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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 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.

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      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.

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Me Vs Lowell Financial / ***WON WITH COSTS***


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Hey Shawn, I've only just seen this. Brilliant news, well done. What a sweet result.

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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no cca=unenforceable=debt does not exsist.

Dangerous assumption...!

 

The first two parts are correct but, unless you have disputed the alleged debt ever existed, the original creditor could have a default issued on your credit reference file. The DCA would have difficulty sustaining a default in these circumstances as it was shown they did not have the right to be processing the data as there was nothing to legally enforce the alleged debt.

 

The original debt does still exist, it's just that they cannot enforce payment. Sorry, don't want to p on your bonfire, but worth pointing that out so newcomers reading this don't think it's true...

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Underdog13 I always do, people have helped me on here as well as my sister in law now it's time for me to help people back with DCA's like this, it's funny they think they have power over everyone but in reality they do not, we are all afraid of them but for me I'm not anymore.:) It's thanks to all of you that I managed to get through it all. Thanks again.

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Cheers will all let you know the feed back I get I just havent had time to get round to it yet with family problems today and the day before but tomorrow will be starting with the Echo and any other newspaper that want to listen.

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hillards I think of it that way it might be a dangerous assumption but even my sister in law has said this and she is a higly qualified lawyer no cca no agreement exsisted in the first place and as for the number of defaults Lowell tossers have put on my Credit File I will be getting them all taken off now, the one yesterday should be off soon by order of the judge.

You are obviously unhappy with Lowell, and I would agree that they should remove any default relating to your case, as orderd by the judge.

 

The point I was making is that the original creditor (Capital One) can issue a default as the debt, owed to them in the first place, still exists. It's just that nobody can enforce action. You have never disputed that, in which case they would have persued a fraud case.

 

Despite you saying that without a CCA there is no debt, Capital One could probably prove that you made payment on the account at some point - therefore the account, and in turn the debt, exists.

 

Hope you can see where I'm going with this, and that some people could easily get the wrong signals.

 

You also need to be careful with direct comments against the company you dealt with... They do read these forums, could probably identify you from the details given to date, and request that a judge ask you to confirm how you know their director takes part in the Scottish pastime involving cabers...

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Oh well I know ya looking out for me and all but I'm just saying the ammount of pressure they have put on me and others on here they need to be dealt with and all I'm saying is truth pure and simple, I have heared that the government are discussing this kind of matter about DCA's or have I heared wrong. But I'm not worried about them, oh also hillards how do you know that their director takes part in a Scottish pasttime? Hum?

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...how do you know that their director takes part in a Scottish pasttime? Hum?

there was an allegation made in this thread, but not from me...

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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I think most of us sympathise with your antipathy for the DCAs, Shawn - we just have to be a bit careful about slander/libel, etc; don't want to give them any excuse to come back at us do we;):)

 

I know exactly how you feel; been cagboted once or twice myself for venting my fury:D

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