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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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Fictitious amount on claim form


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I thought that if 6 years had passed since last payment, they could no longer enforce it?

 

Correct, if there has been no acknowledgement or payment for 6 years in England and 5 in Scotland then the debt is statute barred.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have just looked at those figures again.. lol.. sorry.. I think they might just have added an extra '0'.. but I agree, it is very misleading and extremely scary !!

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4: Staying Calm About Debt  Read Here

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They are having a laugh! A response to CPR is a legal requirement – they MUST comply. They clearly have no intention of sending you anything.

 

They have misunderstood the concept of providing their evidence so you can file a defence.

 

This is not a CCA request – there is no requirement for ANY fee – so they are talking crap.

 

You cannot properly file a defence without their compliance.

 

Here’s the instant reply you need:

 

Dear Tossers

 

I write with reference to your letter of XX Nov 2011.

 

Please note that it is a legal requirement for you to comply with my valid CPR 31 request. You clearly do not understand the legal protocols, judging by the content of your letter, which will be shown to the court. Further, as this is a CPR request and not a CCA request under section 78 of the CCA 1974, there is no fee payable.

 

You should be fully aware that I am entitled to sight of the documents on which you seek to rely in court in order to defend your claim.

 

Please supply the documents requested by return, failing which I shall be applying to the court for an order forcing you to disclose the documents requested. This cost will be borne by you if you fail to cooperate.

 

If you fail to respond to this letter within three days, or do not agree to a time extension in writing, I shall have no alternative but to seek such a court order.

 

Yours sincerely

 

Mad Bugger

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They are having a laugh! A response to CPR is a legal requirement – they MUST comply. They clearly have no intention of sending you anything.

 

They have misunderstood the concept of providing their evidence so you can file a defence.

 

This is not a CCA request – there is no requirement for ANY fee – so they are talking crap.

 

You cannot properly file a defence without their compliance.

 

Here’s the instant reply you need:

 

Dear Tossers

 

I write with reference to your letter of XX Nov 2011.

 

Please note that it is a legal requirement for you to comply with my valid CPR 31 request. You clearly do not understand the legal protocols, judging by the content of your letter, which will be shown to the court. Further, as this is a CPR request and not a CCA request under section 78 of the CCA 1974, there is no fee payable.

 

You should be fully aware that I am entitled to sight of the documents on which you seek to rely in court in order to defend your claim.

 

Please supply the documents requested by return, failing which I shall be applying to the court for an order forcing you to disclose the documents requested. This cost will be borne by you if you fail to cooperate.

 

If you fail to respond to this letter within three days, or do not agree to a time extension in writing, I shall have no alternative but to seek such a court order.

 

Yours sincerely

 

Mad Bugger

 

Why bother if it is over 6 years since last payment as it would be statute barred?

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Weird...I posted this ages ago and it has just appeared... wtf?

 

Very odd indeed!

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have just looked at those figures again.. lol.. sorry.. I think they might just have added an extra '0'.. but I agree, it is very misleading and extremely scary !!

 

I'm glad you noticed their mistake, I faxed the letter you posted regarding it taking 6 weeks to get the docs and I will call them tomorrow.

 

Truth being told I know that they can't have the so called credit agreement they base their claim on because as I've said before this is for an old current account that DID NOT have an overdraft it did in 2002 but that was cancelled in 2003 when I took out a loan.

 

Time will tell, I'll post what they say on the phone tomorrow but I've already got a N244 form ready (but not filled in) in case they will not comply.

 

Thanks to all who have posted Replies it releives the stress caused

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The plot thickens after speaking to Fairfax regarding an extension of time, they have said it will take them up to 6 weeks to get the items in POC after querying this they said they are not in posseseion of the documents and they will suspend the court claim unitl they have them and then allow me 14 days after that to inspect them and do my defence, they also said I do not need to do anything as the court will not act without their say.

 

I've asked for this in writing so I can inform the Court myself.

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That’s a fib. They either withdraw the claim or it is stayed. It is NOT up to them to tell the court to wait – you can object. I would suggest you seek an unless order demanding the documents within 14 days. Anything else is highly prejudicial to you – they issued the claim, you demand finality. How on earth could they state their claim was honest when they did not have the facts to hand? Massive abuse of process.

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I agree with DonkeyB

 

This is an utter farce and it is simply not up to Fairfax to say what will happen.

 

If you dont receive the letter from them by Wednesday, then I think you need to think about entering a negative defence which will not look to good for them or to submit an application for disclosure and time.

 

When is D Day for the defence ?

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

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You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

 

Thanks again, if I do not receive the letter I will let you guys know on here and with your help I think I may have to go down the N244 route for extension of time and a disclosure of documents, I presume getting the N244 to them just before the deadline will be OK .

 

My take on all of this seems to be that they have put the claim against me with no real evidence hoping I would admit the claim thus them not having to show any proof of the claim, but as I'm defending they are now stalling to get a default judgement rather than reveal their hand (7 & 2 worse hand in poker).

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You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

 

Thanks again, if I do not receive the letter I will let you guys know on here and with your help I think I may have to go down the N244 route for extension of time and a disclosure of documents, I presume getting the N244 to them just before the deadline will be OK .

 

My take on all of this seems to be that they have put the claim against me with no real evidence hoping I would admit the claim thus them not having to show any proof of the claim, but as I'm defending they are now stalling to get a default judgement rather than reveal their hand (7 & 2 worst hand in poker).

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New letter arrived here is what has been written.

 

"Further to our telephone conversation today, we confirm thst this matter will be placed on hold until we have provided you with documents you requested in your letter dated 29th October 2011 and you have had reasonable opportunity to respond"

 

Thoughts ?

Thanks

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I don’t think the court will accept an open-ended delay.

 

I think you’d be better off putting in a limited defence, to which they would have to respond in 28 days.

 

That will either make them move, or bring the stuff out of the woodwork.

 

The alternative is still to put in an N244, because that proposal is unreasonable, in my opinion. They should not have litigated without knowing the facts.

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So that letter is in response to your CPR15.5 request for more time ?

 

What type of solicitor is this Fairfax firm ?

 

When is your defence actually due to be submitted? Do you have time to make application for time and disclosure via N244 ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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So that letter is in response to your CPR15.5 request for more time ?

 

What type of solicitor is this Fairfax firm ?

 

When is your defence actually due to be submitted? Do you have time to make application for time and disclosure via N244 ?

 

Yes is this their response, no idea they are representing Arrow Global.

 

Deadline day 15th November

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