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    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
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    • nope  and  neither dx
    • Ok Thank you DX will do just that . will keep you up dated.
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      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.  

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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.
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      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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For all the misery you caused HSBC **WON**


siena
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Right, this one is really dragging on and I have finally received letter from the court with a date. Despite lots of research can't find anyone who has has this letter.

 

IT IS ORDERED THAT

 

Upon review of the court file

 

It is ordered that

 

1. The claim be allocated to the small claims track.

 

2. The claim be listed for further directions only at a preliminary hearing on the 25th June 2007 to be held at Norwich County Court. ( Time estimate 5 minutes)

 

3.At this hearing the court will consider either:

a) To stay the claim pending the decision in a test case involving the Defendant,or

 

b) To give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose.

 

4. Not less than 14 days before the preliminary hearing, the Defendant shall file with the court and serve upon the Claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the Defendant shall file with the court and serve upon the Claimant draft directions for this case to proceed as a test case.

 

5. The Claimant may make any representations to the court in writing provided these are received by the court and served on the Defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the Judge as to the directions to be given, that party is excused from attending the preliminary hearing.

 

 

ANY ADVISE GREATFULLY RECEIVED, FEELING OUT OF MY DEPTH AND DON'T KNOW WHAT TO DO:???: :???: :???:

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hi siena

i think this is basically 'gee-up' dg into making an offer or getting their wares on the table. i feel an offer coming to you soon. if you don't receive an offer in the next couple of weeks - start getting your 'bundle' ready for the 25th june, don't do it yet, you've plenty of time.

 

fingers crossed xx

If i've been helpful in any way....then tip my scales over there!

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no problem siena - it's much easier than it looks - they are just getting sick and tired of the banks not going to court - so - it is saying that they must show their stuff 2 weeks before the court date and you must show yours 5 days before. this makes total sense as in all previous cases - the claimant has put all their stuff before the court and then - dg offers because they won't show their stuff - so now, they must do it before you - so, don't do the court bundle and all that 600 pages of copying until you know they have submitted their stuff to the court and to you - which they won't....... so it's great news - only just wish it was a quicker court date.

so, nothing to do on the court side of things until 11 june - when they must submit their stuff - so you move over to the nudging side of things -

my newest advice is a nudging letter every 10 days until you get an offer - it's a revision of the old bugging them by phone - and this is more effective - because they can't ignore a letter - they have to file it away - so - both my threads have useful phrases and ideas for letters in post 1 -

take a look and write a letter - then another - every 10 days.New---after 28 Days - Maybe No Aq!!!!!!!

When you have filed your AQ................

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Thanks Netty and Lattie,

 

I hoped you would be around. Sorry I haven't been on for a while. I did think that this letter might be a new tactic by the court to speed things up. Slightly concerned when I read the words,"test case" as I'm not up on the most current information regarding recent cases at the moment. I hope they don't produce anything except a cheque before the hearing. If they do, will I have to send the whole court bundle at this time as this is still a prelim hearing with only 5 minutes allocation. Will send the letters, thank you so much.:D

 

 

This is confusing, I studied law to A level but still haven't got a bloody clue really:confused:

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Hiya Siena, You have got the pre trial review route, have a look at this thread.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/79943-no-aq-straight-pre.html

 

If DG don’t make you an offer and you attend, (they will because they wont want to go anywhere near a District Judge) I think you will have plenty of company. This thread has about 5 people all going to Ipswich on the same day and that’s just the ones we know about

 

pete

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it will never happen - they'll all get offers before then -

just need to keep on top of dg,

letting them know that you know what's up -

once again - i have to say it - if you didn't have this site as a backup - you'd most likely have given up by now - or at least gone through a whole load of soiled undergarments.!

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Lattie

 

I have to admit this site is invaluble. It just makes things so much easier and the best thing is I am not alone and nor are any of you reading this post. We cannot beat the banks without helping each other and Lattie and others like her make it possible to succeed.

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