May 31st and not £93 as budgeted so already in trouble for month 2. Partner debts: Starling bank overdraft: £400, 2019. Pro rata £14 arrangement to pay, no default.   Tesco Credit Card: £100  started 1/12/2019; defaulted 7/10/20 £5 mth   Virgin Credit Card: £2700 started 14/5/18; defaulted 30/3/21 £5 mth   Marks and Spencer Credit Card: £850 started 18/10/19; defaulted 13/1/21 £5 mth   Nationwide Credit Card: £1500 started 30/4/19; defaulted 28/12/20 £5 mth   Barclaycard CC: £1400 (PRA group purchased it) started 25/8/18; defaulted 16/7/20 £5 mth.    Aqua Credit Card: £3900 (now with Cabot Financial) started 3/12/18;  defaulted 12/11/20 £5mth   Aqua Loan: £1700 (now with Link Financial) started 28/9/19; defaulted 2/2/2021 £5 mth   My Debts:   Monzo Loan:  £1900 October 2021 – permanent pro rata £39 agreed, not defaulted    Likely Loans: £1500 December 2021 – temp £14 pro rata, not defaulted    Monzo overdraft: varies up to £750  - temp £10 pro rata   Monzo Flex: £900 December 2021 – temp £11 pro rata   Fluid Credit Card: £1500 July 2021 (on a holiday until August) £0    Capital One Credit Card: £700 £40 mth (up to date)   Amazon Credit card: £2450 November 2021 £75 mth (up to date)   Next: £56 December 2021,  £5 mth (up to date)   My dilemma is I can’t pay the factor bill and have maxed my cards.   I wonder about going on a payment holiday with Amazon and Capital One and then negotiate pro rata using a part of the £220 left for creditors in time, so keeping the pro rata proportional.   In August my Fluid holiday ends and they want £80.   I’m not getting hassled by any creditors and prefer an option that keeps it that way but last night seriously thought should I stop paying all of some of them.   Thanks  Stuckfast    
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Ask the DPA, they obviously feel that a breach on the part of the solicitor has been committed, unlike me and you they deal with such matters on a regular basis.

 

I am more than willing to PM your the relevent reference number if you feel obliged to challenge.

 

Do you want it all do you want to carry on pretending because it really makes no odds to me.

 

Ask the Data Protection Act?!

 

I don't want your reference number as it is meaningless.

 

I would like to know how the solicitors could failed to provide a document that you claim never existed in the first place. They can't disclosure something that has never existed so it's just bizarre.

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Ask the DPA, they obviously feel that a breach on the part of the solicitor has been committed, unlike me and you they deal with such matters on a regular basis.

 

I assume this is a reference to the Office of the Information Commissioner? I would be genuinely surprised if they told you that there has "obviously" been a breach of the DPA by the solicitor. Can you be clear exactly what they've written to you?

 

But I'm not sure where this takes you anyway. Even if the ICO concluded that there had been a mishandling of your personal data, I cannot see it having any material impact on the substance of your claim. And - to repeat myself from your other abandoned thread - unless you've submitted your appeal, then all this is just bizarre mutual baiting. What is it that you actually need help with?

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Ask the Data Protection Act?!

 

I don't want your reference number as it is meaningless.

 

I would like to know how the solicitors could failed to provide a document that you claim never existed in the first place. They can't disclosure something that has never existed so it's just bizarre.

 

Well if the document never existed how on earth could i prove that without obtaining the client file that would contain the document and if there was no such document the allegation would then be factual.

 

I have to prove there was no contract and to be able to do this i would need to have site of the file which as you know the solicitor and his solicitor/barrister are refusing to disclose.

 

What is bizarre and what really points to the fact that there was no legitimate contract in place could and will be drawn from the very fact that the solicitor knows that providing the file will show there was no contract because the file will be minus the documentation as to establish this significant point.

 

On the other hand i suppose the solicitor could own up and say the file does not would not and never has had the documents that would prove that he was working under a legitimate contract but he wont do that now will he.

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Well if the document never existed how on earth could i prove that without obtaining the client file that would contain the document and if there was no such document the allegation would then be factual.

 

I have to prove there was no contract and to be able to do this i would need to have site of the file which as you know the solicitor and his solicitor/barrister are refusing to disclose.

 

What is bizarre and what really points to the fact that there was no legitimate contract in place could and will be drawn from the very fact that the solicitor knows that providing the file will show there was no contract because the file will be minus the documentation as to establish this significant point.

 

On the other hand i suppose the solicitor could own up and say the file does not would not and never has had the documents that would prove that he was working under a legitimate contract but he wont do that now will he.

 

If you submit a complaint to the SRA, they should arrange for an independent case handler to get hold of the files and investigate it properly. Someone i know made a complaint and they were quite surprised that the SRA were so thorough, as well as keeping them informed of progress.

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Well if the document never existed how on earth could i prove that without obtaining the client file that would contain the document and if there was no such document the allegation would then be factual.

 

I have to prove there was no contract and to be able to do this i would need to have site of the file which as you know the solicitor and his solicitor/barrister are refusing to disclose.

 

What is bizarre and what really points to the fact that there was no legitimate contract in place could and will be drawn from the very fact that the solicitor knows that providing the file will show there was no contract because the file will be minus the documentation as to establish this significant point.

 

On the other hand i suppose the solicitor could own up and say the file does not would not and never has had the documents that would prove that he was working under a legitimate contract but he wont do that now will he.

 

How will this help your appeal?

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If you submit a complaint to the SRA, they should arrange for an independent case handler to get hold of the files and investigate it properly. Someone i know made a complaint and they were quite surprised that the SRA were so thorough, as well as keeping them informed of progress.

 

The SRA will act if they feel they need to investigate if there has been a breach of the SRA's Principles.

OP declined to go to the Legal Ombudsman despite being advised it would be the best way forward. It would have been best as the LO's remit is wider (they can deal with 'poor service', the SRA can't), and if the LO believes there has been a breach of the SRA's principles, they'll pass it to the SRA.

 

However (and it is a common theme : OP has missed a number of 'deadlines'), is the OP now out of time for involving the LO?

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Threads merged...Thread remains closed until I see some proof of an appeal...Please PM me a copy and I will reopen this thread.

 

Regards

 

Andy

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I have contacted the Council head of legal services who dealt with a claim that i had against them and they say that they are satisfied with the legal bill that my solicitor has incurred and subsequently paid.

 

They have referred to a letter that shows justification in the payment but are not prepared to show me the letter or the legal bill that shows how those costs were incurred.

 

Can i request this information or would this be outside the scope as to right to data under DPA.

 

Any help would be appreciated. thanks Callum

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  • 1 month later...

Have just been giving judgment in respect of a litigation that i had against a previous solicitor who breached the Data Protection Act, and still continues to breach the Act which is stopping me from relying on the data that would show that he has committed a number of breaches which would include concealing evidence relevant to a case.

 

Further the Information Commissionaire Office have now also advised me that the solicitor has ignored their request for this information and the 28 day period for the solicitor to give his reasons has now expired.

 

But for this information being disclosed this is allowing the solicitor to avoid the proof that would demonstrate that he has breached a number rules and Acts.

 

He seems to be hiding this evidence or no evidence to suggest a contract was in place can be provided, the latter being the more likely.

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new thread merged with old existing closed thread

 

 

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...

The Information Commissionaires Office and after investigating have decided that a previous firm of solicitors have breached the Data Protection Act 1998, by failing and when requested to provide data that would demonstrate funding and a legitimate contract were in place when it has been alleged that they were in a position to (a) legally represent, (b) and profit from the misrepresentation.

 

The OCI have now instructed the firm to provide all the needed data within seven days.

 

What are the consequences if any if the firm continues to ignore and provide this information?

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Is this in connection to you know what callum ?

 

 

Andy

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The Information Commissionaires Office and after investigating have decided that a previous firm of solicitors have breached the Data Protection Act 1998, by failing and when requested to provide data that would demonstrate funding and a legitimate contract were in place when it has been alleged that they were in a position to (a) legally represent, (b) and profit from the misrepresentation.

 

The OCI have now instructed the firm to provide all the needed data within seven days.

 

What are the consequences if any if the firm continues to ignore and provide this information?

 

Any help would be appreciated, thanks

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The ICO could fine them.

We could do with some help from you.

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The ICO could fine them.

 

I have been giving summary judgement which the solicitor is appealing against on the claim that the solicitor breached DPA.

 

The other side are claiming the issue with any breach of DPA has been previously dealt with under the negligence claim which was not an issue nor was it mentioned in those proceedings.

 

What, if any weight does the reason that the OCI have adjudged my rights under the DPA have been breached will the Court consider?

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Any constructive free advice would as always be appreciated, thanks in advance.

 

But ignored, unless it is what the OP wants to hear........

 

Potential respondents also shouldn't expect to get any details on which to base their reply, (such as the PofC, or appeal documentation), if the thread

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?471748-Default-judgment&p=4968596#post4968596

 

is anything to go by.........

 

It seems to be the same situation described in the OP's post of 14th Nov 2016 on the last page of that thread, just "dressed up in new clothes".

 

Little wonder forum regulars aren't rushing to answer .....

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threads merged for the 48th time

 

 

over 1000 posts on this subject now...

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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Did the OP ever provide the evidence of THEIR appeal which was a requirement set by the site team for the "solicitor / negligence" thread to be re-opened?

 

Surely either the threads should be merged and (both) not open, or if it really is a new thread they shouldn't be merged so only the new thread (dealing with a new matter) is open?

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But ignored, unless it is what the OP wants to hear........

 

Potential respondents also shouldn't expect to get any details on which to base their reply, (such as the PofC, or appeal documentation), if the thread

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?471748-Default-judgment&p=4968596#post4968596

 

is anything to go by.........

 

It seems to be the same situation described in the OP's post of 14th Nov 2016 on the last page of that thread, just "dressed up in new clothes".

 

Little wonder forum regulars aren't rushing to answer .....

 

I am not dressing anything up, i am just asking for advice, ive no need to dress things up.

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Did the OP ever provide the evidence of THEIR appeal which was a requirement set by the site team for the "solicitor / negligence" thread to be re-opened?

 

Surely either the threads should be merged and (both) not open, or if it really is a new thread they shouldn't be merged so only the new thread (dealing with a new matter) is open?

 

Negligence and breaching the DPA completely different.

 

Why are you linking the two at this point?

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Negligence and breaching the DPA completely different.

 

Why are you linking the two at this point?

 

And to remove any doubt the OP was not in a position "TO PROVIDE" their evidence because the solicitor who had acted negligently was, is and still wants to breach DPA.

 

That said, any giving the stance taking by the OCI, he has now lost that right as it would now appear.

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