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    • 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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    • 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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We are currently going through the small claims process and I have my Proof Hearing at the Sheriff Court on the 14th November but I need some help in gathering evidence to help with my claim. I have to have my evidence for the proof hearing lodged 14 days before the case is heard.

 

I am one of seven allowed in Scotland at the moment, to proceed with my claim even though the test case south of the border is ongoing. I rejected the sist on claim by the Abbey and the Sheriff ruled in our favour allowing the actioin to continue. I have since, lodged an incidental application for the recovery of documents specified in the specificatin of documents process.

 

I managed to get the Sheriff to allow 3 specifications, these were:

1. all computer records, files, documents and financial accounts relating to the contract between the parties in order that excerpts may be taken therefrom at the sight of the commissioner showing or tending to show: a) the contractual terms under which the charges in the pursuer's schedule were payable. b) showing when and on what basis the defender calculated or estimated the amount to be included in its contractual terms in respect of those charges. 2. failing, principals, drafts, copies or duplicates of the above or any of them.

 

As stated any help in producing evidence that will help my cause would be grately received. any T&C's, publications, ways in which to win!!! I am only due £457 but the Abbey I don't think are going to let this one go. They would have already spent £1000's in preparing their case as we have been to court three times now!!

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Hi there, I have no experience in the Scottish courts, but have posted a message for someone more experienced that i to come and look at your post. :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Is this Proof in Edinburgh by any chance?

Aswell as lodging with the court 14 days before the hearing you need to send only a list of that evidence to Abbey.

Regarding the incidental application you lodged can you tell me when you done this and how long the sheriff gave abbey to provide these documents because if they fail that time scale then you could ask the commissioner to recover them on your behalf.

The sheriff clerk should inform you when these documents arrive and then you can go view them and lodge any you wish.

 

What evidence/paperwork if any have you prepared to date?

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Hi There, this is for Edinburgh Sherif Court.

Incidental application: I went to court to have this granted at the begining of the month 02/10/07. I handed Form 15 in to the clerk to have him serve this on the Abbeys solicitors of the 14th this month.

As yet, I have no evidence as I do not know where or what to look for!!

How did you know it was Edinburgh Sheriff Court?

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Hi George,

 

I have been in touch with Mike aswell and he is the one who has directed me to this stage re: incidental application ( He produced it for me). Thank you very much for helping. I will have a look in the info you have sent.

 

Paul

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Hi George,

 

Have had a look at the court bundle, and I am a bit confused as to which one to use as I do not have a copy of the Abbeys defence. I have a letter from Grace Ballantyne, Senior Customer Resolution Manager stating: "I'm sorry that you are unhappy with the charges and I understand you would like these refunded. I can confirm the charges would have been applied correctly, as you would have had insufficient available funds at the time. As such, I am unable to agree to refund any charges".

Just to let you know I had some cleared funds charges and overdraft charges, does it matter what type of charges you have had applied to the account?

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The clear funds is the ABBEY paying for something such as a direct debit or a card transaction without any money being in the account, which in turn put me into overdraft!!

I am sorting the bundle at the moment and have had to delete a few things fromthe witness statement such as CPR!? whatever that is and also the is a section which mentions

The cost to Abbey Plc of a default event: "I am aware of in excess of 200 claims similar or identical in nature to the present case which have been brought against the Defendant bank in the last 18 months. In a significant number of these cases disclosure orders have been made obliging the defendant to substantiate its contention from paragraph * of its template defence that"

I do not know of any template defences!

 

What is Subject Access Request?

 

Where will I find info on the charges tariff for 2003/4/5?

If this does go to proof and they don't settle, I do not have a clue as to what to say!

 

Many thanks, Paul

 

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Ok the SAR is what you send to get your statements.

Template defence, all claimants get standard template, some times it changes slightly but they are templates.

Charges tariff for 2003/4/5............on your statements, do you have terms & conditions?

 

Plenty time to get ready for appearance so dont worry about it.

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  • 2 weeks later...

Just to let you know, I was going to have my proof hearing on the 14th nov. Abbey have decided to settle out of court after a bit of arm twisting. They obviously did not want to produce the documents I asked for under the Specification for the Recovery of Documents. I am going to press them for expenses and keep the case open until the cheque is received!!!

It is satisfying to know that for a total of £450, it has cost them thousands to mount their defence. As soon as the OFT case is finished I will have to go to town on them with the other 2 accounts I had with them.

Thanks again,

Paul

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  • 5 months later...
  • 3 years later...

Hi there

 

I put a full claim to Abbey 3years ago with detailed spread sheet of all the charges amounting to almost £4000.00. I got a letter of acknowledging receipt of my claims. I then got a second letter advising that they were investigating the claim. A final letter came another advising that in view the case going through the courts all cases were on hold.

 

Since then, I have had a massive clear out in my house and I seemed to have lost all the paper work relating to my claim. Additionally Abbey is now Saunterder Plc.

 

Can I still progress with my claim??? HELP

 

Thank you

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Hi there

 

I put a full claim to Abbey 3years ago with detailed spread sheet of all the charges amounting to almost £4000.00. I got a letter of acknowledging receipt of my claims. I then got a second letter advising that they were investigating the claim. A final letter came another advising that in view the case going through the courts all cases were on hold.

 

Since then, I have had a massive clear out in my house and I seemed to have lost all the paper work relating to my claim. Additionally Abbey is now Saunterder Plc.

 

Can I still progress with my claim??? HELP

 

Thank you

 

 

Hi there

 

Nothing to stop you starting again

 

ims

 

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