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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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Lowell claim form - old Shop Direct CAT 'DEBT'***Claim Struck Out***


Saj33
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scan up the WS And their exhibits to one multipage PDF please

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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If i have not deleted any personal details please let me know. I have deleted the amounts and dates which i now know i shouldnt have. If you require these please let me know and i will upload again.

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that's a very poor WS IMHO from a debt buyer. anyway

well need the monies and dates back in their account statement please

 

 

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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Hi,

 

Please see attached account statement. Is there anything that i need to do right now apart from research and prepare for the court date?

 

For someone who doesnt know the legal system very well, at first glance the claimants witness statement looked well prepared in my eyes, why do you think it is a poor WS? what do you my chances are? any comments on the notice of assignment that the claimant provided, doesnt look an official copy to me?

Account statement.pdf

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All witness statements in support of the claims by a DCA rely on CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33#33.2

 

http://www.legislation.gov.uk/ukpga/1995/38/section/2

 

Regards

 

Andy

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What further assistance to you require Saj ? Not much further to advice now apart from attending the trial.

 

Andy

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Hi

 

I am just a little worried about the evidence in the claimants witness statement.

 

What do you think my chances are? any comments on the notice of assignment that the claimant provided, doesnt look an official copy to me?

 

With all the evidence that they have not sure what my chances are and i am very nervous about attending the case

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What in particular worries you ?

 

Does the NoA contain all the correct details..address...account numbers...dates ..and amounts ?

 

Andy

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Hi,

 

Yes the NoA contains all the correct details apart from the new reference number which i do not recognise.

 

What worries me how do i defend my case when the witness statement has all the evidence to prove the claimant owns the debt? If the claimants solicitors turn up at the courts, how can i possibly defend my case?

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Well if the NoA does not contain the correct account number then the Notice of Assignment is questionable...and whether the Claimant has a valid claim.?

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The account number is correct on NoA, there is also a new account num ref on the NoA which i do not recognise, i am assuming this is lowells reference.

 

From the claimanslts witness statement is there anything i can argue against? My court hearing is tomorrow.

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It must be...but I thought from your post they had changed it and did not put the original number.

 

Do you think there is anything in the Claimants witness statement you can argue against ?..you have read it and you know the all the details of the agreement/dispute and debt ?

 

I have advise in post#82 one of the main flaws of witness statements submitted by Assignee's/DCAs when litigating.

 

Andy

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I cannot see anything which i can argue against apart from the NoA which does not appear to have any logos etc. There is the matter of all the evidence in the witness statement, they had months to provide this but supplied everything in the witness statement.

 

I dont fully understand post 82, i have tried to read up on things but this is all very confusing for me and i am not the most clever person. The only thing i can do now is see how the judge sees the case, if i am asked any questions i will answer otherwise i wont have anything to say.

 

If the claimant wins the case, will all the case fees be added onto the case? Starting to regret going all the way should have settled the case sooner.

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If they win the claim then yes the total amount due will be £634.71...the initial debt was £450...so £180 fees.

 

It must be noted that we have yet to see any Lowell claim that succeeds on a catalogue debt...the paperwork is simply invalid.

But it does not look like your willing to put much fight into this Saj so better going with my next proposal.......

 

There is nothing to stop you talking to their Legal representative before you go into court and try to agree a settlement...assuming they even turn up.

 

Regards

 

Andy

We could do with some help from you.

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Hi,

 

An update,

after a long morning i decided to attend the court hearing.

 

 

The claimants representative turned up at the case.

The judge dismissed the case based on the fact that no default notice was provided.

The claimants solicitor said she could provide this within 14 days

and the judge said no it should have been provided at the case hearing.

 

As i was leaving the courts,

the claimants solicitor approached me and said i only work for solicitors but they will reopen the case once they get the default notice.

 

I also spoke to one of the court staff regarding the negative information on my credit file( default)

i was told to come back tomorrow and there is a form i can fill in to get the default removed,

is this correct?

 

Thank you to all who have helped me.

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well done you won

 

 

never heard of any court form to wipe credit files

 

 

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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They will have a job " re opening " a struck out claim........:wink:

 

Well done Saj..bet your glad you did decide to attend..otherwise they would have won...default notice or not.

 

Thread title amended to reflect the outcome...

 

Regards

 

Andy

We could do with some help from you.

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I am glad, thank you andy and dx for your help.

 

In terms of the default that is on ny credit file in the name of lowell, is their any chance of getting this removed seeing as the case has been struck out?.

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no

the OC placed it when they sold the debt

lowells name was simply substituted inplace of the OC when they purchased all the rights.

 

the only way would be to prove SD were wrong to place it.

 

oh and what a change to the poster that came here in November

every other post was

I wanna pay the dca i'll lose!!

i'm scared!!

 

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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  • 2 weeks later...

Hi,

 

I got a letter from lowell stating they are going to close my case and remove all negative information from credit file.

 

I have checked my credit file with clear score and the lowell account is no longer there. I checked with mse credit club and the default has now changed to default/ended, what does this mean?

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dunno never heard of that.

but as they've said it would be wiped

then it shouldn't be mentioning the word default,

 

 

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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