Jump to content


  • Tweets

  • Posts

    • 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?   
    • The airline says it is investigating reports that customers can view other passengers' personal information.View the full article
    • They are finding new ways to cut back on household spending as China’s economy loses steam.View the full article
    • 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 
    • India has one of the world's fastest growing economies but the benefits are yet to fully reach the poorest.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Wrongful CCJ issued against me which has now been set aside


axil23
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2548 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok will get this done.

I really can't afford to loose this case as that CCJ will hurt my credit for the next 6 years.

Is there anything else I can take?

I was thinking of taking a land registry search to show the owner of the house is my Dad.

Link to post
Share on other sites

  • 1 month later...
  • Replies 107
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Got my case in a few days.

I had committed to my business partner that I would do a loan of 10,000 into our company by the end of last month.

 

When I applied for a loan to my bank it was rejected due to the CCJ.

Even though I have successfully taken out a personal loan from them tons of times.

 

This left me in a very nasty situation so had to beg and borrow some of it

and the bank agreed to give me a emergency overdraft for the rest.

I am now stuck with extra fees of £300 for this.

 

Will I be given a option by the judge to claim any costs?

Link to post
Share on other sites

" Will I be given a option by the judge to claim any costs? "

 

Only if the set a side is allowed or if they wish to continue he may reserve costs to the outcome of the claim...but again if they win...no costs.

 

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

Link to post
Share on other sites

The judge agreed to set judgement aside but corrected the names wanted to claim to be heard again.

So what does this mean?

 

When I asked the judge if the CCJ will come off my credit history he said it will be marked as set aside.

 

Does this mean that my credit history goes back to normal now

 

or will I have to build it up again as the score is currently 200 when it used to be 850+.

 

Do I need to do anything to clear the CCJ or is it a automated process?

Link to post
Share on other sites

The judge agreed to set judgement aside but corrected the names wanted to claim to be heard again.

So what does this mean?

 

When I asked the judge if the CCJ will come off my credit history he said it will be marked as set aside.

Does this mean that my credit history goes back to normal now Yes

or will I have to build it up again as the score is currently 200 when it used to be 850+. No

 

Do I need to do anything to clear the CCJ or is it a automated process?

Automated....but check with Trust Registry that its not registered.

 

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

Link to post
Share on other sites

  • 3 months later...

Finally got this set aside.

 

The judge said that the case will be started afresh against me as the claimant is still adamant that I am jointly liable.

 

I have received the court documents and have replied back to the court with photos to show the quality of work done.

 

Do I need to send the photo's to the claimant too?

 

I have shown him the work wasn't satisfactory before but does he need to see what I will be relying on when I defend the case?

Link to post
Share on other sites

Can you show us your Defence please?

 

Sorry I am not sure what you mean by that?

 

 

I got a letter from the court that asked for my part of the story and asked me to sign a statement of truth.

 

 

My question is that in a CCJ case do I need to send any photos that I will be using in court on the day to the other party too?

Link to post
Share on other sites

It was a good couple of months back.

 

 

Can't remember exactly but in brief it was an explanation of why I thought his work was not what I had asked for and of the quality that a new product should be.

Link to post
Share on other sites

Were you not given copies of what you signed?

 

Who has these signed documents, you need copies!

 

How will you be able to successfully defend this with no paperwork?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

gentlemen

no need to keep quoting the post you are replying too

 

 

makes the thread twice as long...

 

 

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... 

Link to post
Share on other sites

I am really confused.

someone has done a CCJ against me.

I got the paperwork to either admit it or defend it.

I filled in the courts documents and posted them off to the court with the required photos which I would like to use to defend my case.

Thats all that I have done.

 

 

My question is the photos that I have taken do I need to send them to the claimant too?

Link to post
Share on other sites

You will be expected to follow directions once the claim has been allocated to track and transferred to your local county court...the directions will consist of submitting a witness statement with any evidence (documents/pictures) attached and you will be required to complete standard disclosure (everything you rely on a evidence).

 

When you are subjected to any litigation (court claim) its common sense to retain a file of your own of everything submitted..how else are you able to refer to things you have stated under questioning ?

 

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

Link to post
Share on other sites

It has been appointed to the court and that is the documents that I was referring to.

 

 

Replied to them 2 months back and yes I have kept a copy of everything I have sent.

 

 

My question is do I need to send copies of the photos to the claimant too?

Link to post
Share on other sites

It has been appointed to the court and that is the documents that I was referring to. Replied to them 2 months back and yes I have kept a copy of everything I have sent. My question is do I need to send copies of the photos to the claimant too?

 

Has the claim been transferred to your local county court yet ?

 

Have you completed a Directions Questionnaire ?

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

Link to post
Share on other sites

When you submit your witness statement to the court and claimant you will attach everything you rely on, including photos to it as exhibit "A" , exhibit "B" etc

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

It has been appointed to the court and that is the documents that I was referring to. Replied to them 2 months back and yes I have kept a copy of everything I have sent. My question is do I need to send copies of the photos to the claimant too?

 

 

Then why can't you copy and paste your Defence in here then?!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...