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    • The only way to verify whether there is any financial reward for the management is seeing the agreement. That would be required during disclosure IF court proceedings went ahead... Unless you could bring pressure to bear and get a copy?
    • 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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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skbuncks v Lloyds ***SETTLED IN FULL***


skbuncks
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Anyone have a fax number for [problem], might as well save myself the stamp money

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Cheers, i'll fire that off today then

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Hi You guys

 

I have "enjoyed" reading your chat as ii myself have this morning received the "Notice that Acknowledgement of Service Has been file" and that SC&M intend to defend all of my claim. It looks like i have a long haul ahead and i will probably need your help as experts in the field!! Would you mind keeping in touch via the email? Many thanks Caroline

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Also in exactly the same position, I have received their defence to, seems standard as others on here. I am now settling doen to fill in the AQ .No doubt it will receive the same response.Caroline I will try and keep up to speed here too

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  • 2 weeks later...

Received my court date today - 31/01/2007!

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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Which court you in? Got my date for sheffield county court 28th feb 2007!! Anyone else got a similar date in sheff???

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Is there anything i can do to get an earlier date??

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The waiting time for a small claims date is usually around 3 months.

 

So they've given you a definate date then, no mention of a stay or anything like that? If not then no, theres not alot you can do. Sheffield CC must be snowed under!

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Dont recall there being a mention of a stay. Will have to reread the letter.

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I am off to leicester court, I have re-read the letter this morning and it appears I have to supply the court with yet another schedule of charges, copies of any statements relied upon showing each charge within 28 days. Is this standard should I reply quickly or wait to see what the Solicitors do?

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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Kingliam,

 

Have you got a thread you can post this on? I don't want to go into to much detail on someone elses thread really, but yes, you MUST comply with the order of the court, within the specified time limit. Failiure to do so will result in your claim being struck out. Post the directions on your thread and I'll assist you further.

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Ok, I woke up on the wrong side of the bed today and need to take my frustations out on someone. That someone is Llloyds and there little friends at ****.

 

Am starting the ball rolling with a complaint to the OFT as it helps to vent my splein and put me into the complaining mood.

In the section 'brief summary of complaint' I intend to write this

 

My complaint concerns the regime of 'fees' which have been applied to my account in relation to unpaid items and unauthorised borrowing.

Whilst I accept that where a breach of contract has occurred, such as in this case, the bank is entitled to recover appropriate damages to compensate it for the actual loss incurred. Where this sum is a genuine pre-estimate of the loss as a result of the breach of contract, then it stands as agreed damages and is called liquidated damages.

If the sum agreed however is not a genuine pre-estimate of loss, but a penalty, then it is not recoverable as a matter of law. The charges which the Bank has levied on my account clearly fall into this latter category in that they are excessive and disproportionate to the actual loss incurred and therefore are not a genuine pre-estimate of loss, but a penalty and therefore unlawful at Common Law, Statute and recent Consumer regulations.

It is also the opinion of The Office of Fair Trading (OFT) that these charges are punitive in nature and furthermore, The 1977 Unfair Terms (contracts) Act requires that all contract terms be reasonable. I don't consider these charges to be reasonable as defined by this act.

Given the above, I require a full refund of all fees paid to date together with court costs incurred by myself plus the statutory 8% interest as allowed by the county court system. As of the 13th November 2006 this totals £870.38

 

The big question is who else can I complain to to get **** in the sh*t.

 

skb

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Whos stolen my signiture??

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  • 2 weeks later...

Im bored and at work so have started to compile my court bundle really early. Quick question though do I really need to include the entire DPA act and if so does anyone have a word version?? Cos it will take for ever to copy and paste from Data Protection Act 1998

 

Is it not more reasonable to only include the relevant bits??

 

skb

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Who told you you'd need the Data Protection Act? You don't, that is unless you filed for non-compliance. UTCCR's, UCTA, SOGA and all the relevant case law is needed and you'll find it all in the 'court bundle' in the templates library.

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Its just that its in the court bundle I downloaded, was somewhat confused as to why I needed it and looks like I dont. Excellent that should save on photocopying

I have everything else so looks like im just bout ready to go

 

skb

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Dont recall there being a mention of a stay. Will have to reread the letter.

 

For info, have checked over correspondance and [problem] requested a stay but were Denied. Ha.

 

Still gunna pester them for settlement, make em earn the £200+ an hour they're charging lloyds

 

skb

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Its just that its in the court bundle I downloaded, was somewhat confused as to why I needed it and looks like I dont. Excellent that should save on photocopying

I have everything else so looks like im just bout ready to go

 

skb

 

Are you sure its definately the Data Protection Act your talking about? Its not part of the 'court bundle' from the templates library:confused:

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Yeah, id also copied the index from someones court bundle they'd listed in their thread with the aim of amalgamating the two. Have looked back and it was one against Abbey hence the need for the DPA. HAve removed it from mine

 

cheers skb

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  • 4 weeks later...
  • 3 weeks later...

Good Luck all - there is a light at the end of the tunnel - i have just won!!!

 

It took 3 months in total which i think is pretty good going looking at some of yours - i think the thing that swung it for me was that i wrote in the allocation questionnaire that i respectfully requested that the court request the bank to come clean with their charges (which the banks don't want to do) - the bank without any warning then said they would settle the full amount out of court (this was the end of Dec) and when i looked in my bank this morning the money was there!! hoorah!

 

Keep persevering - you will win in the end!:D

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  • 4 weeks later...

........28 Days to Go.

 

Woohoo starting to get excited

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