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    • The only way to verify whether there is any financial reward for the management is seeing the agreement. That would be required during disclosure IF court proceedings went ahead... Unless you could bring pressure to bear and get a copy?
    • 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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Creation Store Card reclaim late fees


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  • 4 weeks later...
  • Replies 165
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CFS have appointed a DCA - who keep sending me letters about the debt. Can they do this whilst it is in the court system? I thought that once an account was disputed that all collection activity had to stop? They also keep noting the account as defaulted each month....

Is there a template letter I can use to get rid of the dca?

 

Can I send the dca something along the lines of:

 

I refer to your letter of xx, the content of which is noted.

 

The account to which you refer has been in dispute with your client since xx.

 

Furthermore, I have issued a Court Claim against your client

- they are the Defendant; I am the Claimant.

 

The debt amount in question is disputed and the default issued against me is erroneous.

My claim against your client is for a far greater sum than the amount you allege I owe.

 

In the circumstances, your/your clients threat of legal action appears to be not only redundant,

but a breach of the Consumer Protection from Unfair Trading Regs 2008

and the FCA's consumer credit sourcebook

 

Claims made by you or your client will be robustly defended and the Court's attention drawn to the above statutory breaches.

 

I reserve the right to bring the conduct of your client to the attention of the Court

when the issue of costs is being considered.

Yours faithfully

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Hi Mum,

 

It's a bit longer than I'd have written which would be :-

 

I refer to demands made by you in respect of the alleged debt.

 

This matter is in clear dispute and is currently the subject of court action taken by me against the Defendant who is your client.

 

You should contact your client for confirmation about the court action and ensure that no further demands are made, until my court claim is resolved.

 

:-)

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Update

I have received allocation and directions

 

I have 7 weeks to compile all info to help my case, or to negotiate with them on a settlement.

Might I next expect a letter from the same Sols about settling?

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Hi Mum,

 

Can you confirm the date by which you must file and serve your bundles.

 

The sol'rs will be in no hurry to settle and it is YOU who should make the first move. They'll be paid regardless of the outcome.

 

You can write to them saying, "I have received Directions from the court setting out the dates for submission of evidence and the hearing date.

 

I will shortly begin finalising my evidence which will involve considerable time and expense.

 

In order to avoid further use of the courts resources, and the costs involved in ongoing litigation, I invite you to settle my claim as filed.

 

In order to communicate faster, you may wish to reply by email to [email protected] "

 

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Hi

The date docs need to be presented is 1st July.

I have never had any correspondence from CFS. They never replied to any letters.

So I guess maybe I assume the dca chasing me for payment of the debt is the same dca to contact regarding settlement?

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No mum any settlement correspondence goes to the sols not the dca

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Hi Mum,

 

Apart from the letters above, ignore CFS completely.

 

Negotiations will be with the sol'rs defending BC in litigation.

 

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  • 3 weeks later...

Internal Sols for CFS??

I have apx 4weeks before the hearing.

So I think I need to get my skates on.

I will draft a letter tomorrow.

 

 

I just checked my file and their defence came from internal sols so will send to them....

 

 

(I have been slow with this as very busy with other work/personal issues)

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Hi Mum,

 

Use the draft in post that post earlier if you haven't sent it already.

 

It should go to the internal sol'rs as you say.

 

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Hi Mum,

 

I don't see a need to use Without Prejudice.

 

:-)

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So NO news from CFS

 

 

I have another case with Barc that needs my attention - have to present docs by Tues. So am under pressure.

BUT - this is looming very close. I need to produce bundles for the court/defence within 3 weeks. And have not started yet.

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So what date is this hearing ?

We could do with some help from you.

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  • 2 weeks later...

I have just finished an epic few days compiling docs for another case which had a looming deadline.

I am now turning my attention to all the docs (bundle) that need preparing for this case.

I assume - unless someone tells me I am wrong - that I can now edit my other docs to suit here????

 

 

I do have a query though.

I have been packing/moving and somehow the file of card statements has gone missing :-(

So I have NO statements to include in my bundle.

Is this a major problem? ie if I don't have the statements I can't prove the penalty charges??

I have the dates and all our correspondence in a separate file on my desk. I just cant find the big file of statements.

Can I now (today) write to CFS asking for statement copies of the dates I am contesting?

It is very late in the game - as my full bundle needs to be delivered by next Friday.

 

T&Cs - does anyone have CFS T&Cs from 2003 and/or 2004?

 

Anyone?

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Hi Mum,

 

The 2 claims are based on the same principles so, with careful editing to reflect this being a store card case, the same doc'ts can be used.

 

I suggest you send off an SAR immediately for the statements. Or make it a top priority to find the "file of card statements" you refer to. I don't know if you can refer the the actual statements in the bundle and state "to follow due to house moving", so you can fwd them on receipt.

 

I'd like Andyorch to comment about this and will ask him for input.

 

:-)

 

Hi Mum,

 

Andyorch has replied :-

 

Just disclose the spreadsheet...that should contain and constitute the validity of the claim ... without the need of every single statement.The spread sheet I assume would be an exhibit to a witness statement which would contain a statement of truth.

 

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Thanks Slick Not many were looking here so added it to my other page and yes, he did reply there. So kind of sorted on statements ;-)

Now just need to prepare the bundle today/tomorrow.

Going to be a busy morning....

 

 

Just one thing - I'm moving very soon. Mail will be on divert. Should I tell the courts my temp address or just leave the mail on divert?

Just not sure if recorded/special delivery needing a sig is ok on divert? Or should I give them the temp address?

(Its just a temp before find a more permanent base...)

 

re: storecard editing - yes I definitely need to do this as my POC was full of errors calling them bank or bankcard etc... Have been going through my witness statement altering every 'bank' to storecard.... They did pick up on this.... I'm a newbie - they all seem the same to me!!

 

Is receipt of docs ok 14 days in advance?

Just trying to give me more time to complete this week!

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You must do as the directions say mum, deliver the docs to the court and the other side's solicitors, 14 days before the hearing

Edited by martin2006

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Ok thanks.

Working hard now.

 

I am struggling to find T&Cs for 2003 / 2004.

I really, really need to find some - as I need to refer to them in the Witness Statement.

ANYONE?

 

I understand there is a work in progress section in the library for old T&Cs. I just tried to access the library and it says I don't have access to that area. Has it moved? Or do I need to do something else?

 

Just a thought:

The Prelim letter I wrote asked CFS to send me the t&cs in force at time of account opening and any amendments subsequently. They were requested under CPR Pre-Action Protocol 4.6c. I mentioned that failure to forward these t&cs would be brought to the attention of the court if I was obliged to commence legal court action.

CFS never replied; never sent the T&Cs.

 

 

Should I mention this in my statement?

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Its all part of their none compliance to any section 77/78 request

We could do with some help from you.

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