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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.

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kriso v Capital One ***WON***


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Today I got a settlement letter offering £104 to pay off the difference between the £20 fees I was charged and the new £12 charge.

 

Tempting as it is, I think I iwll pursue this for all my money :D

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Hi Kriso.

I would say you will accept the offer but only as a partial payment. I normally underline the wording regarding Partial Payment, it helps to let them understand that you are serious. Remember to send it Recorded or Special delivery, as they cannot come back and say its not been received.

Cheers T.D.

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  • 3 weeks later...

Hi

 

It's been over 2 weeks since I posted off my LBA to Capital One and as they haven't responded to this, I'm going to start the Moneyclaim bit.

 

In my 2 letters I sent a list of charges but did not specify the amount of interest for these. I did however state in my letters that I would claim back the full amount plus interest and costs.

 

Should I have really stated the interest amounts in these letters or can I still claim back the interest at this stage? :confused:

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Hi

 

It's been over 2 weeks since I posted off my LBA to Capital One and as they haven't responded to this, I'm going to start the Moneyclaim bit.

 

In my 2 letters I sent a list of charges but did not specify the amount of interest for these. I did however state in my letters that I would claim back the full amount plus interest and costs.

 

Should I have really stated the interest amounts in these letters or can I still claim back the interest at this stage? :confused:

 

Hi take some time to read the FAqs and step by step instructions again.

You do not claim the 8% interest until the MCOL stage so you are fine.

Please stick to one thread per claim.

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Thanks for the reply livelylad.

 

Sorry I thought I had read all the FAQs and just re-read the bit that says 'but do NOT include the 8% interest on the schedule yet.' :oops:

But the reason I asked was becasue on the Moneyclaim step-by-step instructions it says

 

'If you have not already sent a full schedule of charges and overdraft interest to your bank

-- then --

stop!'

Just don't want to do anything to damage my case. I started a new thread as this question didn't apply to any paticular claim I had made or will make. I won't make any more threads!

 

Thanks

 

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  • 3 weeks later...

Received another letter today from Robert Udy..probably in response to me sending off another list of charges with interest showing. It says the offer of £104 is still open to me and that they can't increase it :p

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Well today I got the letter saying they have had the opputunity to investigate my claim blah blah and 'in an effort to resolve this matter without the need for a court hearing', sent me a cheque for £307.06 :D

 

Still waiting for Barclycard and today I sent off my S.A.R. to Egg

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Well today I got the letter saying they have had the opputunity to investigate my claim blah blah and 'in an effort to resolve this matter without the need for a court hearing', sent me a cheque for £307.06 :D

 

Still waiting for Barclycard and today I sent off my S.A.R. to Egg

 

Well Done, Kriso - I am not far behind you hopefully, how long after they acknowledged the claim did they write to settle.

DS

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how long after they acknowledged the claim did they write to settle.

 

I received the letter from Capital One acknowleging the claim on the 28th. So 20 days. Tho I think some ppl have received their settlement quicker than this.....they're probably quite busy at the moment ;)

 

P.S. Can a mod add *SETTLED IN FULL* or something to the topic please? Don't think I can do it..

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Well done kriso...Good luck with any others you have pending.

 

Is the behaviour of these institutions completely random when dealing with these claims? Or is the level of response people get dependent upon how much money your owed?

I'm now about a day off the deadline set out in my Letter Before Action for reclaim of a grand or so, and Capital One are still studiously ignoring me....

Debt free, partially thanks to CAG forums.

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Cheque received today :D I just realised they haven't paid me all the interest I'm technically owed - just the interest up to the date I filled out my claim. It's only 6p a day so not going to worry about it.

 

Is the behaviour of these institutions completely random when dealing with these claims? Or is the level of response people get dependent upon how much money your owed?
As far as I can tell it's somewhat random..but I don't think the amount of your claim should affect how long they take to respond. Just stick to your timescale and make that claim if their time is up. Good luck!
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