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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?   
    • 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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LLOoyds/SCM claimform - Lloyds loan **SUMMARY JUDGEMENT DISMISSED ** BATTLE CONTINUES


Tonka99
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Hi Tonks

 

Looks like they are getting nervious.I trust you have read up on Part 36 offers?

 

Regards

 

Andy

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Hello Andy & all:)

 

Hope your well

 

Could please tell me if a case summary is their defence

as they had to have the defence in by yesterday, it was on

the back end of the pre trail list along with their costs so far.

 

Thanks

 

Tonks:)

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It is Tonka

 

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hello Andy & all:)

 

Update

 

Had a letter from the courts yesterday the trial has been

moved to another court , phoned court to ask why told

because its a Multi Track case.

 

Today had a letter from **** dated 26th Oct

 

"We write further in the above matter and particularly the

Order of sept 21st for filing a Reply & Defence to your Amended

Defence and counter claim.

 

As you are aware, the Order required you to file and serve your

Amended Defence and Counterclaim by 6th Oct , however we did

not receive these documents until 19th oct .

 

We therefore request that you confirm your acceptance of the

extension of the time for completion of part 3 of the Order till 30th

Oct . We believe that this will not affect the timetable of the trial

in anyway."

 

Well I sent the docs by Special Delivery and have printed of a copy

for the court it gives the time and date and was delivered 10 days

before they claim it was :D

 

I think a letter to say try again you will have to do better than that

any excuse to be late again , all good for the bundle , I will be so glad

when this is all over and then maybe i can get on with my life;-) not

long to wait now.

 

Thanks for looking

 

Tonks:-)

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Tonks I have gained a similar attitude towards them! I wonder if it's a ply to get us off guard and write/say something we regret? Also It may be an attempt to gain the moral high ground with the court. I'd make sure the court knows the delivery dates when I said no!

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HI Kel

 

Thing is they needed to have their defence in by the 26th

and i only got the letter today DATED the 26th well will have

to see what tomorrow brings .

 

Good luck with your SJ next week

 

Tonks:)

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Hello Andy & all:)

 

Update

 

Had a letter from the courts yesterday the trial has been

moved to another court , phoned court to ask why told

because its a Multi Track case.

 

Today had a letter from **** dated 26th Oct

 

"We write further in the above matter and particularly the

Order of sept 21st for filing a Reply & Defence to your Amended

Defence and counter claim.

 

As you are aware, the Order required you to file and serve your

Amended Defence and Counterclaim by 6th Oct , however we did

not receive these documents until 19th oct .

 

We therefore request that you confirm your acceptance of the

extension of the time for completion of part 3 of the Order till 30th

Oct . We believe that this will not affect the timetable of the trial

in anyway."

 

Well I sent the docs by Special Delivery and have printed of a copy

for the court it gives the time and date and was delivered 10 days

before they claim it was :D

 

I think a letter to say try again you will have to do better than that

any excuse to be late again , all good for the bundle , I will be so glad

when this is all over and then maybe i can get on with my life;-) not

long to wait now.

 

Thanks for looking

 

Tonks:-)

 

 

They do so hate it when you provide evidence of receipt of paperwork from the Royal Mail Website:D

 

Have they submitted everything they should have done ?

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Hello Andy & all:)

 

Do I need to write a letter to say I wont be taking them

up on their PPI settlement offer ,and about the agreement

to allow them extra days to get their defence in ,they have tried

to blame me but on cigar:p

 

Thanks for looking

 

Tonks:)

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Without Prejudice offer made under part 36 of the CPR

offer made 13th Oct .

The claimant accepts that the PPI policy COULD :D have been mis sold

and this offer is specifically in settlement of your counter/claim

Upon accepting this offer within the time you will become liable

for our costs up to the date :D you serve Notice of Acceptance

lots of waffle about them getting a judgement ect:rolleyes:

then " if you require further clarification of this offer you may no later

than 21st Oct request that we provide such clarification".like TODAY:rolleyes:

 

If you accept this offer it will amount to a settlement of the C/C the

claimant will however continue with their claim for the remainder of the balance outstanding less the amount of refund mentioned above :eek:

 

Hi tonks I trust you are well

Obviously they dont comprehend the damages limitations of their action re miss sold PPI and the fact that it renders the whole agreement unenforceable anyway.

Perhaps a little response of thanks but no thanks I will get more if I proceed to trial might jerk them to their senses.

 

Regards

 

Andy

Edited by Andyorch

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Perhaps a little response of thanks but no thanks I will get more if I proceed to trial might jerk them to their senses.

 

Just a thought but personally I'd like to mention the recent case of a credit card debt being quashed due to PPI in any case involving PPI now. Just quoting the parties involved should be enough.. it got enough press :-D

 

Judge quashes woman's £8,000 credit card debt in 'landmark ruling' on mis-selling of payment protection insurance | Mail Online

 

S.

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Thanks for that Shadow you understood what I was referring to.

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy & Shadow :)

 

Thanks for that , in my C/C part 20 i did refer to the

case in question, also in my amended defence .

 

This principle that a mis sold insurance policy is capable of

tainting and invalidating the entire agreement is likely to become

a very dominant feature in challenges to the Consumer Credit Act

agreements.

 

Will drop them a line tonight then

 

Many thanks for your help

 

Oh what should i be doing next only one month left now

 

 

Thanks Tonks:)

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Sharpening your knife:D or is that sword

 

If you could post up your response Tonks.

 

Regards

 

Andy

We could do with some help from you.

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Hello Andy & All:)

 

How does this sound

 

 

 

TONKS @ Home

 

 

Date 02 November 2009

 

 

SCM Solicitors

Dept. SO

PO Box 499

Second Floor

Three City Park

The Droveway

Hove

East Sussex

BN3 7AU

 

 

 

Lloyds TSB Bank plc-V- Mr Tonks

Claim No mmmmmm

 

 

Dear Sir/Madam

 

 

I write in response to your letter dated 13th October 2009 which was received here on

21st October 2009 .

I will not be accepting your refund Loan Protection Insurance offer as I do not except

that I am only entitled to the premiums paid , and will continue to proceed to trial.

 

 

In response to your letter dated 26th October 2009 received here on the 29th October

 

 

I do not give any acceptance of any extension for completion of part 3 of the Order

as I have proof that you did indeed receive my documents i.e. : Pre Trial Check-list

Amended Defence & part 20 Counter Claim on the 9th of October2009 @10:37.not

the 19th October 2009 as you have stated in your letter dated 26th October 2009.

 

 

 

 

Yours Faithfully

 

 

Mr Tonks

 

 

Will be posting SD tomorrow Tuesday .

 

Thanks for looking

 

Tonks:)

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Good Tonks but I'm sure we can ruffle their feathers a tad more if you will allow me in the morning:D

 

2nd part is excellent

 

Sweet dreams

 

 

Andy;)

We could do with some help from you.

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Dear Sir/Madam

 

 

Further to your letter dated 13th October 2009, received on 21st October 2009.I must admit I am rather bemused at receiving such conformation from a company of Solicitors that the PPI element of my counter claim was in fact mis sold however thank you for the conformation.

I'm sure you are aware of the recent case at Newcastle-upon-Tyne County Court, Deputy District Judge Jacqueline Smart ruled that the PPI policy had been unfairly imposed, ruled such an arrangement to be in breech of the Unfair Relationships and Unfair Consumer Credit Act Section 78, and subsequently the FSA announced a package of tough measures to protect consumers in the PPI market.

On that basis, unfortunately I will not be accepting your offer nor your costs and therefore my only option is to proceed to trial, not only to recoup mis sold PPI but request damages in this matter also.

 

 

 

In response to your letter dated 26th October 2009 received here on the 29th October

 

 

I do not give any acceptance of any extension for completion of part 3 of the Order

as I have proof that you did indeed receive my documents i.e. : Pre Trial Check-list

Amended Defence & part 20 Counter Claim on the 9th of October2009 @10:37.not

the 19th October 2009 as you have stated in your letter dated 26th October 2009.

 

 

 

 

Yours Faithfully

 

 

Mr Tonks

 

 

Ok Tonks?

 

Regards

 

Andy

Edited by Andyorch

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Dear Sir/Madam

 

 

Further to your letter dated 13th October 2009, received on 21st October 2009.I must admit I am rather bemused at receiving such confirmation from a company of Solicitors that the PPI element of my counter claim was in fact mis sold however thank you for that information.

I'm sure you are aware of the recent case at Newcastle-upon-Tyne County Court, in which Deputy District Judge Jacqueline Smart ruled that the PPI policy had been unfairly imposed, ruled such an arrangement to be in breech of the Unfair Relationships and Unfair Consumer Credit Act Section 78, and subsequently the FSA announced a package of tough measures to protect consumers in the PPI market.

On that basis, unfortunately I will not be accepting your offer nor your costs and therefore my only option is to proceed to trial, not only to recoup the mis sold PPI but to request damages in this matter also.

 

 

 

In response to your letter dated 26th October 2009 received here on the 29th October

 

To claim that I have not complied with the order for Part 3 completion is somewhat perplexing since I have proof that you in fact received my Pre-Trial Checklist, Amended Defence & part 20 Counter Claim on the 9th of October 2009 @10.37hrs & not some ten days later as claimed in your letter dated 26th October 2009.

I therefore do not give any acceptance of any extension for completion of part 3 of the Order.

 

 

 

Yours Faithfully

 

 

Mr Tonks

 

OK Tonks?

 

Regards

 

Andy

 

Have made some adjustments but won't be offended if you tell me to bog off :lol:

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You altered Tonks second part MKB ,excellent does read better.

 

Andy

We could do with some help from you.

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Hello All:)

 

Thanks for that Andy & mkb

 

Just had delivered their defence which is somewhat late

should have been in by the 26th Oct shall i still send the

letter and keep one for the court

 

Would you like me to post it their defence up , it does mention

CAG and the default notice they took off the site

 

Thanks

Tonks:)

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Why not Tonks

 

We could do with a little light hearted read;)

 

Regards

 

Andy

We could do with some help from you.

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Ok Andy

 

Im so p**** off with them they think any old time

will do well it wont:mad:

 

Will post up tonight or sooner if poss seems we have the

same Barrister that we had a the SD trial

 

Thanks for the help

Tonks:)

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Just subbing this thread - have read all 18 pages with interest. Have no particular interest in this case as my issue is rather a secured loan, but do like to see the bad boys (and in this case their initials do seem highly appropriate :p ) getting a spanking thanks to the help of Caggers!

 

Only found these forums a few days ago by chance, but think you Caggers are the bees knees, offering a wonderful service to people who wouldn't know better otherwise and wouldn't get the fair treatment which they deserve.

 

George

 

p.s. would like to add that I am a banker (not in the faintest involved with credit though) and in our defence we really aren't ALL bad. some of us are also just trying to earn a decent living!

Edited by shortfallhelpneeded
typo!
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