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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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Hilles/DLC/old associates card - they changed default date - **Won/Adverse Data Removed**


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I think this will have to be the next step, although how to go about it, I have no clue!

 

Would anyone be able to point me in the direction of, how to issue this sort of court claim, how it would need to be worded, and whether I would need to ask for compensation from them for trashing my credit file these last few months?

 

I am so angry about this - had DLC just left the default, then it would be gone by now, instead, they removed it as a "gesture of goodwill" and slung late payment markers and a phantom payment in as another one of their goodwill gestures!!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Can anybody offer any advice on how to take this to court please?

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Thanks Andy, I have already done a couple of previous court claims, so I know what to do - thank you again!

 

What I need to know, is how to word the claim, and what sort of compensation I should be looking for?

 

Both my other claims were just ordinary straight forward ones!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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If you have done an LBA then proceed to claim if not here is an LBA I was advising on the other day to a poster:-

 

" Thats fine at least you have tried and exausted the process.

 

The LBA is far to lengthy and in-depth,

it needs only to refer to the complaint number your account number/ reference.

 

It should be headed letter before actionicon.

 

It must state a time frame which a response must be submitted, thats your preference 7/14 days.

 

If Pre Action Protocol is applicable then this also must be followed and mentioned within the LBA.

 

State briefly the nature of your grievanceicon/claim and what is required.

 

Conclude with Further to the above if no response or satisfactory conclusion can be attained it is my intention to seek

a Money Judgment through the county court and will issue legal proceedings without further notice."

 

Edit to suit.

 

 

Here is the DPA forum you may find a similar PoC here :- http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?205-Credit-Reference-Agencies

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 months later...

An update:

 

After going around in circles with the FOS (they sat on the fence in that, that after me providing them with the evidence that I did not pay DLC when they alleged I did,

the FOS said it was a matter for the courts, and then turned the emphasis on dates of correspondence.

Quite clearly it was going no where and a complete waste of time!)

I said I would be taking the matter to court.

 

In the meantime,

I successfully reclaimed my PPI from the OC, Citicards.

 

Bearing in mind that the last payment made BY ME on the alleged account was Feb 2007,

 

I have in the last three days received four letters from DLC

- one telling me my account had been terminated by the OC,

another giving me an oppurtunilty to pay the now SB debt at £10 per month by direct debit,

or an f&f of 50% of the balance,

their usual monthly statement of account,

and lastly a notice of sums in arrears!

 

Now,

could it be that since I have reclaimed the PPI,

would the OC have informed DLC of my reclaim

and could this be why I have received all this rubbish through the post?!

 

I presume they think I should start paying them!!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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PPI does not reset any clocks!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx, I guessed it didn't - just thought it highly coincidental!!

 

This vile company is still trashing my credit file with late markers - desperate to get rid of them once and for all!:-x

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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  • 1 month later...

An update:

 

I've just had a alert from Experian, so had a quick look at my credit file.

 

Hillesden have marked by file as satisfied, and have removed the late payment markers, and substituted with a default - dated Dec 2013!

 

Now, bearing in mind, this account was SB in Feb 2013, but they weren't having any of it - the original default on this account was in 2007, which Hillesden removed - how can they default now?

 

It's actually improved my credit score, but I'm just wondering whether they've sold it on?!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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looks like they've sold in on then.

 

they cant change the org default date.

 

complain.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The complaint needs to be to the ICO

 

Regardless of any payments made, the default on file may only last 6 years from the date of "breakdown of relationship" - one of the ICO's examples for this is within 3 - 6 months of last full payment made to the account.

 

In addition you probably need to state something along the lines of

 

"Whilst I maintain my position that this account is statute barred, with no payments having been made in excess of 6 years, I would also draw your attention to the fact you have previously failed to provide a copy of the original alleged agreement between myself and the original creditor.

 

I would remind you that without such a document, containing the prescribed terms of the CCA 1974 and signed by myself, you are wholly unable to enforce this alleged agreement, and as such no payment of any kind will be forthcoming"

 

 

(............or similar!)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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  • 2 weeks later...

Final update to this thread:

 

Searching through paperwork, I found the original default notice associated with this fiasco, dated 1st March 2007!!!

 

Emailed a very stern letter to DLC on Tuesday, along with a copy of the DN, demanding the removal of the default, and hey presto, all traces of this account has disappeared from my credit files.

 

It has taken a few months, but I've beaten them!!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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hey great result

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Delighted that this has been resolved for you Windywoo.

 

Well done.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Windy,

 

firstly, congratulations!

 

However - a note of caution

 

They removed mine back last year and I have had to ask for it to be removed a further two times since then (September and this month)

 

I'm not sure if it's incompetence or an act of agression on there part but the last letter I sent them (a few days ago) asked for compensation

 

Of course, if Durkin v DSG goes 'our' way, things could get interesting...

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Actually, on that note - if yours gets re enetered at a later date, could be worth us joining forces to prove it's not just a 'one off'?

 

:-D

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Don't worry, I shall continue to keep a very close eye on my credit files!

 

They are one agressive company, the most difficult I've had to deal with, so I'd be more than happy to join forces!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Good stuff, I'll keep you up to date with my progress

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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For everybody's interest, an excerpt from the letter received yesterday - what do you think?!:???:

 

"Although a notice of default was issued to you on 1st March 2007, collection activity was suspended on your account whiile your request under the CCA1974 was outstanding. As result the account did not continue through the default process until after it was established that the requested information would not be available.( 18th Nov 2008)

 

If the account had not been on hold, the account would have been progressed to the default process in 2007, and at this point the default would no longer be repoted to the CRA,. In view of this we have taken the decision to remove the default.

 

Doesn't make sense to me.....!!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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No

Makes no sense whatsoever

 

As far as the information Commissioner is concerned,

the Default 6 year period will start ticking from the date on that default notice,

so if they ever try to reinstate it you have them bang to rights

 

I must stress that the information Commissioner regards the point of default to be where the breakdown in relationship took place

(normally 3 months from the point the last full payment was made, but no more than 6 months)

 

However in your case it suits you to use the date of the default notice

 

They can enter a default on credit files without sending a default notice as the 2 things are not directly connected,

but a default notice obviously shows unequivocal proof of a breakdown in relationships

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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How I read it is, because the account was on hold they think it alters the date of the default, and because the account was deemed unenforceable in Nov 2008 - that was when they think it's defaulted - garbage, that's when they changed it from a default to late payment markers!!

 

Surely a default is a default, they make up their own rules, for the sole intent of trashing people's credit files!!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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This just makes it clear that receiving a DN does not mean the account has been defaulted,

 

the explanation seem adequate

 

the default would have been placed earlier had the account not been put on hold

 

and the default if placed earlier would have reached the 6 year expiry date

 

so it was removed from CRA files.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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