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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.  

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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.
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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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Debt has spiraled out of control


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Hi 

I have 4 credit cards and a loan total 35k

I have equity in my house that would probably cover it just.

But then be homeless.

 

No debts are secured on my home, only my mortgage,

 

I was made redundant during the pandemic and got a lower paid job, my redundancy payment is running down fast trying to keep up paying them, getting worried about having to sell up.

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use the pro rata letters in the debt collection section of our library.

no-one can force you out of you home for consumer credit debt.

 

are all these debts still with the original creditors or have they been sold to DCA's?

 

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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All with original creditors, no late payments, when my savings run out I won't be able to make payments 

 

Thanks dx100uk 

Much appreciated, are there any case studies how the creditors reply ie threat of charges put on house etc.

 

Income and expenditure what are reasonable living costs i know everyone is different, limits on certain things ie shopping, utility bills.

I don't want to over or under estimate.

 

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  • AndyOrch changed the title to Debt has spiralled out of control

Original creditors don't do things like get CCJ's and charging orders, they are legally remitted to help you by the authorities that govern them.

 

if you pop up the top and click the name of where you posted this thread, you'll see 100's of threads of people doing self help like you

the best thing you can do is read read and read some more, as i can tell by your charges on house comment that you are very green and think your world could fall over and you need to sell your home etc.. YOU DON'T.

 

you only have to pay SOMETHING even if its as little as <£10PCM to each. all consumer credit is NOT classed as priority debt. Priority debts those are things that DO keep the roof over your head like rent/mortgage, gas/electric CTAX and must come 1st.

 

 

  • Thanks 1

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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  • 3 months later...

Hi do I wait until the oc put my debts into default before I send template letters off to them, I have cancelled all direct debits this month. My connected post to this subject has been closed due to time lapse.

Thanks 

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  • AndyOrch changed the title to Debt has spiraled out of control

Start the process of communicating with them now, the sooner they know you're having financial difficulty the sooner they can offer ''assistance''.

 

Keep a diary of events, keep everything in writing, obtain proof of posting which is free from the PO counter, are there any fees/charges on the accounts that you can reclaim?

 

Who are the four cards with?

And who is the loan with?

 

 

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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Hi thanks for quick reply.

 

All cards with oc

mbna,

hsbc,

tesco,

barclaycard, 

loan with tesco,

 

never missed a payment but over last 6 month dropped down to minimum payment, due to 20% drop in income

 

being furloughed 9 month last year, made redundant end of last year, took a lower paid job, now currently on sick leave on ssp, so very little income.

 

it's now come to a head where I have to send the letters of explaining my situation.

Many thanks Mick

 

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Have you run your details through a benefits calculator ?  Websites such as Entitledto and Turn2us have benefit calculators.  Worth checking just in case you have some entitlement.

 

You should have communicated with the creditors as soon as you were in a hardship position.  But definitely do this now ensuring they know of health and financial hardship.

 

 If you are a fairly new employee, the period you will be paid for will have a cut off point.  Have your employers advised you on this ?  You can claim Universal Credit, as that benefit is for people who are in work, not working due to health or unemployed.  The benefit is adjusted depending on the amount of earnings during a month.

 

WWW.UNDERSTANDINGUNIVERSALCREDIT.GOV.UK

Find out about the benefits you could apply for if you're affected by coronavirus. Eligibility rules and how to apply for Universal Credit, JSA and...

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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Thank you,

I will look into this my partner has an income approx 1k per month, but she's not on cards only on the loan and mortgage. How does this affect income expenditure etc, do they expect her wage to come into the cards. 

 

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no.

 

did you send those pro rata letters off 4mts ago as advised?
 

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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Ignore the OH income, she is only jointly responsible for the mortgage and the loan.

 

And as DX asks, did you send the pro rata letters?

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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Hi. dx 

No i didnt I carried on paying what I could using my income and savings, but the crap hit the fan about a month ago, first partner was off work then me. I tried to keep my credit record good but suppose in reality nothing getting better.

 

Just drawing up income and expenditure won't be much left with ssp could be off 2 or 3 month.

letters will be off this week. 

Cheers for reply 

 

Nothing I can claim on benefits side of things,

 

I will have to submit 2 different income and expenditure, one single ie my debt to the cards and another joint for the loan,

bit confusing,

what's lowest they will accept nothing left,

maybe I can play around with it for to make a small payment.

Cheers

 

 

 

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It's not a case of you asking them (or the people here) what the creditors will accept, it's case of you telling them what you will pay them.

The time to have been worrying about saving your credit file was 4 months ago when at least 2 people advised you to get in touch with your creditors, before the proverbial hit the fan, and while there was an opportunity to drop your payments by way of agreement with the creditors.

 The only thing that may, possibly, save your credit file now is if you agreed to pay the cards off in full right away.

If you can't do that then it's already too late and it's very likely your creditors have already, or will very shortly, start to trash your file.

I don't think anyone's asked you this yet; when did you take out these cards and the loan?

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Hi, 

All letters sent out with offer of payments, expecting contacts from them in next few days nothing in default yet 18th of month will be the first missed payment on the loan. I wasn't ignoring dx100uk advise, maybe trying to save face and get some other kind of income.

Loan 4 years old 

2 cards over 5 years 

2 cards approx 2 years 

Thanks 

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just do as you say and pay what you said and when.

don't expect many to accept your offer.

 

 

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 people

Been a week since i posted pro rata letters 1st class to creditors so they probably got them on Monday I was expecting phone calls or letters to come from them, I've not heard anything until a text message today from a card stating payment is due today if unpaid a £12 charge will be made.

Should I phone them and tell them I've sent letters

 

Cheers

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1st of all you never ring or talk on the phone to anyone...

writing only.

 

2nd you pay what you said when you said you would. as above.

 

should they still continue to levy unlawful penalty fees, you send the 2nd letter and drop them to £1PCM for life

 

take control, it's YOUR MONEY, don't be controlled.

 

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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Cheers dx, thank you.

Think they are ignoring my letters as I sent out 2 other letters same post changing my direct debits to insurance companies they have received them and processed them to my new account.

Regards 

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  • 1 month later...

Hi Sent the 2nd libary letter off, none have accepted my 1st offer or even indicated they have received the first letter, getting phone calls and voice mails daily, (I've not answered them) I've letters coming weekly to phone them to discuss. Also late charges being applied to accounts. 

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Let them get on with it then and shoot themselves all in the foot

  • Thanks 1

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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Share on other sites

  • 2 months later...

Ok here an update on situation.

All but one of my creditors have put my accounts on hold until 22/11/21, which is fine seeing I was off work sick for 3 month, the time is given for me to get an up to date income and expenditure sent off.

 

The one creditor has been adding interest and late fees on my account and ignored all letters I have sent, I get phone calls, messages, letters etc of them regularly, they have not responded to my original letters to them regarding my situation. I have now had visit of resolvecall agency.

 

I was not in but a note was put in my letter box, I'm assuming it's from them.

Do I make contact or ignore them or do I contact the creditor again.

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just remember doorstepper DCA's are no diff to the letter writer debt buyer

they have zero legal powers and are not bailiffs

if you do meet one, simply film them on your phone

do not engage

tell them leave your property never to return else its police 101 time.

 

as for the creditor not responding by freezing int and unlawful penalty charges.

 

send the failed (2nd) pro rata letter.

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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  • 7 months later...

Last year I sent in my income and expenditure, with an offer of payments.

I haven't been contacted by my creditor's but all have now been passed to debt collection agency,

 

One dca caught me off guard on a telephone call, I made a complaint about this to the dca that I had offered payment and not had any response from my creditor, they then said they would send my files back to the creditor and close my file which they have, the creditor then sent me a letter apologising for this mistake and offered me £75 as compensation which i cashed last week.

 

I'm now thinking that they have breached GDPR and now looking to buy a way out

 

Any advice maybe all the others have breached GDPR how would I find out, and could I still make a complaint against the one that sent £75 

 

Cheers

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not really,  dont be greedy but keep all the stuff as it might useful later.

so no notice of assignments yet? so none have been sold to dca's?

 

you dropped everyone to £1pcm that didnt comply with freezing interest and penalty charges i hope?

 

 

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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