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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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    • 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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Victory settled in Full


e17tintin
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Ive had my account in good working order since i opened it 2 years ago.Back in March i requested an increase of 200 pounds to my overdraft.After they approved it it turned out that they had DECREASED my exisiting 500 to 200 causing mayhem.Since then i have aquired over 700 pounds worth of charges.Whilst my limit was eventually increased back to 500,it left me with loads of charges.I got a reply to my first letter today,and they said that their charges are "fair,resonable and transparent".In July alone they wacked on 300 worth of charges...so,ive just drafted a 2nd letter threating court action.Anyone had success with this next stage?.....

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I got a very quick responce to my prelimenary letter today.It was from the

Senior Business Associate,saying that she had "passed my details to the Customer Relations Unit who would be in touch within 14 buisiness days.Is this within the boundaries of the prelim letter or is it just 14 days they have to repond to me?Any one know...thanks.Also how do I attach the history of my letters and claims at the bottom of my postings?Im sorry im really new to this and a bit new to Pcs...any advice would be very much appreciated.Thankyou

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You can safely ignore it and issue your LBA in accordance with your own timetable, you are not bound to wait for them.

 

Following that, regardless of what they send you (unless it's a cheque!) you can file your claim 14 days after your LBA. Again, stick to your timetable.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hello everyone,really have appreciated feedback on previous blogs.Im considering taking action on an account that I had to "step away from" because of enormous charges.Am I able to do this even though I havent had any contact with that bank? I basically owe them a grand ,only for charges and I know they black listed me because I stopped my wages going into the account,so I believe it became frozen as a result.Any advice greatly welcome.

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Hi!

 

You're in the same boat as me by the looks of it, and the advice I've received in the past indicates that yes, we can claim charges back: closed account or not, they were still illegal. My intention is to claim back the charges, pay back whatever's left (if anything) and possibly even go after them for removal of the defaul (but nee dto read up in the forums on that bit)

 

I've just posted a new thread for my claim, suggest you get your DPA SAR off right away and take it from there,

 

 

Good Luck!

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You are most welcome, ask anything that you are unsure of

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hi, e17tintin,

 

First of all, welcome to the site, and good luck.

 

I haven't got anything to add to the financial side of your claim as yet, but as regards to the info at the bottom of your postings, go to User CP and 'edit signature'. It'll take a bit of tweaking, but it come out ok at the end.

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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  • 2 weeks later...

Hello All, Sent my LBA off on the 28th August got a reply today saying they would like to make a goodwill gesture of 536 pounds,im claiming 956.Now,naturally im rejecting this offer but do I use a template to refuse this and when i receive an offer for the full amount can I ask for the payment to be made to me in the form of a cheque?As they are saying that they will refund it to my account(my wages are now going into another account)Advise greatly welcome...also,it proves that if we persist...then we will win!!

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Thanks for that Carmen!....Anyone know if I now request the 8 % interest at this point and if so how do I calculate and present it to RBS?...thanks!.

 

Hi,

 

You add the 8% interest when you make the claim via Moneyclaim or your local court.

 

If you look in the templates section you will see there is a spreadsheet available that works out the amount of interest for you.

 

Good luck!

 

-NEIL

Royal Bank of Scotland

24/05/06 - Requested 6 years of Statements - Received 09/06/06

12/06/06 - Initial letter sent requesting refund - Response received 21/06/06 - 'Sod Off.....'

27/06/06 - LBA Sent - 31/07/06 - Response received 31/07/06 - 'Sod Off....'

01/09/06 - Claim Submitted - 04/09/06 - Claim Issued to RBS.

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Well Done!

Now as RBS stated in their settlement letter(which im accepting as part-payment as the template suggests you do) Im now slightly worried about the "..full and final settlement...." bit on the Rejection of Settlement letter.Can anyone shed some light ,do i have to reiterate that although im accepting part payment,thats this is not the case?Also ,can i add to that template that i want payment via a cheque? Cheers....

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As far as I'm aware you can only claim the 8% if you take them to court, ie put it into your claim. if they settle before i guess you lose it. however if they dont settle for the full amount you can then take them to court and claim the 8%

 

dave

  • Confused 1

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi adrian the template you use is the rejection/part settlement one.I just added onto that template that i would only accept the part payment in the form of a cheque,you can edit the template accordingly.Goodluck!Today is the final day for RBS to agree to the part payment otherwise tonight i start my claim with Moneyclaim...hope i get good news in the post today!

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