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    • dx100uk
      Iva with Hanover now been passed to credit expert

      By dx100uk · Posted

      god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Alfy
      Iva with Hanover now been passed to credit expert

      By Alfy · Posted

      Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Littlewoods - is it possible?

165721

By 165721
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165721

165721

Posted
Posted

Hi,

 

Does anyone know if it is possible and indeed if anyone has claimed charges back from a catalogue company, in particular Littlewoods. Their charges on my account amount to about £200.

 

Would welcome any comments!

 

Jack

Jack

 

Littlewoods Catalogue, won £300 back by default.

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jonni2bad

jonni2bad

Posted
Posted

If their charges are for the same things you have seen in relation to banks, then yes.

 

Late payment fees etc - just follow the proceedures shown here and you'll be fine.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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165721

165721

Posted
  • Author
Posted

Yes the charges are £10 for failed payment and £5 arrangement fee. Sounds promising. I will be sending in the request for charges this week. Thanks for your input!

Jack

 

Littlewoods Catalogue, won £300 back by default.

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BotB

BotB

Posted
Posted
£10 for failed payment and £5 arrangement fee.

 

Would they not be entitled to rely on the OFT pronouncement that £12 or less is an acceptable level of charge?

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Bookworm

Bookworm

Posted
Posted

The OFT did not say that at all.

 

They said that £12 was the level at which they would take legal action (themselves), but that a charge below £12 was not necessarily acceptable either, and that only a court could decide what was lawful or not, and that customers should pursue if they thought they had been overcharged.

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BotB

BotB

Posted
Posted
The OFT did not say that at all.

 

 

As good as. They have set their tolerance level at £12.00 i.e. they won't take any action for less than that. I'm not sure why that's the magic figure, was it plucked out of the air?

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jonni2bad

jonni2bad

Posted
Posted

Then perhaps you need to read the whole statement.

 

At no point have they mentioned any figure that IS acceptable. They have only said that the figure will be for a court to decide.

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..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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BotB

BotB

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At no point have they mentioned any figure that IS acceptable. They have only said that the figure will be for a court to decide.

I disagree.

 

Quote from OFT statement April 2006:

 

......The threshold is £12.

 

Our presumption will be that credit card default charges set above this level are unfair unless there are exceptional factors.

 

Conversely, in line with our current enforcement priorities, we do not propose at present to consider legal action where charges are set below £12.

 

We will regard default charges set below the threshold as either not unfair or insufficiently detrimental to the economic interests of consumers in all the circumstances to warrant regulatory intervention at this time.

 

Yes, the Court is the tribunal to decide. But how? If there isn't any evidence produced by the claimant or the defendant to indicate the true cost then the Court certainly will look at the OFT's guidelines, being the only evidence on which to make a decision. Merely addressing the Judge to the effect that you believe the charges to be unfair is not evidence that they are in fact, unfair.

 

Yes I did read the whole statement. And more. So please don't jump on me for flagging up with potential claimants points they do need to think about in preparing a case.

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jonni2bad

jonni2bad

Posted
Posted

From their statement....

 

"Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change its practice without litigation. It is supported by detailed guidance to the industry as to how to reduce the likelihood of public enforcement..see note 2"

Note 2 - This reflects the OFT's duty to target its resources on serious consumer detriment as a priority over cases involving less harm to consumers.

"Only a court can finally decide whether a charge is unfair or not. The OFT has today set out a statement of its view of the law. This has not generally been accepted by most of the eight credit card issuers."

 

However, we are now hijacking the original thread with separate issues. Perhaps any further points on the OFT statement could be made under separate thread please.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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165721

165721

Posted
  • Author
Posted

I sent my preliminary letter in on 06.06.06, but have not recieved a reply. According to the post office this item was not signed for.

 

So I suppose I must assume that the post office lost the item of mail and I will have to send it again, but with an amended amount of £215 as I have been charged since sending the letter.

 

I am right in thinking if there is no tracking data then I cannot assume that they recieved it aren't I?

Jack

 

Littlewoods Catalogue, won £300 back by default.

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Bookworm

Bookworm

Posted
Posted

Actually no. A letter is deemed received 2 days after sent by regular post. In your case, however, because you sent it recorded and it wasn't signed for, you're probably going to have to do it again.

 

All you need is confirmation you have sent it, not that it has been received. I suggest sending it normal, but go to the PO and get a certificate of posting (free). Whether they acknowledge it or not is their problem, you have proof you sent it.

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oooeee

oooeee

Posted
Posted

Hi there, my daughters littlewoods charges (£30 this month alone) are listed as administration costs at £10 a go. do you think i still have a chance of claiming this back? just wondering as they have not listed it as a penalty for late charges. any advice would be greatly appreciated. my daughters balance has gone from £50 to over £200 in just three months!!!

oooeee

 

As a mathematics degree student i know their figures don't add up!!!! join the Revolution!!!

 

 

 

Nationwide Building society £1778.55 LBA sent 22.06.2006 Claim filed at Truro court 07/07/2006 for £1842.78 Acknowledgement recieved 19/07/2006 "intend to defend". £246.73 (interest on amount) paid into account 20/07/2006 Remaining £1595 paid into account 21/07/2006

Littlewoods catalogue looking into late charges. £80 of charges made phone call 16/07/2006 letter going out 21/07/2006

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165721

165721

Posted
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Hi all,

 

Finally got my holding letter from the company solicitors, at least they yhave acknowledged me! It says to wait for further communication.

 

I guess as this is not a positive response and we are now 20 working days from sending the letter in, I now send in the letter before action? Any advice? Should this letter now be addresses to the solicitor?

 

Thanks in advance for your help!

Jack

 

Littlewoods Catalogue, won £300 back by default.

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Bookworm

Bookworm

Posted
Posted

Yep. Your claim, your deadlines.

 

Not working days, btw. 14 days is 14 days.

 

So, LBA, 14 days, then sue. That's how it goes. If it was the other way round, would they wait for you to hum and haw while you decide whether to pay tem or not? What do you think?

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165721

165721

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Before I do though a little general advice requested...

 

The letter I have recieved is signed personally by the company solicitor. Should further correspondance be directed to that person or to Sir/Madam?

 

Thanks!

Jack

 

Littlewoods Catalogue, won £300 back by default.

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jonni2bad

jonni2bad

Posted
Posted

Best of luck with it.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Ron Baker

Ron Baker

Posted
Posted

My wife had a dispute over a balance outstanding with Littlewoods for a second time.

 

She wrote a letter requesting a copy of the consumer credit agreement for starters and how they have come by the disputed balance, as she had paid it, and had proof… at the same time she requested the information under the data protection act on her account going back the last 6 years… and an explanation on their £15 amendment fees they add on.

 

Low and behold she gets a phone call from a lady named Amanda, saying they had found the payment details of the disputed figure and will amend her account.

 

Amanda then asked my wife if she was happy with the outcome, and that should be the end of the matter, to which my wife said no, I still require the information as requested…. Amanda then said to her, you don’t want to go down that road do we, as it will cost you £10,…wife said’ “yes I do”, fine said’ this Amanda, and put the phone down on her.

 

She got a DP2 form but no copies of any consumer credit agreement.

 

She has completed and sent this DP 2 form along with the £10, and covering letter stating they have 40 days…. she now awaits the information.

 

Ron

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165721

165721

Posted
  • Author
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Court claim in but have recieved a response from my LBA saying that they believe their charges are fair and a cheque for £20 as a gesture of goodwill!! Should I respond to this/send the cheque back/or what!? Its a joke!!!

 

Well we will find out if they still want to fob me off in the next 2 weeks. Beware... they do not reply in the timescale required by the customer...

Jack

 

Littlewoods Catalogue, won £300 back by default.

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jonni2bad

jonni2bad

Posted
Posted

Just inform the court at the AQ stage that your claim is now for £20 less - cash the cheque!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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