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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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I'm in a Fee charging DMP but want to do it myself now irresponsible lending claims?


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I'm looking for a bit of advice in regards to irresponsible lending.
 
I took out a credit card with Aqua and the initial limit was £1200 I believe,
 
I had no trouble initially paying the bill but then Aqua kept offering me credit increases and each time I was offered it I took it and it eventually ended up being a limit of £6100.
 
Eventually I maxed out the card and I was struggling to pay the min amount
I eventually arranged a repayment plan with Aqua of £145 a month, eventually I got the balance down the current amount of 2800.
 
I am now on a debt management plan and the Aqua debt is included with several others.
 
Have I got grounds for going down the irresponsible lending route and if so how do I go about it, especially as I am on a DMP.
 
Many thanks in advance 😃
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DMP is with DFH (it's a paid one and I know you guys frown upon those ones) but I would rather be in a DMP that has a short life span rather than a massive multi year one with step change.

the debts themselves are quite recent and only came about due to my partner losing her job and as a result our household income has dropped £2k a month so my finances would only stretch so far.

none of the debts are historic they were all ones I could easily afford until the recent change of circumstances 

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  • dx100uk changed the title to in a Fee charging DMP but want to try Aqua (Newday) credit card debt/irresponsible lending claim
  • 3 months later...

Hi,

I am currently trying to negotiate pro rata payments with Salad Money, I have emailed them an income/expenditure form and they have replied back saying they cannot accept this form and instead they want me to use the open banking process instead which I am unwilling to do.

What can I do to move this forward, I have attached a copy of our correspondence 

many thanks

 

 

 

Salad money Comms.pdf

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  • AndyOrch changed the title to I'm in a Fee charging DMP but want to do it myself now irresponsible lending claims?
  • 1 month later...

Hi Folks, 

Looking for a bit of advice/guidance.

i am currently on a debt management plan and one of my creditors was refusing to freeze the interest on the debt.

I subsequently wrote to the creditor and said the following to them.

"The FCA says in CONC 1.3 that being in a debt management plan may be evidence of financial difficulty. But you are still charging interest or adding charges to my account.

The majority of my creditors have accepted my offer of payment, agreed to freeze interest, and are not adding charges.

Your refusal to freeze interest is prolonging the time it will take me to clear my debts unreasonably.

Continuing to add interest is not fair. And it is breach of the Consumer Duty as you are making it more difficulty for me when you have been told that I am in difficulty.

I am asking you to reconsider your decision and to freeze interest and stop adding charges to my account."

They have subsequently agreed to freeze interest but they are not budging on my request to refund the interest they continued to apply,

has anyone had any success on getting interest refunded from a creditor and if so how did you go about it and do you have a template of the letter you sent.

Thanks

Paul

 

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The company is my community bank, I took out a loan for £5000 in March 2023, I was making full payments until a dramatic change in circumstances meant I was on a DMP form July 2023.

My Community Bank applied a default on the loan in March 2024, even though I was using a DMC from July 2023 to January 2024

they were aware I was on a DMP,

it wasn't until I emailed them on 4th April 2024 did they agree to freeze interest.

They applied default on the loan on 13th March 2024.

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DFH were the debt Management company and My Community bank were aware of the situation.

i even had to send a cease and desist notice to them due to phone call harassment 

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I am have an arrangement with most of my creditors, they all agreed to freeze interest at the time the DMP started with the loan exception on My Community Bank.

I was with DMC until January just gone, since then I have been taking care of it myself and until recently My Community  Bank were the only one not playing ball.

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Here is a list of the creditors and what the current balance owed to them is, at the current rate I am paying I should be debt free between 18 and 21 months. 
 

My end of March payment has  not been included to they are not 100% accurate 

Creditor Name

Estimated Balance

Barclays Partner Finance

£3385.41

Capital One Credit Cards

£909.98

Creation Consumer Finance Ltd

£22.28

JN Bank

£8615.08

La Redoute

£182.52

Lendable Ltd

£1214.98

Link Financial Ltd

£2413.46

My Community Finance

£4227.15

Next Directory

£337.28

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Posted (edited)

Original creditor for Link was Aqua, the original debt was for £6k, prior to the debt being passed on to Link it was reduced to £3k following a claim for irresponsible lending.

Edited by Scouse Paul
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I have now got a creditor who will not accept an income/expense form, they want access to my account using open banking which I do not want them to do.

Can they refuse an income/expense form as this is the usual way to communicate your finances with them.

The creditor is salad money.

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