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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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HCEO re: CCJ for unpaid car rental excess Fee following write-off


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Hi all - I need a little bit of advice please.

 

I have had a Notice of Enforcement from Marstons, for just over £1100.00.

I believe my notice period ends on Monday.

 

 

The money is owed as the result of excess on car insurance after an unfortunate accident in a hire car. Insurance and the car provided by a hire car firm.

 

I have spoken to them this evening and asked them if I could set up some sort of payment arrangement to pay them, but have been told they wouldn't do that without a HCEO visiting to see what goods I have.

 

I told them about lung issues I have,

which leave me often unable to walk and/or adequately breathe,

which leaves me in a lot of pain and that it's not likely I'll get to the door.

 

 

I have two children living with me (my 16yo daughter acts as a sort of unofficial carer), and he suggested that I send them to the door to let them in.

 

BUT, is a hire agreement regulated by the Consumer Credit Act and are (as the internet seems to suggest), HCEO's not allowed to collect on these debts?

Is this accurate please or has it changed?

 

The result I want is to get to a stage where I can make regular payments (I'm happy to do that), but in this situation I fear I'm going to be at the mercy of a HCEO who will affect my health by making things difficult.

 

My health often suffers if I am up and about too much and it declines rapidly, something they are demanding of me by asking me to answer and deal with them at the door.

 

Thank you for having a place I could ask this question.

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well you most certainly DONT ever let him in nor sign anything with him.

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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excess claim on car insurance is not covered by the CCA.

 

 

so it can be an HCEO.

 

 

what letters have you had and their dates

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's not excess on a car insurance document though is it,

it's excess included in a hire agreement,

which is the same document they are using to enforce my payment of this money.

 

 

I thought perhaps that as this detail was included in the agreement and only in the agreement

(the only paperwork between the hirer and myself), and the agreement should be regulated by the CCA, that this should apply?

 

I have had a Notice of Enforcement, received two days ago, dated 8th February 2017 (our post can be like that).

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unless the claimform says its CCA regulated its not

 

 

can you post up the poc from the claimform 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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Share on other sites

It says (my name) hired a people carrier from (Claimant), on the 27th Dec 2014.

 

Unfortunately she had an accident, and the car has been write off (sic),

(My name) was well aware that there was an excess on the vehicle of 1000 (sic) in the event of an accident where the vehicle was declared a write off.

 

We have the original signed insurance documentation.

 

We have made several attempts with no avail to get (my name) to pay the money she owes.

 

That's exactly as it's written.

 

I did try and pay them and wrote to them on numerous osccasions,

but they wanted the full amount.

I couldn't pay it.

I offered £200/month.

 

Also the document they are referring to is a hire purchase agreement, with insurance details on it, rather than an exclusive insurance document.

 

Everything I can find online suggests that to hire cars out they need to have a consumer credit license, and that the consumer credit act regulates car hire.

 

I'm just trying to understand why if that's the case, this is not covered.

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HP agreements have nothing to do with Hiring a car...and Hire Car has nothing to do with CCA1974

 

Andy

We could do with some help from you.

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It's not Hire Purchase is it to rent a car for two days?

 

I know thats what Ive just stated

We could do with some help from you.

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Is there anything else I can do?

 

Take it up with the company that provided the car insurance for 2 days

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Okay, sorry.

 

I'm just trying to find a way to stop this so I can deal with it within my ability and means.

 

Take it up with the company that provided the car insurance for 2 days

 

The rental company?

 

They denied my offers to pay.

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who was the claimant?

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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Share on other sites

Why did you not defend the claim when it arrived ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hi all - I need a little bit of advice please.

 

I have had a Notice of Enforcement from Marstons, for just over £1100.00. I believe my notice period ends on Monday.

 

The money is owed as the result of excess on car insurance after an unfortunate accident in a hire car. Insurance and the car provided by a hire car firm.

 

I have spoken to them this evening and asked them if I could set up some sort of payment arrangement to pay them, but have been told they wouldn't do that without a HCEO visiting to see what goods I have.

 

I told them about lung issues I have, which leave me often unable to walk and/or adequately breathe, which leaves me in a lot of pain and that it's not likely I'll get to the door.

 

My health often suffers if I am up and about too much and it declines rapidly, something they are demanding of me by asking me to answer and deal with them at the door.

 

Thank you for having a place I could ask this question.

 

Unfortunately, with CCJ's passed to a High Court enforcement company, it is a requirement that a payment arrangement cannot be accepted without a personal visit being made. The reason is outlined under paragraph 7.3 of the following Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014.

 

http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf

 

You say that you have health problems. Are you in respect of any disability benefits?

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A local hardware company who are running a Practical Car Hire franchise as far as I can tell.

 

nice to see bailiff advice pop up

 

why are they hiring cars out with inadequate insurance inplace???

 

sorry something smells here

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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Share on other sites

Unfortunately, with CCJ's passed to a High Court enforcement company, it is a requirement that a payment arrangement cannot be accepted without a personal visit being made. The reason is outlined in the following Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014.

 

You say that you have health problems. Are you in respect of any disability benefits?

 

No, I'm self employed, so I can work from my laptop in bed if I need to. I get in work benefit help with having children, but that's it. I'm not able to get to the pip assessments, so I have never gone through with finishing applying for it.

 

I live in the middle of nowhere, one friend local and no family. I have no support to make that happen.

 

nice to see bailiff advice pop up

 

why are they hiring cars out with inadequate insurance inplace???

 

sorry something smells here

 

Should they not be hiring out cars?

 

I don't understand, what smells?

 

I'm really worried about this, I can take a photo of that section of the claim of it helps, but I copied it word for word (except for my and their name).

 

I live in a very rural area, I'd rather not give details out is all.

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http://www.the-franchise-shop.com/list/401/practical-car-amp-van-rental

 

Claimant:A local hardware company who are running a Practical Car Hire franchise :

It says (my name) hired a people carrier from (Claimant), on the 27th Dec 2014.

 

well for a start I don't like this line in the POC:

 

(My name) was well aware that there was an excess on the vehicle of 1000 (sic) in the event of an accident where the vehicle was declared a write off.

 

this claim is more than 2yrs old, why HCEO now?

....

 

you signed a rental agreement with the require clause regarding excess

 

they've taken this long..

 

too me it all smells

but you need to deal with the HCEO and BA can help with that

 

me pers..i'd be going for a set aside on the CCJ and you should get remit on the £255 fees if you are lucky and on benefits..

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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Share on other sites

No, I'm self employed, so I can work from my laptop in bed if I need to. I get in work benefit help with having children, but that's it. I'm not able to get to the pip assessments, so I have never gone through with finishing applying for it.

 

I live in the middle of nowhere, one friend local and no family. I have no support to make that happen.

 

What sort of payment proposal were you considering making?

 

Do you have a car parked outside of your home? If so, it is at risk if being seized. How much roughly is it worth?

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I hope to strike a balance between what they want and what I can afford. It's not going to be anywhere near the £200 I offered originally, I'm much worse off now. I'm struggling with life generally if I'm honest.

 

I don't have a car, I hire them when I need one.

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Hi, yeah I still have my copy. It was a full agreement with insurance as part of that agreement in one section.

 

I wasn't offered any other insurance ever. I hired with them regularly over a number of years. Always just the same one sheet document.

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I have moved your thread to the Motor insurance Forum....I appreciate that there is a Bailiff element....but you need expert advice from our insurance guys......once you have this part sorted we can move you back to Bailiff Forum.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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