A word of warning

[CleverClogs (RIP)]

Re: A word of warning

Out of curiosity how much do you think we would need to spend to challenge Carey in the courts?????

How fat would be the judges?

[CleverClogs (RIP)]

Re: A word of warning

while your ranting, what about the news that Rangers are gonna be a 3rd Division club lol

Rather than a 3rd rate Premier club?

[CleverClogs (RIP)]

Re: A word of warning

Both judgments work in favour of the banks in most cases.

Parts of Carey can be useful but it would take someone with Paul's or Niddy's skills to pick those bits and turn them to the consumer's advantage. In the meantime a lot of debtors are being fobed off with Carey - making them believe UE is dead and you just have to roll over and pay! and that's just the web forums allegedly set up to help the consumer!

And what of those cases where a creditor can be shewn to have "been creative" in their "reconstruction" of the alleged agreement, such as a purported reconstituted agreement bearing the signature of someone other than the alleged debtor?

Has any prosecution been attempted for forgery and, if not, why not?

[thechippy]

Re: A word of warning

And what of those cases where a creditor can be shewn to have "been creative" in their "reconstruction" of the alleged agreement, such as a purported reconstituted agreement bearing the signature of someone other than the alleged debtor?

Has any prosecution been attempted for forgery and, if not, why not?

Because they will blame an over zealous member of staff and say that they have since been disciplined and it was nothing to do with the higher management.....

I agree though, how the hell they get away with some of the stunts they pull I'll never know...........

[Never-In-Doubt]

Re: A word of warning

I agree though, how the hell they get away with some of the stunts they pull I'll never know...........

backhanders mate - lots of free kebabs and stella me thinks

[baxta59]

Re: A word of warning

This is quite a depressing post really

[Paul.]

Re: A word of warning

This is quite a depressing post really

really?

Ok well then it must be equally depressing to learn that i relied on Carey in HFO v Wegmuller, Cabot v Bachellier, Phoenix v Kotecha, Harrison v Link Financial Limited, Phoenix v Cresswell the list goes on and on and on

It is only as depressing as we want to make it.

[SaltnVinegar]

Re: A word of warning

This is quite a depressing post really

I understand your sentiment but I don't think so. Its no different to the balancing act and risk analysis of undertaking ANY legal defense, UE, Consumer Law or any other.

You make a decision based on the risks and costs, and decide what is sensible based on the evidence to hand and the costs of doing so.

What you have to remember is that the creditors will be doing exactly the same thing.

One of the things to consider with UE is that there may be a possibility your creditors will take court action, and at that point you make a decision to stand your ground or come to an agreement.

Now the odds of a creditor challenging a UE agreement and taking things so far are something else (i.e. so far they are tiny), but that is a risk that each one of us using UE accepts when we start on that journey.

Best
SnV

[MrsD]

Re: A word of warning

well said SnV

If anyone is pursuing UE they must be aware of the risks and downsides as well as the upsides.

It's definitely a marathon not a sprint and it feels very good to be somewhat in charge of the procedure.

Basically what else are you going to do? Pay? Starve? Lose your house?
There are no debt avoiders here, frankly they don't last, they realise it can be hard and they do something else.

You will all note that every newbie is asked to read the diaries and the info threads, no one should approach this without knowing a fair bit about it, if you think, that's how most of us got into debt in the first place, not reading and learning all the consequences of our actions. and there is a endless stream of help avaialble to get us through and we learn more as we grow.

[mgfboy]

Re: A word of warning

I agree Flowerpower that there is a risk in anything and I say use UE if it fits and I'm not say that I wouldn't do it again if I had to.

All I wanted to do was to bring a little balance and for people to remember UE isn't the best course of action in every case.

[baxta59]

Re: A word of warning

Negativity is depressing to me not the process. Any court ruling which finds in favour a creditor who has blatantly forged documents is wholly unsettling. In fact anything that lessens the chances of a win for a debtor is a victory for all creditors as it can be used against further claims. Setting a precidense. Does not lessen the fight if a fight is chosen but it does lessen the chances of a win for the debtor surely? The percentages start to shift however small in their favour.

[pompeyfaith]

Re: A word of warning

There is a risk associated with anything in life: merely getting out of bed can get you in trouble and cooking can lead to injury.

Air travel is meant to be very safe but on the odd occasion planes do crash, yet we are all happy to board a plane to go on holiday, do business or visit family and friends because the odds of something going wrong are very small. If we wanted to be 100% safe all the time we'd just stay in bed!

There's a small risk associated with UE but it's well worth it! All you have to do is compare the diaries here with the ones OTR where people are paying every penny into a DMP to be debt free by… 2024! Whoooha! And even then there's no guarantee you won't end up in court! Let's not forget there's also a small risk of ending up in court when you are on a DMP because they are not legally binding - they can take you to court years after you defaulted and you'd end up with a fresh CCJ that will stay in place another 6 years. Given the two choices above I know which one I prefer!

Even that is not safe !!

[SaltnVinegar]

Re: A word of warning

and cooking can lead to injury.

Only if you cook in the nude and have a low level hob

[helmsman]

Re: A word of warning

There is a risk associated with anything in life: merely getting out of bed can get you in trouble and cooking can lead to injury.

Air travel is meant to be very safe but on the odd occasion planes do crash, yet we are all happy to board a plane to go on holiday, do business or visit family and friends because the odds of something going wrong are very small. If we wanted to be 100% safe all the time we'd just stay in bed!

There's a small risk associated with UE but it's well worth it! All you have to do is compare the diaries here with the ones OTR where people are paying every penny into a DMP to be debt free by… 2024! Whoooha! And even then there's no guarantee you won't end up in court! Let's not forget there's also a small risk of ending up in court when you are on a DMP because they are not legally binding - they can take you to court years after you defaulted and you'd end up with a fresh CCJ that will stay in place another 6 years. Given the two choices above I know which one I prefer!

Spot on I paid cccs for 3 years £30000, debts were still the same some creditors stopped charges after a year some did not, I joined in 2010 I have 2 ccjs both managable lots ue some not, it has been the best thing we have done we have a life now thanks to this site, ok we wont get credit again and we dont want it, obviously others younger wanting a mortgage ect thats a big problem.

[baxta59]

Re: A word of warning

Spot on I paid cccs for 3 years £30000, debts were still the same some creditors stopped charges after a year some did not, I joined in 2010 I have 2 ccjs both managable lots ue some not, it has been the best thing we have done we have a life now thanks to this site, ok we wont get credit again and we dont want it, obviously others younger wanting a mortgage ect thats a big problem.

Agreed in full. This site and the knowledgeable people here have been a beacon of light. The downside will always be when a ruling goes against us but as previously stated there is always that risk. Still frickin depressing tho