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    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
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IVA failure rates released by IS today

 

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and the notes

 

Notes for statistical data on IVA outcomes.

 

An Individual Voluntary Arrangement (IVA) is an alternative formal debt

solution to bankruptcy and was established by Part VIII of the Insolvency Act

1986. It is a legally binding agreement between a debtor and his creditors

about how the debts will be paid (either in full or in part).! An application is

made to court and an insolvency practitioner has to be appointed to

supervise the arrangement.!More detail about IVAs is available here:

http://www.insolvency.gov.uk/bankrup...bankruptcy.htm

 

Definition of terms

 

Completion:-

 

Where the supervisor has issued a certificate (“the completion certificate”)

stating that the debtor has complied with their obligations under the

arrangement.

 

Termination (Failed):-

 

Where the supervisor has issued a certificate (“Certificate of Termination”)

ending the arrangement because of the debtor’s failure to keep to the terms of

the arrangement.

Ongoing (Current):-

 

Where the arrangement is continuing.

 

Revoked or suspended:-

 

Where an application to court has been !made to challenge the decision !of a meeting approving an IVA, the court may revoke or suspend the approval or call for further meetings to be held. Notification of such action should be forwarded to the Secretary of State within 7 days of the making of the order

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Hi debtinfo

 

Well, well, here we have them at last.....the elusive figures, oh dear.

 

I dont know if it is just me debtinfo, but to date they seem to have been met with an 'eerie silence' in some quarters, or should that be a 'deafening silence' almost as if they dont exist, dont you think?

 

They certainly make interesting reading.

Edited by Wintry

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and even abuse in other places i posted it, not relevent apparently. Dont get me wrong, IVA's are a very important part of the insolvency framework. But i think people should be aware of these figures when signing up. Even better as we all know that some IVA companies are much better than others it could provide an oportunity for the better ones to show how their failure rate is better than the average

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Hi

 

abuse, not relevant, Oh I say.

 

Agree with your post entirely debtinfo.

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Still quiet on the IVA failure figures front????

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I think they should have a breakdown of companies success rates, as not all IVA companies are the same.

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Very good point, although it might be a selling point for companies in the future if they can show that there rate is better than the national average.

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Yes, but I do feel that a lot of companies give a good service, and then others really take the mick, and give a bad name for the good companies:(

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I think the best advice anyone to conisdering IVA or BR, is to go to a not-for-profit group first, they'll always give you advice that's in your best interests. I found Myvesta extremely good.

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Hi all

 

Much awaited figures / tens of thousands of IVAs terminated / failed (unless I have read these figures wrong!) and yet, a couple of weeks on, all around the forums / websites and anywhere basically (unless I have missed something) 'still' none of these providers or their 'agents' (I was going to put 'salesmen', but I didn't) seem to want to comment or even mention them.

 

Strange really for an 'industry' that in some cases (in my opinion) advertises / boasts on percentage figures such as 70 percent write offs / little known goverment legislation and occasionally refers people to reviews of individual companies etc.

 

It would appear that some people may have been proved right all along:)

 

Come on guys, where are you??

 

PS - Do not get me wrong here - an IVA can be a suitable solution in the right circumstances and at the end of the day it is the debtors choice, but hey, these figures are somewhat frightening to say the least (in my opinion:)) and deserve at least some explanation......I would think? or maybe I am missing something.

Edited by Wintry

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