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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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Arrow Not Accepting Payments on CCJ


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Thanks sequenci and andyorch for the information.

 

That is a really good website!

 

Another question I'm afraid:

 

a friend says she might be able to help me out but can't afford more than about half of the amount I owe (thank goodness for friends!!)

 

So, if I send a F&F settlement letter to them and they agree to accept,

 

how do I get the CCJ removed?

 

Do I have to mention it in the F&F letter?

 

rgds

CL

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You cant .....it would appear as partially satisfied or satisfied and remain on your CRA,s for 6 years.

We could do with some help from you.

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Well the game is to avoid the CCJ in the first place...which you probably will in future.

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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  • 3 weeks later...

I've been reading your thread and hope by posting my husband's experience you will be reassured.

 

A few years ago Restons applied for CCJ's on 2 of my husband's defaulted credit card debts.

 

He had been paying them for over a year via a debt management plan operated by Payplan.

They were hell bent on squeezing the total debt plus charges and interest out of him and refused to accept the DMP.

They got their CCJ and the Judge ordered installments at the rate of the DMP, we managed to kick out all the larded on costs and interest.

 

Then they applied for a redetermination, the DMP payments were not enough and they also applied for a charge on our house.

I objected to this and we went to our local court to discuss this.

 

It was informal and held in the judges 'chamber'.

 

He was highly critical of Restons and very considerate of my objections.

 

In the end he did award the charge but instructed that the monthly payments continue as set

and that as long as this was met they could not apply for our house to be sold.

This was recorded on the CCJ

He also said that had my husband been able to clear the debt in five years he would have been minded not to grant the charging order.

 

My husband kept up the payments for 3 more years until last year they accepted a full and final offer.

They removed the charge and the Land Registry confirmed to us that it had been removed.

 

And the come-uppance theory does work,

after we left the court for the Charging hearing,

walking across the car park back to our car,

the local brief who had represented Restons caught up with us

and was kcking off about Restons big time.

 

They refused to pay him for the hours he'd worked on this case,

he looked like he'd swallowed a wasp!

 

We told him that he should give serious consideration to obtaining a CCJ and charge on them and bust our guts laughing!

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Hi andyorch,Right, I see but we live roughly 150 miles away from Kings Lynn! Why would they apply for the Hearing to be held there? Also wanted to ask you - the debt on the CCJ is under £5,000 but with Court costs etc. added for the CO it will probably take it over £5,000. Will they be able to add interest to it because of that?Hi DuffNCustard,Brilliant, thanks for sharing that with me. I had a good laugh!CL

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You can make application to transfer it to your local county court...you are the litigant.with regards the interest...its the judgment debt amount stated within the judgment order..so if less than 5k you are protected.

We could do with some help from you.

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Thanks so much for the info Andyorch. But how do I make application to have it transferred? Which Court form will I have to complete? And presumably I will have to send Restons a copy of it as well?

 

Rgds CL

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http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice

 

The fee is £55..the court will serve a copy.

 

Regards

 

Andy

We could do with some help from you.

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Thanks again Andy,

 

I haven't yet received the Interim CO so all this info is arming me for when it pops through our letterbox!

 

I'm worried that I will miss the time slot for changing the Court Hearing venue as we are being taken on holiday with family during August! Is there a form requesting another date for the Final CO Hearing?

 

rgds CL

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Wait until you get the paperwork....your options should be provided within the General Order Chicken.

We could do with some help from you.

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Having said that if as you stated " Received from Northampton a Notice of Transfer of Proceedings to King's Lynn "...you should be making application now.

We could do with some help from you.

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  • 4 months later...

Hi All and a Merry Christmas to everyone,

 

This was originally a HBoS credit card debt! A CCJ was slapped on me and within 5 months of paying regularly Restons started hassling me to increase the payments. I ignored their letters and now they have sent me an Interim Charging Order (received last Thursday). I have already emailed the Court and requested it be changed to my local Court.

 

I also received copy of Title Deeds from the Land Registry (so did OH) with a deadline of 8th January to return their Consent Form.

 

Hoping someone out there can answer a few questions I have about this please:

 

I don't feel inclined to Consent to this CO so can I just object on the grounds that I have not defaulted on my payments?

 

And, if I do have to sign the Consent form can I then object to it when I get into Court?

 

And what about OH? Naturally, he objects! But what sort of objections would be accepted as relevant, short of saying 'no way'?

 

Can anyone help me here please?

regards

CL

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old and new threads merged

 

 

please keep to one thread

 

 

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 All and a Merry Christmas to everyone,

 

This was originally a HBoS credit card debt! A CCJ was slapped on me and within 5 months of paying regularly Restons started hassling me to increase the payments.Ignore unless they apply for a redetermination I ignored their letters and now they have sent me an Interim Charging Order (received last Thursday). I have already emailed the Court and requested it be changed to my local Court.

 

I also received copy of Title Deeds from the Land Registry (so did OH) with a deadline of 8th January to return their Consent Form.

 

Hoping someone out there can answer a few questions I have about this please:

 

I don't feel inclined to Consent to this CO so can I just object on the grounds that I have not defaulted on my payments? No its irrelevant

 

And, if I do have to sign the Consent form can I then object to it when I get into Court? No Consents involved

 

And what about OH? Naturally, he objects! But what sort of objections would be accepted as relevant, short of saying 'no way'? If its your debt only on a joint mortgage ...a restriction is placed against your half of the equity.

 

Can anyone help me here please?

regards

CL

 

Regards

 

Andy

We could do with some help from you.

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You can but I will doubt it will effect the Charging Order going through.

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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Is it the case that if I don't let them know of my other creditors now then I can't mention them at the Hearing? I am really worried about all this paperwork that I have received - I just want to do things right. I hope you don't mind me asking you these questions.

 

CL

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