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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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Dan v Clydesdale Bank-


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Hullo,

 

I'm about to start proceeedings...I sent away for all my bank records, and received them. There is one question I have to ask before I send them a notice of reclamation. Occasionally my bank would charge me £25 or £33 in overdraft fees...but much more frequently they would charge £22.50 for 'fees' which were not strictly identified as an 'overdraft fee', but would only occur if I exceeded my overdraft. Is this fee reclaimable also? It would make a significant difference.

 

-Dan

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If it is not a service fee, which I don't believe it is claim it. Don't forget the daily fees as well if you have them.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Claim it - they only occur when you go overdrawn, thus (in my view of course) they're a penalty for being overdrawn.

 

Good luck

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 2 weeks later...

Hi All

 

Can someone help me with this query. I have a Clydesdale account i have my statements and intend to claim the charges back which amount to approx £ 3,000.00.

 

My query is do i have to issue this in Scotland as their registered office is in Scotland and any correspondence has been with them in head office in Scotland. I also believe that if i do have to issue in Scotland and it is defended i have a very long journey to undertake.

 

Can someone with superior knowledge advise me accordingly. Many thanks

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Hi All

 

Can someone help me with this query. I have a Clydesdale account i have my statements and intend to claim the charges back which amount to approx £ 3,000.00.

 

My query is do i have to issue this in Scotland as their registered office is in Scotland and any correspondence has been with them in head office in Scotland. I also believe that if i do have to issue in Scotland and it is defended i have a very long journey to undertake.

 

Can someone with superior knowledge advise me accordingly. Many thanks

 

Just put your branch address.

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It might be advisable to send an LBA to the branch first as it should really have gone to an English address in the first place, but just give them another 7 days or so if you do this.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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  • 2 months later...

Okay time for an update!

 

On November 14th I sent Clydesdale a letter announcing my intention to begin action. They sent me a three-page letter saying that basically they were all very nice charges that I had agreed to and that I really shouldn't ask for all that money back, and that if they didn't hear from me again they'd assume the issue was dropped.

 

I've just calculated my interest and the claim is up to almost £1500! Unbelievable how much they have taken from me, and I've never been more than £10 over my limit.

 

I've just written the second letter (notice before action) and will send it off on Monday.

 

-Dan

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HI Dan, go for it. I'm fighting Clydesdale on behalf of my mum who lives in Scotland. we got the standard letter also after giving them the prelim letter, then we sent the lba & their tune had changed, sayding they were going to "reopen the complaint & review" & just this week they've sent a cheque for just under half the amt owed saying they consider the complaint closed. well, we're claiming the lot, aroung 1100 quid including the 8% interest @ claim stage.

 

good luck & keep us updated.

 

West Yorks Red

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  • 4 weeks later...

Hello sorry for the delay. I waited for the limit and have prepared my MCOL ready for action. I called Neil McKurdy before submitting it and spoke to someone at Clydesdale called Louise, who said they hadn't seen the second letter (it was still at my branch in London!) and could I please fax it to them. I did so and Louise said they needed some time to look the case over. It has now been a week- should I proceed with the MCOL, or call them again?

 

Before I do, I have some questions as I am a little hazy on what happens once I make the submission:

 

1. Once the MCOL is submitted, how long does it take to receive a response and book a court date?

2. There seems to be no option on the form to submit my schedule of charges- how is this submitted?

3. Is it possible to process a claim from outside the country? Do I need to be physically present to process a claim?

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You can start MCOL now.YB then have 14 days to respond to the court and then a further 14 days to settle or enter a defence,toal 28 days.Once they enter a defence the case will be transferred to your local court.Then it will depend on how busy your court is as to when you get a court date.Once you have filed and got your claim number,you can then send a schedule of your charges plus interest to the court at Northampton.Send them two copies one of which they will forward tp YB, but to be on the safe side send one to YB as well registerd or recorded.Then they cant threaten to strike out saying they didnt get your schedule.No you dont have to be present to submit your claim to MCOL.Hope this helps

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