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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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Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**


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Mynewt Update.. (for Robcag:rolleyes:) who, me? :lol::lol::lol:

 

Got an alert from Credit Expert today... CCJ has been removed from my file... Woo hoo.:D

 

Having slept on my dilemma... (not as good as a bed I admit. :p) I have decided to accept the discontinuence but with lots of stipulations and if they don't agree to them I'll let it run to trial.

 

As my defence is due in next wednesday I will continue to prepare it and submit as directed just in case. (Unless anyone with more experience advises me otherwise of course.)

 

Spam. :)

 

Hey, well done Spam! :-D

 

It looks like everything's gone your way after all your hard work!

 

Doesn't it pee you off that you have to go through everything that you've gone through just because the law allows these scumbags to get CCJs when they're not entitled to them, and then you have to carry on arguing against them when they haven't got a leg to stand on regarding unenforceable agreements etc. until they hopefully back down.

 

It would be nice to think that at some point in the not too distant future things might change in that the law and Judges would take a more proactive role in these cases and make it a requirement that enforceable documents have to be provided at the very start of proceedings which would save everyones time, not least that of the courts, but then again that would be too sensible.

 

Anyway, congratulations, and go get those costs at the very least. :D

 

Cheers

Rob

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Thanks Rob (and Tilly and Silly and Supa and Angel and Sequenci and Intree... ooh it's more like an Oscar speech..;))

 

Doesn't it pee you off that you have to go through everything that you've gone through just because the law allows these scumbags to get CCJs when they're not entitled to them

 

Yes... and until such times as the likes of Northampton CCBC insist on proper paperwork before issuing the blumming things I should think it will continue.

 

It's a total farce, the way it is at the moment, and the amount of time, energy and money that is wasted on these claims is ridiculous and it makes a total mockery of the court system..

 

But I have to Thank Marlin really... had it not been for their greed and underhanded tactics I would never have googled them and found CAG...

 

So my biggest thanks should go to Mark and Darren from Marlin Financial Services for forcing me to get my head out of the sand and tackle them.. ;)

 

Anyhoo, all in a day... and todays been a good one..

 

:D

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They say money talks......mine just keeps saying "Goodbye"

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But I have to Thank Marlin really... had it not been for their greed and underhanded tactics I would never have googled them and found CAG...

 

So my biggest thanks should go to Mark and Darren from Marlin Financial Services for forcing me to get my head out of the sand and tackle them.. ;)

 

 

I'm sure we're all wrong about Marlin, especially Mark and Darren :rolleyes::D

 

To quote a paragraph of the WS I recently received from MC (in reply to my description in my own WS of the Dispatches prog);

"The Defendants comments in relation to the Dispatches programme are incorrect and reflect the misleading nature of that programme aired on 20 July 2009. Mortimer Clarke Solicitors Limited, Marlin Financial Services Limited and the Claimant are all owned and directed independently from each other. The assertions and deductions made by the Defendant in this regard are flawed and not relevant to this claim."

Now who could possibly argue with that. :rolleyes::D

 

Cheers

Rob

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Congratulations. :D

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sorry to bring you down to earth spam, but I've had an evil thought...

 

You haven't as yet submitted your defence, a fact that MC will be only too aware of, & as such, it means they could at any time resurrect this claim without the permission of the court i.e. they would not have to show they had new evidence etc. & I wouldn't trust them not to try & pull a fast one on this by eg. trying to reissue DNs etc. (it comes under CPR38)

 

My suggestion therefore is that you send the letter below & see where it takes you. If they don't play ball, you MUST submit the set aside & enter your defence. If MC then decide to discontinue again, it puts you on firmer footing re. reinstatement of any claim in the future. If they don't discontinue, you get to go to a hearing & (hopefully) get judgment in your favour. Of course that is not guaranteed but so far they have offered little in the way of tangible evidence to support their claim & one would therefore assume they will lose.

 

You have 28 days from the service of the NoD on you to apply for set aside. Of course, it would mean more immediate cash outlay (N244 etc) but you would be able to reclaim that as part of your costs against MC.

You shouldn't send the letter until you get the NoD anyway.

 

Claim No. xxxx

County Court xxxxx

MC v Spam

 

Without Prejudice

 

Dear Sirs

I am in receipt of the Notice of Discontinuance you have filed with xxxx County Court in respect of the above case dated xxx & served on me on xxxx.

I am prepared to consent to this discontinuance provided I receive your written agreement to the following:

1. You consent not to issue any further legal proceedings in connection with this account at any time in the future.

2. You consent not to sell, assign or otherwise dispose of this account for collection purposes to the original creditor, any previous assignor or any debt collection agency or similar organisation at any time in the future.

3. You consent to remove all default markers with the credit reference agencies in respect of this account. This must be effected within 14 days of any agreement made between us.

4. You will forward to me the sum of £ xxxx representing the costs I have incurred as a result of defending your unfounded legal action plus an additional sum of £xxx in compensation for the distress & material hardship I have suffered as a result of the application of adverse credit markers to my records. These funds must be received within 14 days of any agreement made between us.

Unless I receive your written consent to the above by xxxx , I will apply forthwith for a set aside of this discontinuance.

I look forward to hearing from you at your earliest convenience.

Any comments anybody please??

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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I think you are correct FG. Better safe than sorry:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you again FG...

 

Looking out for me when you should have been making your mudpie.. ;)

 

I shall get that letter done and in the post tomorrow... I don't know what would be a reasonable claim for compensation though... any suggestions?

 

I agree they are a devious bunch so it would be best to nip this in the bud before they get any big ideas..

 

Ever grateful,

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Looking out for me when you should have been making your mudpie.. ;)

 

Not making it again - played havoc with my fillings, still picking out the grit :D

I shall get that letter done and in the post tomorrow... I don't know what would be a reasonable claim for compensation though... any suggestions?

 

Don't post it until you get the Notice of Discontinuance in writing - it has to be served properly on you - see CPR38.3 (1). MC should send you a copy, if they don't, you can report it to the court. :wink: The 28 days period for the set aside applic. doesn't start until that notice is served.

On the compensation front - you said you had been turned down for credit because of the defaults, do you think you were charged increased rate of interest as a result? If so, how much do you reckon it cost you? It's all a guess really & they may not agree to it but you would put it in your costs claim to a court so go for something. If nothing else, it gives you bargaining power.

 

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi FG,

 

This is what I got from MC on wednesday.

 

N.O.D. picture by Spamalot_bucket - Photobucket

 

As far as the compensation front is concerned.. It was 2 basic bank accounts I got declined and a Job interview.. It was a job I'd done for years before having my kids but being in the public sector I was not allowed to have 'financial difficulties' I had to admit to difficulties because of the CCJ and defaults and I was deemed not suitable for interview..:(

 

Annoying thing is that the job would have paid me enough to get me out of trouble... so they've actually cost me around £25,000 PA.. que sera and all that..:rolleyes:

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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That's OK - that's your notice (BTW remove ref. from top corner)

The 28 days starts from its service which would have been deemed received 2 days later than posting (8th?) 1st class mail. So give them 7 days from anticipated receipt (put an actual date in the letter) to agree to the consent & then it gives you time to apply for a set aside if needs be.

 

Unfortunately you can't claim £25000.00 - well I guess you could try but you'd prob. need a fresh claim & proof from potential employer etc. :rolleyes:

IMO I don't think you would be likely to get awarded more than approx. £1000 by a DJ (although there are larger awards on record I think) as part of a 'costs' order following a judgment for that to be considered & you haven't (as yet) got the judgment.

 

In fact, thinking about it, in view of your 'losses' it may even be worth going for th set aside anyway as your counterclaim would be considered & then you could consider a claim for £25,000!! Hmm...

 

Maybe other CAGers have ideas?

Edited by foolishgirl
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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Morning FG,:)

 

Unfortunately you can't claim £25000.00 - well I guess you could try but you'd prob. need a fresh claim & proof from potential employer etc. :rolleyes:... wouldn't dream of it :eek:... I did keep my letter saying I wasn't suitable for interview and I do have a copy of the application form with the 'financial difficulties' section on it, and my 'refusals from the banks which I was going to use it if need be at court when asking for compensation. :cool:

 

I don't want to be greedy... If I put a total of around £1000 would that be pushing it?... that would include, applications, postage, paper, printing etc LIP research and compensation...

 

It's tricky knowing just how far to push them... too little and they've got away with it and too much and I've shot myself in the foot...

 

I guess if I put an amount forward they could always refuse and make an offer???

 

I really have no idea in this area...:oops:

 

Thanks again,

 

Spam. :-)

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They say money talks......mine just keeps saying "Goodbye"

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Hi FG,

 

This is what I got from MC on wednesday.

 

N.O.D. picture by Spamalot_bucket - Photobucket

 

 

Spam.:)

 

Hi Spam

 

Probably just a coincidence (irrelevant, and of no help to you, sorry!), but that signature looks to be from the same person (C H-M) who signed my WS from MC, or perhaps they've only got 1 litigation Assistant :rolleyes:.

 

Cheers

Rob

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I don't want to be greedy... If I put a total of around £1000 would that be pushing it?... that would include, applications, postage, paper, printing etc LIP research and compensation...

 

Think you may be underselling yourself if you use £1000 as a total, that was my suggestion for just the comp. Think of the cost of your applications alone. See the costs schedule that Zhan recently posted on the Amex thread for ideas. Slightly different as she was dealing with a court applic. for costs but the same principle applies:

http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-23.html Post#448

 

It's tricky knowing just how far to push them... too little and they've got away with it and too much and I've shot myself in the foot...

 

If you're prepared to go to set aside they won't get away with it will they?

 

I guess if I put an amount forward they could always refuse and make an offer???

 

I really have no idea in this area...:oops:

 

 

 

It's really all guess work at this stage spam & a matter of who blinks first. See if andy or car have any ideas, they have experience & better several heads than one eh? ;)

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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Righty ho..

 

It's really all guess work at this stage spam & a matter of who blinks first. See if andy or car have any ideas, they have experience & better several heads than one eh? :wink:

 

Point taken... I will investigate further.. When it comes to costs I was really unsure what they are liable for as it's a discontinuance and has not been allocated a track...I know it would be fastrack if it went to trial... but it hasn't yet... :rolleyes:

 

Probably just a coincidence (irrelevant, and of no help to you, sorry!), but that signature looks to be from the same person (C H-M) who signed my WS from MC, or perhaps they've only got 1 litigation Assistant :rolleyes:.CheersRob

I think it depends on who's in charge of the rubber stamp that day..:p

 

Thanks again,

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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When it comes to costs I was really unsure what they are liable for as it's a discontinuance and has not been allocated a track...I know it would be fastrack if it went to trial... but it hasn't yet... :rolleyes:

 

 

If you made an application to court I think it would come under 'standard basis' direction - CPR44. However you would also claim interest at 8% on any costs incurred & whilst you are not entitled to that as an addition to any out of court agreement you may come to, I suggest you should make allowance for that possibility in any negociated figure.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Oh, that's an interesting thread spam - thought you'd undersold yourself :)

 

I would still be tempted to send the letter first, see if you get the result you want; if not, then immediately bang either an application for costs or set aside into court. It's up to you but I suspect if you don't get an agreement or go for set aside, they intend selling this debt on & you'll have to start all over again with another DCA. :mad:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Yes, I agree FG..

 

I think I'll refer to that thread with regards to the costs I apply for in the letter, If they start to wriggle too much away from my requests I'll go straight for the set aside... I'm halfway there anyway as my defence is prepared so it shouldn't be too much extra work..I'd rather them dance to my tune than me to theirs at this stage.. ;)

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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If they start to wriggle too much away from my requests I'll go straight for the set aside... I'm halfway there anyway as my defence is prepared so it shouldn't be too much extra work..I'd rather them dance to my tune than me to theirs at this stage..

 

 

Exactly. They're probably tracking this thread anyway so will know you mean business. And when you win in court you can really take them to the cleaners!!

 

Can't wave to them - it's Saturday, keep the brickbats on hold for next week...:D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Okey Dokey,

 

Letter of consent prepared with costs and compensation request included. All ready to send 1st class recorded tomorrow. I have given them 'til Monday 21st to reply or a Set aside application will be submitted. They can take this as my LBA as I have given them exactly the same amount of notice as they gave me back in November last year... :rolleyes:

 

If they pay what I've asked, the drinks are on me at the Xmas CAG meet..(well the first round anyway..:eek:)

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Nothing to report I'm afraid.. :(

 

No letter from MC in response to mine of last week, and I know they received it last tuesday as I sent it recorded delivery and I have the Sig for receipt..:cool:

 

I know they like to play close to the deadlines and there have been postal strikes but this is too close so I guess I need to prepare for my second set aside..:rolleyes:

 

Perhaps the A team could step in and advise how I go about this..

 

Thanks,

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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