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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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      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.

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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.
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      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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Mortgage Resolution Limited - Suspended Repo Order - Back In Court - EVICTION CANCELLED


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Been to the council and he has said that we can apply for the MRS and we should ask the judge for a stay.

 

However, me being a sceptic, have booked in to view 2 properties tonight and if the worst came to the worst I will ask the judge for more time to allow us to move out...

 

Will try and keep you updated but of course, if you do not hear back from me tomorrow you know I am wandering the streets...

 

TIA

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Been to the council and he has said that we can apply for the MRS and we should ask the judge for a stay.

 

However, me being a sceptic, have booked in to view 2 properties tonight and if the worst came to the worst I will ask the judge for more time to allow us to move out...

 

Will try and keep you updated but of course, if you do not hear back from me tomorrow you know I am wandering the streets...

 

TIA

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Have the council given you any paperwork for the MRS ?

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Have the council given you any paperwork for the MRS ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi....guess what...after all the hard work and support from ell-enn and with fantastic representation from the MAC guy, we have got a stay!

 

The judge was firm but fair, clearly stating it is my last chance BUT she also urged the mortgage rep to ensure SERIOUS consideration is given to the rate switch.

 

Plan B is already in place if they say no and that is a rented house that is BIGGER than mine and would cost us £600 a month as opposed to 1056.00

 

She also ordered we pay £100 per month and it is to be reviewed in November.

 

My heart felt thanks on behalf of my family go out to Ell....

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

:)

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Hi....guess what...after all the hard work and support from ell-enn and with fantastic representation from the MAC guy, we have got a stay!

 

The judge was firm but fair, clearly stating it is my last chance BUT she also urged the mortgage rep to ensure SERIOUS consideration is given to the rate switch.

 

Plan B is already in place if they say no and that is a rented house that is BIGGER than mine and would cost us £600 a month as opposed to 1056.00

 

She also ordered we pay £100 per month and it is to be reviewed in November.

 

My heart felt thanks on behalf of my family go out to Ell....

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

:)

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I'm soooo pleased for you - well done for being so brave :) you must be glad you didn't give up;)

 

I hope you can both relax now and look forward to the arrival of your new baby.

 

Lxx

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I'm soooo pleased for you - well done for being so brave :) you must be glad you didn't give up;)

 

I hope you can both relax now and look forward to the arrival of your new baby.

 

Lxx

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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I'm soooo pleased for you - well done for being so brave :) you must be glad you didn't give up;)

 

I hope you can both relax now and look forward to the arrival of your new baby.

 

Lxx

 

Indeed we can, on at least 3 occassions during the hearing I could feel myself getting close to crying...

 

I have just spoken to them about the rate and they were abrupt to say the least...

 

My wife and I are now going to document all the ins and outs and make a call on which route to take. I do not want to go down this path again.

 

Once again ell....

 

THANK YOU xxx

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I'm soooo pleased for you - well done for being so brave :) you must be glad you didn't give up;)

 

I hope you can both relax now and look forward to the arrival of your new baby.

 

Lxx

 

Indeed we can, on at least 3 occassions during the hearing I could feel myself getting close to crying...

 

I have just spoken to them about the rate and they were abrupt to say the least...

 

My wife and I are now going to document all the ins and outs and make a call on which route to take. I do not want to go down this path again.

 

Once again ell....

 

THANK YOU xxx

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  • 1 month later...

Hi Ell and fellow Cadgers.

 

Still no news from the mortgage company regarding the rate change. I have paid this months mortgage and of course, next months is looming large.

 

So I am re-sending the letter (recorded) on Monday...do you think I need to add anything further to assist is a positive outcome?

 

######### THE LETTER DRAFT #############

 

We write regarding the above account to ask for your help in resolving the arrears situation which regrettably had become subject to a recent possession hearing.

 

At this hearing, we indicated to the Judge that we had requested you switch our mortgage from the fixed rate of 9.51% to the variable rate quoted (06.06.09) of 4.21% by xxxxxx xxxxxx. This request was faxed to your offices on 06.07.09 and we have a receipt that proves it arrived safely at your offices.

 

The judge duly noted this request and commented to your legal representation that this would indeed be a pertinent course of action to take as it would assist all parties under the Civil Justice Council Consultation Paper – Mortgage Arrears Protocol.

 

As of today, we still have no reply from you with respect to this request hence this letter being re-presented.

As you will be aware, these proceedings will be due for review by the same Judge in November of this year and we would like to inform her that you have indeed assisted us where necessary regarding the rate change.

 

We are sure you are aware of the Civil Justice Council Consultation Paper – Mortgage Arrears Protocol whereby lenders are required to give positive assistance to customers who are in financial difficulties and who are asking for help.

 

We trust you will understand our position in this and look forward to your positive response.

 

######################

 

Thanks in advance.

Edited by battler1966
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Hi Ell and fellow Cadgers.

 

Still no news from the mortgage company regarding the rate change. I have paid this months mortgage and of course, next months is looming large.

 

So I am re-sending the letter (recorded) on Monday...do you think I need to add anything further to assist is a positive outcome?

 

######### THE LETTER DRAFT #############

 

We write regarding the above account to ask for your help in resolving the arrears situation which regrettably had become subject to a recent possession hearing.

 

At this hearing, we indicated to the Judge that we had requested you switch our mortgage from the fixed rate of 9.51% to the variable rate quoted (06.06.09) of 4.21% by xxxxxx xxxxxx. This request was faxed to your offices on 06.07.09 and we have a receipt that proves it arrived safely at your offices.

 

The judge duly noted this request and commented to your legal representation that this would indeed be a pertinent course of action to take as it would assist all parties under the Civil Justice Council Consultation Paper – Mortgage Arrears Protocol.

 

As of today, we still have no reply from you with respect to this request hence this letter being re-presented.

As you will be aware, these proceedings will be due for review by the same Judge in November of this year and we would like to inform her that you have indeed assisted us where necessary regarding the rate change.

 

We are sure you are aware of the Civil Justice Council Consultation Paper – Mortgage Arrears Protocol whereby lenders are required to give positive assistance to customers who are in financial difficulties and who are asking for help.

 

We trust you will understand our position in this and look forward to your positive response.

 

######################

 

Thanks in advance.

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That looks fine - if they don't respond, you will then be able to show the judge the two letters (and proofs of receipt):wink:

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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That looks fine - if they don't respond, you will then be able to show the judge the two letters (and proofs of receipt):wink:

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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That looks fine - if they don't respond, you will then be able to show the judge the two letters (and proofs of receipt):wink:

 

Hi Ell

 

That's what I thought. She won't like that,

 

Less than 2 weeks to baby coming....time to get that nursery painted LOL.

 

Thanks again

 

:wink:

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That looks fine - if they don't respond, you will then be able to show the judge the two letters (and proofs of receipt):wink:

 

Hi Ell

 

That's what I thought. She won't like that,

 

Less than 2 weeks to baby coming....time to get that nursery painted LOL.

 

Thanks again

 

:wink:

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Oooo - keep us updated on the baby - do you know if it's a boy or girl or are you waiting to be surprised lol :)

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Oooo - keep us updated on the baby - do you know if it's a boy or girl or are you waiting to be surprised lol :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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  • 1 month later...

CONGRATULATIONS!

Hope you are all well :)

Help us to keep on helping

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