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    • Feeling tempted to cancel it now but scared that some of the debts will do more Ccj 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 - so effectivly if I'd have not took out the iva I 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years so 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 misold 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 account Lowel 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 creitt file I'd be happy   
    • 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 
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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.  

      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.

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      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.

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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.
      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
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Inside a DCA!


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My companies Data Protection Officer said to me a while back, 'onthebrink, we don't live in a world where privacy means anything anymore, and where our data has a monetary value. Big business pay big bucks for data.'

 

Before submitting ANY data about yourself look and the T&Cs of the website, you may find it asks if you want to receive marketing info but won't detail what they do with your data, just that they will 'use it'. ALWAYS look for a 'privacy' policy and if its missing walk away.

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ALWAYS look for a 'privacy' policy and if its missing walk away.

 

great advice.

 

someone give onthebrink a medal!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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My companies Data Protection Officer said to me a while back, 'onthebrink, we don't live in a world where privacy means anything anymore, and where our data has a monetary value. Big business pay big bucks for data.'

 

They don't even need to pay for it, neither - if it isn't the Banks ditching our personal data in the dumpsters out back, it's the government losing data in the post.

 

The simple answer to avoid identity theft, these days, is to not have an identity. The question is, how far are you willing to go down the rabbit hole to protect (and therefore expose) yourself?

 

Conspiracy theories abound... and rightly so, me thinks...

 

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Car if we was to go down a rabbit hole and have no identy who would the DCAs argue with?

 

I total agree about the identy thing. I was ferious when HMRC lost the data dics. Last i knew is they were searching rubbish dumps for them that bis when they were saying they had more that likely been left in the office of the courier company/ left with a receptionist at the location they were ment to go to.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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cus4loans.co.uk

 

their not even subtle:

 

 

'Cus4Loans.co.uk is a website operated by The Slice Ltd. The Slice Ltd is licensed under the Data Protection Acts. Registered Company Number: 02860905 Registered Office : 25 Ormside Way, Redhill, Surrey. RH1 2LW. Data Protection Number: Z8414369

The Slice is a marketing and IT systems organisation and does not offer any financial advice. Think carefully before taking out a loan.'

 

Give it a try, you'll be lucky to get a response ;)

 

That's what they said about Cabot - Didn't kinda end up that way :D :D

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:-D

 

Sorry to answer PMs here, but if you asked then I'm sure someone else needs to know.

 

Why do DCAs pass my debt on?

 

Basically because they have run the debt cycle and the chance of recovery is nil. As I said in an earlier post, they are working on % of debtors and turnover of accounts. If the supervisor has determined they won't get paid it will be passed on.

 

 

If I move address can the OC/DCA find me?

Not if you move to the moon. :-D . At some point in the future your going to go looking for debt again (sorry credit :wink: ), and they link you with two key pieces of information - you date of birth and you place of birth (the chances of two joe bloggs born in Hackney on the 25 Feb 1905 is rare!), your address is only the first port of call.

 

DCAs have a number of routes to find you -

 

Spoof websites offering credit (you get rejected but they have the info)

Mobile phone contracts

HP agreements

Mortgage applications.

On-line marketing surveys

Electoral register

 

Do you know the name of any of the other 'spoof' websites purporting to be brokers

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Or Miss M Mouse.

 

I can see the letter from them.

 

Dear Mr G Dog.

 

ref XXXXXXXXXXXXXXXXXXXX

 

I am writing about the loan taken out under the above number.

 

GIVE US OUR MONEY BACK.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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LOL well Mr Brown is likely to need a loan as l will be advising companys that if they want there money then they should contact Alistar Darling as he is the chancellor.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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:-D

 

Sorry to answer PMs here, but if you asked then I'm sure someone else needs to know.

 

Why do DCAs pass my debt on?

 

Basically because they have run the debt cycle and the chance of recovery is nil. As I said in an earlier post, they are working on % of debtors and turnover of accounts. If the supervisor has determined they won't get paid it will be passed on.

 

 

If I move address can the OC/DCA find me?

Not if you move to the moon. :-D . At some point in the future your going to go looking for debt again (sorry credit :wink: ), and they link you with two key pieces of information - you date of birth and you place of birth (the chances of two joe bloggs born in Hackney on the 25 Feb 1905 is rare!), your address is only the first port of call.

 

DCAs have a number of routes to find you -

 

Spoof websites offering credit (you get rejected but they have the info)

Mobile phone contracts

HP agreements

Mortgage applications.

On-line marketing surveys

Electoral register

 

LOL well Mr Brown is likely to need a loan as l will be advising companys that if they want there money then they should contact Alistar Darling as he is the chancellor.

 

& as we have seen he likes the money lenders doing all he can to support them........at our expense

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I've just joined "The Cabot Fan Club".... they introduced themselves as the new "owners" of an unenforceable account at the week-end. Deep joy... :rolleyes:

 

PriorityOne! We haven't caught up in ages! It wasn't a Goldfish card was it? If it was, then join the club!:rolleyes:

 

Regards,

 

Corn x:)

 

PS : The Cabot Fan Club are F.A.B. I don't mean the Cabot that prefer the hung, drawn & quartered option!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Congratulation to OTB for a truly amazing and useful thread. I hope you have good cover!

 

I have a couple of questions though :

 

How do you deal with an DCA and their solicitors when you have spent 16 months trying to communicate with them and they have never answered a single, solitary letter and have ignored your SAR and your CCA requests? I am talking around 26 letters in fact, which have all been received and signed for.

 

How do you deal with a DCA who has filed a claim, despite all the above) at county court (a claim that will be fast-tracked due to the size) despite the OC admitting that they converted documents unconnected to the "debtor" in an attempt to concoct an enforceable agreement? Oh and put all the wrong information on it, at that!

 

I am more surprised that the Solicitor for the DCA is extremely well known and "high end" yet they can't respond to letters? Why is that? Further, why they have advised their "client" to litigate is beyond me. Will they withdraw after my defence is submitted? What do you think OTB???

 

I have, thankfully, been able to afford a Barrister (on a time spent and reduced fee basis) to represent me in Court. I ought to say that the reason for this is that in my experience, the Judge does not appreciate a Litigant in Person, however, their tune is very much changed when a Barrister comes into play. That is just from being an observer in Court. I wouldn't put myself through it after that! Sorry that is slightly off topic but was touched on earlier in the thread.

 

Regards,

 

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi all,

 

Just got in from work so no time to respond to questions but I will tomorrow.

 

I do have good cover :-D although I did get a PM from someone I worked with but decided it best not to respond!!!!! He knows who he is ;).

 

Remember....it's good to talk. :-)

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Help! on behalf of a friend

 

Mary ran up debts in 1997 and then immediately left the address with no forwarding address. Mary makes a new start and opens several credit accounts from 2003 onwards at a different address with no connection to the previous address.

 

Mary runs all accounts good, no problems, no ccj etc. Mary gets a letter from DCA recently, stating acting for OC as to whereabouts of debtor. Mary panics and puts letter in the bin. Mary checks Equifax and discovers a search by DCA of reason: outstanding debt. Everything else clean.

 

We do not know if a CCJ or Default Notice was received since Mary left address years ago. Is this statute barred?

 

  • Mary is now worried that old debts will now find her, is he on the radar?
  • How did they trace her after so long?
  • What should she do when the next letter comes through the letterbox?
  • Will her current Credit Cards and Bank accounts now be withdrawn?
  • Mary is vulnerable with terminal disease.

Please help!

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Hi all,

 

Just got in from work so no time to respond to questions but I will tomorrow.

 

I do have good cover :-D although I did get a PM from someone I worked with but decided it best not to respond!!!!! He knows who he is ;).

 

Remember....it's good to talk. :-)

 

Ah! But did he do it on purpose or is he undercover, or is he a shameful debtor like the rest of us????!!!:rolleyes::)

 

I look forward to your response OTB!

 

 

Regards,

 

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Help! on behalf of a friend

 

Mary ran up debts in 1997 and then immediately left the address with no forwarding address. Mary makes a new start and opens several credit accounts from 2003 onwards at a different address with no connection to the previous address.

 

Mary runs all accounts good, no problems, no ccj etc. Mary gets a letter from DCA recently, stating acting for OC as to whereabouts of debtor. Mary panics and puts letter in the bin. Mary checks Equifax and discovers a search by DCA of reason: outstanding debt. Everything else clean.

 

We do not know if a CCJ or Default Notice was received since Mary left address years ago. Is this statute barred?

 

  • Mary is now worried that old debts will now find her, is he on the radar?
  • How did they trace her after so long?
  • What should she do when the next letter comes through the letterbox?
  • Will her current Credit Cards and Bank accounts now be withdrawn?
  • Mary is vulnerable with terminal disease.

Please help!

 

Janesy, I would suggest that you start a thread on this in the General Debt Forum. I would imagine that most of the debts are now statute barred, but it doesn't stop them from searching. I would suggest not responding to any searching letters, although others may disagree.

 

I doubt that current facilities would be withdrawn, especially if they have been properly run. I suggest same regarding her bank account.

 

I really do think that you ought to start a separate thread on this and provide some further information. I hope this helps.

 

Regards,

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Oh god, I'm so sorry...

 

NO NO! Don't apologise! I didn't mean to scare you!!:eek:

 

I just thought that as this thread was about the workings of debt collection agencies, it might be better, under the circumstances, for you to have a whole thread to yourself regarding Mary's issues! New threads tend to get a lot of attention!

 

If you need any help with that, then please do let me know!

 

A hug for scaring you.....:-)

 

Regards,

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Janesy, I would suggest that you start a thread on this in the General Debt Forum. I would imagine that most of the debts are now statute barred, but it doesn't stop them from searching. I would suggest not responding to any searching letters, although others may disagree.

 

I doubt that current facilities would be withdrawn, especially if they have been properly run. I suggest same regarding her bank account.

 

I really do think that you ought to start a separate thread on this and provide some further information. I hope this helps.

 

Regards,

 

Corn x:)

 

A good call Corn :-)

 

Tanz

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