Jump to content


  • Tweets

  • Posts

    • 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.
    • depends who said sols state their client is. IDRWW vis~IDR(worldWide) are a debt collector regulated & registered in the UK & USA    they are not solicitors. they use various 'for hire' - here use our letterhead paper tiger solicitors. its just a case of who's stupid enough to join their folly. IDR law used to be their fav but they lost do much money, they broke ties after almost being struck off and now do Will/Probate disputes only. IDR Legal are their sols wing. moriarty law Judge and priestly Taheel - a foreign DCA that use absolutely any trick in the book to extort money even pretending to be any of the above inc being the bank themselves in phone calls.           
  • 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

Marlin - Assigned debt now SD


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

Thread Locked

because no one has posted on it for the last 5143 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

  • 1 month later...

Lilly - I have 2 accounts from YB that Marlin have - one is for 1800 overdraft which Mortimer Calrke (Phoenix) have issed a stat demand in July - despite me telling them I had disputed this amount (unfair charges etc) and they have listed a Bankruptcy petition hearing at Court - except they HAVEN't told me !!! I found out after getting a leter from the Land registry - after writing 3 times to MC to let me have dets of the hearing they have replied and said they have applied for an adjournment as they did not get the papers from court in time --- THING IS - the Court dont know any of this !!!! I rang them and said there was no application for adjournment -- PLUS - I have SAR'd YB who have sent me just account statement copies and NO copy of Notice of assignment-- am now having sleepless nights as I now have to go to court Friday and ask that this be thrown out -

 

Any advice/reassurance you have will be gratefully received X

Link to post
Share on other sites

  • 1 month later...

Lilly (or anyone else who can help please ) - I cant seem to open a new thread on here - the date i referred to last was adjourned as Mortimer Clarke sent a letter asking for it to be so - I had sent a form 6.19 opposing the BP - but have not heard from the court about that - I have received a date from court for 18feb (tomorrow) for the "FURTHER HEARING OF THE PETITION " but I have still not had anything from the other party (petition papers or anything)

 

I have seen athread this morning that says the SD is only good for 4 months - mine was served 17th July 2009 - does that mean court will strike the petition out tomorrow if I ask ?

 

Also - this company have caused me no end of stress - cant afford a solicitor so am trying to get all my help and advice from here - can i ask for costs to be awarded tomorrow on the day ?

 

thanks for listening

Link to post
Share on other sites

You should be asking that they throw it out on that basis... request your costs for attendance (but as you submitted nothing the court might just make a no costs order to save hassle).

 

If you do make a costs request draw up a brief schedule... £9.25 an hour for work undertaken as a LiP... travel rate of £0.40 per mile (or your bus/taxi fare but you need receipt for it)... max of £50 for missed wages.

 

Be cheeky... ask or you don't get.

Link to post
Share on other sites

  • 1 month later...

Hi Samba - just to update you the hearing in Feb never went ahead - MC asked for an adjournment as "they had no time to serve docs" -what a nerve - they havent even tried - the court adjourned it for a hearing 22nd March - and i rang court today and MC have made an application to "serve papers alternativeley" ie not by personal service just through the post - me thinks they are just prevaricating and I told court so....STILL havent received SAR docs from YB and have chased them up - according to the Post Office they havent even collected the recorded delivery letter !!!

I contacted a solicitor but at £110 per hour fee would be just impossible - I feel 90% the judge will throw this out once it does get there - but what can I do in the meantime ?? Its all rather stressful !!!!

Link to post
Share on other sites

Hi Samba - thanks for your words....I went today and it was adjourned AGAIN (4th time) the judge was surprised to see me as I have not been sent any papers or anything to do with the case. I found today that the other side had applied for alternative service of docs as their process server has been to my house numerous times and not managed to see me - I DONT BELIEVE THEM...........I think it is another attempt to delay all this and put more prssure on me - and its working !!!!!! :mad:

 

I am now resigned to going to see a solicitor - its all getting too much - jusdge said he could strike it out but didnt - he adjourned it - the other side didnt even show ----

Link to post
Share on other sites

  • 2 weeks later...

@Winkermanda

 

Could you post a summary of what has happened so far please.

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

  • 3 weeks later...

Just to update - And ask for a spot of HELP too- the DJ refused MC application to serve personally so I go to court today and their agent Sol serves the document on me - not sure this is the right doc however - and the DJ adjourned for another day (TBA) - can anyone check my SAR - that YB have not fulfilled and the document I got today ????? help help help !!!!!!!!!!!!!!!!!!!!

Link to post
Share on other sites

GH - sorry didnt see your post - quick resume of my case -

debt = Yorkshire BAnk overdraft (2k) stopped banking with them in 2007 as their fees /charges extortionate

They referred the matter to 3 different DCA when I mentioned to them it was disputed debt (I told YB it was made up of unfair back charges ) - they stopped contacting me

 

MC Sols contacted me July last year with a Stat Demand - they would not listen to me about the debt being disputed (said YB have no record of my complaint when clearly they did )

So - Stat demand issued - I was given bad advice so not set it aside

since then MC Sols claim to have been trying to serve BP docs - and got to court today to be "served" by agent sols.

I have sent YB a SAR on Nov last year but they have only sent copy statements - NOT NOA or copy correspondence to MC Sols etc - or my original agreement with them .....

 

ANY help would be graetfully appreciated

Link to post
Share on other sites

not hot on SDs but can you not apply for it to be set aside now??

 

AFAIK there is no time limit, especially as information has come to light that was not available at the time

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

  • 3 weeks later...

Can anyone help - judge didnt throw the case out - MC sent an agent who served me a BPO on the day !! now listed for end of May - I am in the process of filing a form 6.19 and sending the judge a letter and copy docs as I do feel a bit intimidated in front of them - can anyone help with looking at my case in detail and give me some tips ?????

 

PLEEEEEEEEEEEEASE :(

Link to post
Share on other sites

which case?? BPO ??

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

Yes the BPO hearing _ worry that the DJ will make an order for what seems just nonsense and because i cant say the right things at the right time it just might happen !!!!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...