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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?   
    • 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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claim form IND/Heggarty on old Lloyds (5 and a half years) credit card debt***Claim Dismissed***


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Will prepare everything tomorrow and post first thing on Monday.

 

Will just have to quote section 1 of the law of property act 1989 and section 74 of the 1925 act to cover all the bases in terms of what a deed is.

I feel pretty confident with my defence really, mainly due to the poor process and naff evidence from the claimant.

 

Fingers crossed that it's ok and then judge chooses to throw it out.

 

One question...

 

If it gets struck out. Can the claimant re instigate another claim?

 

Will that claim be statute barred of was the statute barred clock reset when the made the last claim, even though it was struck out?

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no they cant if its struck out

and if it is struck out its as if it never happened.

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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Sweet.

 

So their statute barred is hanging on a thread.

 

How do you think my defence looks?

 

I can back up the evidence per the NoA that states FCA on a 2011 letter and the other letter from Lloyd's literally had small print at the bottom that is illegible in every copy I have seen, hence every copy lodged with the court.

 

They maybe have provided the court with a more detailed copy of the DoA but I doubt it.

 

Honest opinion?

 

You guys have been a godsend over the last 4 years and instilled me with the confidence to research and take these fools on.

I really hope I can knock this out the park and offer some hope to others in the same position in the future.

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In their witness statement they say at the end:

 

"The Claimant accepts the Defendant's medical condition, however this is not a defence."

 

I have no idea what they are talking about here. At no point have I specified having any medical condition and I do not have, nor have I ever had, any medical condition.

 

Is it worth pointing out that this is another example of them not knowing what they are talking about?

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Yes worth raising ...reflects that their WS is inaccurate and cannot be relied upon..perhaps ask the judge to ask them to expand on this medical condition.

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I've already posted the WS off now but I can still raise this in court though as it is documented right?

 

Court date is 16th January so I can have a break from this for Christmas.

 

Thanks again for all of your help.

 

Fingers crossed for this.

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  • 1 month later...

CASE DISMISSED!

 

Dealt with in under 20 minutes based on the address on the CCA being incorrect. The judge accepted my Electoral Roll copies as evidence of the address at the time of execution.

 

The solicitor for IND actually argued my case for me so we could get it over with quicker and go to lunch. I think he could see that the points raised in my witness statement would have led to a rocky ride for him and it was as well to address the CCA first as it was the strongest point.

 

Although they failed the court order, the judge accepted the documents and said that the quality of the content of the documents was not specified in the order and as such would be subject to debate if I wished to highlight problems with them. She did point out that there were very clear issues with the documents though.

 

She also said that it would have been lovely to spend and hour or so debating the finer points of law with regards to the evidence provided and that I would have enjoyed that too based on the work that I had put into the content of my witness statement.

 

The CCA error was a fundamental flaw in the claim and was clearly unenforceable and as such there was no point in addressing any of the further points.

 

An interesting comment she made was that with regards to the deed. If it was supposed to be a deed then it was not one but the question of whether a deed was actually required was arguable and as such the document provided may well have stood.

 

No award was given for costs but £255 is a small price to pay for wiping a CCJ and a £5,000 + claim.

 

I do feel I should have been refunded my costs but the judge said I should be happy that the case is dismissed and that I am absolved of any obligations or responsibilities for this matter.

 

Thanks again for all of your help and support with this!

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Well done thread title updated.

 

Please consider making a donation to help us to continue to help others.

 

Regards

Andy

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