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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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Lowell Backdoor CCJ for old Sky Debt..***Claim Discontinued***


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They must consider there is enough information within your application and therefore not ordered any further disclosures/evidence.

We could do with some help from you.

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Hearing is to consider whether you have valid grounds to set a side ..they will take into consideration what you have stated in your application therefore  it may be your only opportunity to present any evidence. So bearing that in mind if this piece of evidence is vital to the success of the application it may be prudent to forward a copy to the court in advance and ask that it be placed with your existing notes within your N244.

 

If the set a side is successful then you can present a further statement with evidence later in the process. 

 

 

 

.

We could do with some help from you.

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The piece of information ( the cancellation ) is the main grounds for my defence so yes it is vital .

 

With your advice taken into consideration i will get this into them ASAP.

 

As far as further evidence goes , I’ve only got a phone call recording from sky when the advisor told me that someone had claimed all the money back for the subscription and someone had tried to change the name etc on the account after I had cancelled it.

 

Surely any judge will see that the continuing of the account after I had cancelled it is reasonable grounds to prove I didn’t know anything about any activity on the account after I requested the cancellation ? Thanks! 

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Just bear in mind this first hurdle is to see if you have legal grounds to set a side and you can prove that you were not given opportunity to respond to the claim......if you can do that and be successful then the full semantics of the dispute can be argued.

 

Don't forget that Loweel do not have any knowledge of the disputed debt and cant really dispute what you state is true or not...to them its just a balance on a statement they bought for peanuts and acquired a default judgment without your knowledge.

We could do with some help from you.

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Right.. so as you mentioned in a previous post they haven’t asked for any further evidence in regards to the first hearing .. so am I being naieve to assume they will believe I wasn’t at the address? I don’t know how I can go and prove I was living in a tent from 14th July last year 

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Im sure a judge will accept your word that you were no longer in residence....they cant prove you were either.

We could do with some help from you.

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Quote

 So bearing that in mind if this piece of evidence is vital to the success of the application it may be prudent to forward a copy to the court in advance and ask that it be placed with your existing notes within your N244.

 

We could do with some help from you.

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  • 4 weeks later...

Today I received a “claims bundle” from overdales solicitors aka Lowell .. I believe they are acting on behalf of lowell.. they haven’t spelled my surname correctly on the exhibit forms there is a lot of paperwork to go through. Is this to put me off fighting it? Thanks 

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yes they are as debt buyer don't goto court themselves they appoint solicitors, and overdales are part of the lowell group.

 

spelt not spelled....

 

scan everything up to one mass PDF please.

 

but no its not to put you off, it's what they have to do, as you did in your submission.

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 please find attached the witness statement from over dales.
 

There is more “Exhibits” from them in the same pack that contain the generic harassment debt collecting letters they like to send.

 

With a variety of addresses.

 

If they are relevant I’m happy to upload them too.

 

Thanks! 

 

 

 


 

It was just to apologise for the engine oil , power steering fluid and coffee cup “ring” on the first sheet.

 

I hope it hasn’t affected the clarity of the contents. Thanks. 

Claimants statement Re N244 application.pdf

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you need to remove all ref numbers etc

leave nothing they can use to ID you here.

 

all todays posts merged.

 

post hidden to hide pdf

 

 

 

 

 

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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as long as you now have the evidence you did cancel you should have no trouble here

 

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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Share on other sites

Great stuff. The PDF file I have with a 2016 cancellation date has been sent to the court and confirmed as being added to my case file. Is there any other angles they might want to try and throw at me I should be wary of and be prepared for? Thanks!

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have we seen this evidence?

 

the other bit you might wish to make notes on is why the DD never got cancelled after sky closed the A/C. but continued to take payments, but these were latterly reclaimed under the DD guarantee scheme through your bank. you just might need to explain that bit so make some notes. 

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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Nope I haven’t posted it yet I need to edit the personal details from it so I can upload it.

 

I didn’t do the charge back or anything like that.

 

It’s my ex partner that has done this to me. We used sky in my name because she’s black listed from everywhere. 

Thank you for your reply . It’s a very good and important point I need to bring up. 

 

40 - 19.09.2016.pdf

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Update:

 

After being passed pillar to post from sky to Lowell to a company called overdales ? I now have a unique case number from sky and they are processing the SAR request for me.

 

 I’ve managed to find out that my ex was paying the sky bill up until late 2017 and then decided to claim all of the money back from direct debits through the bank . Leaving me liable for this debt..

 

I’m hoping to get my set aside form filled in today .

 

If I pay the money to get it set aside can I claim this money back from the company prosecuting?

 

Thanks!

 

is there a date on that sky cancellation notification?

 

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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yes

and..

 

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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yes because its come from the original creditor.

they can't now dispute your cancellation, sky have acknowledged their contract with you was closed, thus you ceased payments.

 

the fact that a third party paid sky upon a closed A/C, (and latterly reversed these payments) is a fault of sky for not creating a new contract in their new customers name. this again proves you owed nothing and were never an on going customer. You are thus are the wrong defendant, not the claimants correct target. 

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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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