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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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Arrow Global/ Bryan Carter - MBNA Debt


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it does state that it was sold to arrow back in 2006, but could mbna sell the account to arrow without a issuing a default notice on me?

No the process is pretty well fool proof DN sent, not satisfied account terminated and sold on.

From what you say the document provided is a very poor effort at producing a " reconstituted agreement and it does not satisfy a CCA request, it should be rejected as non compliant.

 

 

Agreements don't have to be supplied with a SAR, and the deed of assignment is the contract of sale between the creditor and the debt purchaser and is confidential.

 

 

A recon agreement must have>

Your name and address at the inception of the account, ditto for the creditor.

The Ts & Cs in force at inception and closure of the account.

All material amendments to the Ts & Cs during the life of the agreement.

Any document (s) mentioned in the Ts & Cs.

 

 

If any part is not present the recon fails.

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Hi Brigadier thanks for replying,

 

 

shall I write to Arrow stating that,

 

 

I will not make any proposal of payment unless you comply fully with the CCA request,

 

 

the document you have sent is just a priority request form with my name and address typed on,

 

 

it is a foldable application form with the address on the back

 

 

but it did not have the terms and conditions.

 

 

the assignment or the statement of account.?

 

If MBNA or Arrow did not issue a default notice then can they go to court without one?

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Hi Brigadier thanks for replying, shall I write to Arrow stating that, I will not make any proposal of payment unless you comply fully with the CCA request, the document you have sent is just a priority request form with my name and address typed on, it is a foldable application form with the address on the back but it did not have the terms and conditions. also I have not received from you or MBNA the default notice, the assignment or the statement of account.?

 

 

If MBNA or Arrow did not issue a default notice then can they go to court without one?

 

 

 

 

Just reject is as non compliant they know it is and are chancing that you don't.

 

 

e.g.

 

 

Thank you for your response to my CCA request dated xx/xx/xxxx please note the document supplied does not meet the requirements of the request as a copy or a reconstruction of the original agreement and it is therefore rejected and this

alleged debt remains unenforceable via the court system.

 

 

Make them do the work!!

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thank you very much brigadier, I will write to them tomorrow

 

 

1 more question though can arrow default me now if I don't start making payments? because I don't think the original creditor has defaulted me and its not on the sar

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thank you very much brigadier, I will write to them tomorrow

 

 

1 more question though can arrow default me now if I don't start making payments? because I don't think the original creditor has defaulted me and its not on the sar

 

 

No most certainly they cannot default anything the default was placed by the original creditor and there can never be another one.

 

 

The DN will have been issued by the creditor, you did not satisfy the default, so the account was defaulted by the creditor then sold.

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

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the bottom line is

like 10'000's of others

 

 

you've been cash cowed blind by the DCA industry

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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it does state that it was sold to arrow back in 2006, but could mbna sell the account to arrow without a issuing a default notice on me?

 

MBNA have sometimes done precisely this. I kept as proof a copy of docs Hello/Goodbye > post- assignment D N. For a while, basically the mid-noughties, it was not unusual.

 

However, this is not to say your account was definitely one of them.

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MBNA have sometimes done precisely this. I kept as proof a copy of docs Hello/Goodbye > post- assignment D N. For a while, basically the mid-noughties, it was not unusual.

 

However, this is not to say your account was definitely one of them.

Don't worry about any further defaults happening now or in the future it's not going to happen!

Even if it did it is very easy to challenge.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Why? I mean why write?

 

Simple fact is they have no compliant CCA so they've conjured up a pathetically useless reconstruction. Moreover, it appears MBNA did not issue a default notice and cannot do so now, Arrow even less.

 

They will almost certainly not give up at this stage, but no need for you to write. All it does is alert them to the fact that their garbage is getting to you.

 

By all means write if you enjoy it, but not if you think it will keep these idiots at bay. They'll continue trying regardless, but far better not to assist by telling them what they have or haven't done right.

 

With the present state of affairs regarding the CCA and default notice, they've just about no chance of obtaining a CCJ.

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Thanks for all the reply's, In this case I will write to them and prove to them that I am aware of their actions and capable of fighting off these hyena's.

 

 

Thanks

 

You shouldn't be entering into letter tennis with these people for a failed CCA request. They know full well it doesn't comply.

 

There is no sanction for them other than them being unable to enforce in court.

 

Save your paper and stamps.

 

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