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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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Now going to court!


Andy B
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Hi everyone,

 

I started my case with the BOS a month ago and to be honest they have been pretty quick in getting back to me so far with all of my charge details etc.

 

I recieved a letter a few days ago with the usual blurb of sorry your not happy, this is how our charges work and we feel justified etc. but we are prepared to offer you £146 back as a gesture of good will.

 

I am claiming just under £2500 in excess o/d and returned cheque charges and am about to move onto the next step. I presume that I need to accept the offer of £146 on the basis that I am still persueing the balance by letter but not fill in their nice form that states full and final settlement??

 

Any advice?

 

Andy

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Guest BlueRuby
I am claiming just under £2500 in excess o/d and returned cheque charges and am about to move onto the next step. I presume that I need to accept the offer of £146 on the basis that I am still persueing the balance by letter but not fill in their nice form that states full and final settlement??

 

:D Yes, aren't they generous :D You don't exactly need to accept their offer but you might as well! They will of course withdraw the offer as soon as they get your reply!

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Guest BlueRuby
Can they do that? I thought that once an offer had been made they couldn't withdraw it?

 

Oh yes, 'fraid so :cool: They will say it was made on the basis that it was in full and final settlement - which of course it isn't, is it? ;)

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  • 1 month later...

Hi folks,

 

I have been through the process so far and had to offers from the BOS, the last one after my LBA. The first on was for about £140 after the prelim letter and the new one after my LBA is just over £450.

 

Question? Should I now start the legal process now or send another letter, am a bit nervous, don't want to lose the current offer.

 

I havn't opened a parachute account yet either but do have a joint account with my other half.

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Guest BlueRuby

Make it absolutely clear that you are accepting the £450 as a part payment only. They will quite likely withdraw the offer but don't worry. You'll get it eventually! and more! Also, is your joint account with the same bank? If so I would definitely open a parachute acc. :)

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  • 2 months later...

I am Claiming £2600 in unfair charges, I've had 2 offers of goodwill, initially £146 and then £460 after LBA. both of which I have accepted as "part settlement" whilst continueing to pursue the full amount.

 

The last letter that I recieved stated that The Bank of Scotland would not be refunding my charges and I had refused the above 2 amounts.

 

I am now ready to start the legal process but am unsure as to wether to claim for everything at once and I also seem to remember seeing something about only being able to claim for 5 years charges in Scotland, is this the case as up until now I have been asking for 6 years to be refunded?

 

Any advice?

 

Cheers

 

Andy

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Hi Andy, I have merged your threads to make it easier to see all that has happened so far.

 

I have a few questions for you.

 

Have you actually received any money?

Are you in Scotland?

Where did you send your preliminary letter and LBA?

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