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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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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...

A bit of an update for you all,

 

I completed a N244 change request form and sent it to the court. This was necessary as:

 

A. EMC are not a limited company

B. EMC have stopped trading

 

The court have accepted my request, so the case is now against the parent company. The court and CROWN MOTOR DIRECT LTD now have all the documentation that I will personally present in court on 29th November ( now that I will not be overseas on this date). My claim amount is now FAR more than the purchase price of the vehicle. I'm rather optimistic, and quite looking forward to the hearing in all honesty. 

 

The defendant's never opted for mediation, but I stand to gain much more now through the court anyway. Let's see what goes down in a few weeks. 

 

@ admins. Is it worth changing the thread title to highlight the defendants name change ?

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That's great news. I'm just submitting my court paperwork now. 

 

FYI EMC say they have ceased trading but they have not. They have changed their name to Chobham Central Garage. The new website even lists the same registered company number (which actually belongs to Crown motor direct Ltd). 

 

For anyone that received a letter from EMC Sales saying that they have ceased trading. Do not fall for it. Send all communication to Cmd.fca@hotmail@com 

 

All the garage names are just trading names of Crown Motor Direct Ltd. And according to companies House the company is still active. Hope this helps. 

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Wow guys,
I am not sure where to start. I am glad you have all got further in your cases and I think I need to really take the next steps on mine.

When I was there Nathan was the only name I had who was the person who sold the car to me.
When I picked up the car it was an Irish man who was the manager but I can't remember his name...

Aside from that I have Mikael Shamir the complaints handler. But I am sure you all have his name.

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its a witness statement 

and you are the claimant not the defendant.

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

1 hour ago, SavoyTruffle said:

as part of my defence package

ST is the claimant

doesn't defend anything...

 

bundles to court at the hearing are called witness statements and need to be exchanged 14 days before the hearing date of 14th nov

 

has the defendant contacted you by email at all ST?

but you gave one on the n180?

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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1 hour ago, dx100uk said:

ST is the claimant

doesn't defend anything...

 

bundles to court at the hearing are called witness statements and need to be exchanged 14 days before the hearing date of 14th nov

 

has the defendant contacted you by email at all ST?

but you gave one on the n180?

You're right. I used the incorrect wording, so apologies for the confusion.

 

I've had no email correspondence from them since end of March. I did fill my own email address in on the N180. I can't remember if I added their own email address in though. The form is at home in Scotland, and I'm in Finland right now.

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Is not your ws due today?

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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I am well shocked reading all this.

 

We had the same situation with EMC Cars over 12 month ago.

The car started to chuckle the same day we picked it up

 

we went to the garage next day to return it and they refused to take it back but they offered to fix it.

After driving 284miles when we were about to take off to the airport the engine did not start. let us completely down.

 

EMC of course refused to take it back or repair it and asked us for the registered engineered report.

After delivering the report to them, they said we can fix it with  provided warranty - but the warranty did not covered it. 

 

What a stressful time we had.

No money, dumped car on our driveway which we could not even move and our garden project had to be postponed as we could not get digger to the rear!

 

 We registered the case with Ombudsman

- it took over 10 months of constant chasing and chasing

 

in the end they said we need to keep this car as the fault could happen within the 280 miles we drove with it!

End of the story.

 

The Autotrader Add said  ( i emailed copy of it to Ombudsman ) car is in excellent condition

- Ombudsman said

- that means for ' their age and millage ' 

 

One total joke!

They were giving week after week for the EMC to reply to them and that is why it took so long.

 

Now: We had to buy another car for the time being and now trying to sell the one from EMC cars with is already worth GBP 1500 less!!

 

Why they go away with this all???

Take the money and laugh???

And the consumer has to pay the huge price for it???

 

 Where is the law?

 

I am wonder how your court case goes.

Please let us know! It may give me the power to register our case with court as well!

Good luck!

 

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All of these cases need to be declared to citizens advice. 

 

Speak to an advisor and tell them what happened, ask for the case to be referred to trading standards. Crown motor direct (emc car sales and now chobham Central garage) have gotten away with this for too long. 

 

I have also sent my story to the Surrey advertiser newspaper. 

 

Oh and make sure your financial claim is submitted too. If you don't and Crown motor direct enters an insolvency agreement, you won't be listed as a creditor and will find it very hard to get even a fraction of your money. 

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Hi

 

good idea I have already had them referred to trading standards about a month ago and I contacted the ombudsman but they’re not registered with them unlike it says on their sales invoice

 

. I’m definitely happy to write to BBC watchdog as Want them to pay for what they have done

 

It really is disgusting and so dangerous selling cars that are not even roadworthy

 

. I had my six-year-old daughter in the car with my clutch went on a busy 4 lane road. 
 

I phoned citizens advice yesterday to see if I could try to recoup any of my costs and they is advised that because it wasn’t a limited company my only hope was to try and contact the insolvency department but I don’t remain hopeful.

 

 

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Hi 

 

How can I prove that EMC car sales is just a trading name of Crown Motor Direct Limited? I am asking as I am waiting for a date of hearing against EMC but they cesead trading and we don't know what to do next?

 

Thanks 

Bench

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If they are T/A then they cant avoid any legal claims against EMC under the new name

Someone needs to send in HCEO and seize assets.

 

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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That's why I changed the name on my claim to CROWN MOTOR DIRECT LTD. It cost me £100 to do. 

 

I've a few hundred to add to the final bill yet. Roll on end November.. 

4 hours ago, Bench123 said:

Hi 

 

How can I prove that EMC car sales is just a trading name of Crown Motor Direct Limited? I am asking as I am waiting for a date of hearing against EMC but they cesead trading and we don't know what to do next?

 

Thanks 

 

 

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AFAIK if the register shows T/A an old name it doesn't matter

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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