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
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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

museumsteve v Lloyds ****WON****


museumsteve
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6276 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

Hi guys

I'm helping a friend go through this process against Lloyds before I start my own case.

She has got to final stages (I guess) and filed AQ into the court on 4th November paying her £100. She has heard nothing since then from anyone, what should happen next and should she chase anyone up. She had received the usual tosh from Lloyds solicitors with their AQ, which stated they would not be available for court during November..

Also (I did do a search but found nothing) what happens with any charges since her original claim. She has approx £300 in charges since putting the first claim in back in July, can she add these to the existing claim or best to wait till this one sorted and start again?

I'm looking forward to sorting mine out very soon.

Thanks in advance.

 

ps. I'm helping her cos she is not on the net at home (yes, there are still people who do not surf, how do they survive lol)

Link to post
Share on other sites

Have you been doing this on her behalf or has she done a lot of this herself, the reason why I ask when you fill out the money claim online there is a section that automatically adds court fees. What other fees are you thinking about? The SAR is not refundable, but I suppose if you claimed from the outset for it you may get it back.

 

With regards to not hearing anything, you should be chasing up the courts, it's highly likely this claim is in a backlog waiting for a hearing. However have you had sight of the defendants AQ. If not request it ASAP.

 

There are template letters on here to combat pretty much everything.

 

About adding the charges, you will have to go through the whole process again, however I would say if you've beaten the bank already they'll cave in almost from the outset.

Link to post
Share on other sites

I am also interested how you have acted on behalf of your friend, as I am going through this myself for me and once I am successful I will be doing it on behalf of my girlfriend, have you got her to sign power of authority or similar or are you writing the letters and getting her to sign them.

Link to post
Share on other sites

sorry, not acting on her behalf, just helping her through the process as she isn;t really PC literate.

The fees we were thinking of were the £100 fee when submitting the AQ to the court, as the figures would have already been done.

I'll get her to ring the court on Monday morning.

 

Many thanks :)

Link to post
Share on other sites

  • 1 month later...

Right, date is nearly here. Can I ask about court hearings? The hearing she has is on 7th Feb but is a Preliminary Hearing, I take it this is different from a normal hearing. Can anyone shed any light on this and what she might expect? I may even go with her for moral support :)

Link to post
Share on other sites

Okay, it isn't 7th Feb it's 9th Feb, so this Friday.

I have had a look through various threads here and haven't seen anyone with the same paperwork wording that she has. It is on two sheets that arrived together back in december.

 

The wording on the first notice:-

 

General Form of Judgement or Order

 

Upon considering the court file

 

IT IS ORDERED THAT

 

List for preliminary hearing to consider evidence on time estimate on first open date after 7 days, time stimate 15 minutes

See attached hearing.

 

The wording on second notice:-

 

Notice of Hearing

 

TAKE NOTICE that the Hearing will tale place on

9 February 2007 at 1.00pm

 

When you should attend

 

15 minutes has been allocated for the hearing

 

Please Note: This case may be released to another Judge, possibly at a different court.

 

 

Can someone please shed some light on this? Is this a proper hearing where an outcome can be expected. I'm pretty confused and Dappy (Daphne) is getting the jitters.

Link to post
Share on other sites

HELP PLEASE....:eek:

 

Really need to know what she should take with her tomorrow. The wording about the hearing is shown above in it's entirety so there are no directions and nothing was asked for previously, does this seem odd. I have trawled the forums and have not found another thread about a prelim hearing in this manner..:confused:

Link to post
Share on other sites

Looks pretty standard stuff to me, the prelim will decide what if any the defendants defence will be and if both parties wish to go ahead to a full hearing etc etc, the defendant may not even show, good luck.

Have you prepaired for court yet as in your court bundle being prepaired?

Take any bundle you have with you

Link to post
Share on other sites

Hi museumsteve,

 

I assume you haven't contacted the court about this and got any advice from them? I've also tried searching and not come up with a lot - I'm sure there must be help somewhere on here but it's a matter of finding it. We've got A Small Claims Guide and it does have some information on a prelim hearing.

 

Preliminary hearings are not a formality. The parties must prepare for them and make sure that they are ready to deal with points arising.

 

The notice of the preliminary hearing will give the reason for the hearing. If either side does not understand the reason for the preliminary hearing they should write to the court at once for clarification. The purpose of the hearing may be defeated if its purpose is obscure.

 

At the preliminary hearing the District Judge may strike out any claim, defence or counterclaim and may give directions as to how the case will progress.

So going by that you need to spend the evening preparing. From what I can tell it is a hearing where you are going to present evidence - but please understand that is just my interpretation. I think you best read through GaryH's Statement of Evidence post as a guide and adapt it for your case - this should be sufficient. That's all i can suggest I'm afraid. I think this must be along the right tracks.

 

Unfortunately (and this isn't just directed at museumsteve), I think this is a really important example of when you can't always rely on this forum for help and advice when you're in the court stage. I'm not saying that to put down the forum as it's an excellent resource, but I'm seeing so many people asking important questions regarding court claims and waiting for somebody on here to answer rather than finding out from the court - sometimes leaving it too late. If in doubt the best thing is to contact the court immediately as they will be able to help. :)

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

OK. Good luck. :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

crumbs, that was a manic couple of hours :)

 

Anyway I have prepared a Statement of Evidence as well as a Basic Court Bundle..but I do have a couple of questions.

 

On the Court Bundle, what is 'Correspondence' referring to, top of the index? Hope that isn't a silly question.

 

Also on Court Bundle should you supply copy statements as well as a schedule of charges , listed 2 & 3 on index

Link to post
Share on other sites

Morning :)

 

I rang the court this morning to find out if Lloyds have sent anything in (as no settlement yet) and the lady told me they received a letter yesterday asking for a 14 day adjournment. She said the Judge would consider it at the hearing this afternoon..is this usual?

 

Anyway, we're all ready, everything bundled up nicely. I'll put up a rely later when we get back to let you know what happened.

Link to post
Share on other sites

Just got back from the Court. The Judge said that she was surprised we (well Daph) had turned up as they had received a letter from defence saying they would settle the claim within 14 days. She also advised if the claim is not settled within 14days the case will continue and to contact the courts.

 

What is the best way forward now? Should we write to SCM and advise of the whole amount of the claim including up to date interest (as it is ongoing till paid up) as well as a break down of court costs and other personal costs (time off etc)?

Link to post
Share on other sites

  • 2 weeks later...

Quick update.

Been 2 weeks since the court date and still nothing from Lloyds or SCM. We rang the court yesterday morning and asked what we should do and the lady said all we can do is write to the court and say the claim has not been settled. We then rang SCM, a pretty abrupt chap said he could not look at the files as they were in crates as they were moving offices. We told him we would submit a letter to the court saying the claim was not settled and would be applying for additional costs, his reply was simply 'Whatever'..not very impressed with that reply.

So what is next step. The 14 day period has passed since the court date, no communication from either company, is it simply a case of dropping a letter into the court and letting them know that nothing has happened? Will the court take care of things from here on in?

 

Any words of advice would be appreciated :)

Link to post
Share on other sites

Yes, you need to write to the court. Tell them that the defendent has not carried out its stated intent to settle and has rebutted your communications, so therefore you respectfully request that a hearing be re-scheduled. They'll then allocate you another hearing. I'd most definately apply for a costs award with this one now - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...