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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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I sent off my letter before action which was completely ignored, i gave the customer relations team a call to confirm receipt and ended up in a conversation with ross mcdonald about a refund, he said he would be very willing to discuss settling this out of court and if i could email him the chedule of charges. I did this and received an email saying he would reply in due course. This was on the 12th december. I waited until after xmas and had heard nothing, so i gave the customer relations team another ring, they said that ross was away due to a family grievance and that the issue would not be dealt with until his return, i said i was not prepared to wait and they said they would get someone to ring me back. Heard nothing. I called them again last thursday and spoke directly to ross who stated that, despite his enthusiasm to resolve the issue quickly during our previous conversation he stated that the policy is now no longer to settle ANY claims out of court. I tried to ask him about this as he was willing and i had been messed around by them for a month now. He then said "see you in court" and hung up. I immediately filled out the forms and will be taking them to the sheriff court tomorrow.

 

What i want to know is i started a seperate claim back in august which tommy mclean settled out of court, £1250. I have been charge £1080 in charges since august alone so i have decided to issue a claim for £1420 which is the charges since the last settlement and the remainder of the previous claim.

 

Is it £39 tomorrow when i take the forms up? Can i write a cheque for it?

 

I also would like to know what is likely to happen as i am a bit confused as to the procedure after the court proceedings have started and i'm not very good with legal speak rtc, any help will be appreciated. Thanks

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Hi,

 

Yes you can write a cheque for the £39.00. I take it your in Scotland and going to your local sheriff court ? After you sudmit your papers, the court will then write to you with a return date and a calling date (the day you go to court). BOS phoned me on my return date and offered me the full amount I was claiming plus my £39 court fee and interest.

 

Best wishes with your claim.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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summary cause is limited to £1500.

 

i took my forms up today but unfortunately i sent the bank the schedule of charges so didn't have them, its going to take another 40 days and a SAR to get the rest :mad: i also wasn't aware that you had to pay a sheriffs officer to serve the papers when making a claim at summary cause level.

 

Feel a bit rubbish and close to giving up. Basically back to square one now

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Hi, don't give up ! that's what the banks want. I've mucked up my court forms a number of times and yes i've felt exactly the same as you. Just this morning I had to phone the sheriff court because I had put the wrong date when I used the Unfair Contracts Act, I put 1997 instead of 1977 !

Phoned the court today and I have to go in tomorrow to change the date.

Just have to scribble out the 1997 and put in 1977, easy peesy.

 

Best wishes with your claim.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Managed to find charges to make up the rest of the claim. letter should be delivered to the bank on monday :)

 

Does anyone know if it will make a difference that i've had a refund before? tommy mclean refunded £1250 to me but im due around £3000 in total and im claiming for 1455 this time round through the court

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Hi, I've also had a refund before, but will still be claiming another 4 times to get all my charges back. Did you sign anything when you accepted your first refund ?

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Sorry, yes I think your right.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Must disagree, it is always possible to waive your right to make a claim which you would otherwise have. This is done all the time in settlement of legal actions. Should you agree to waive a right (normally to receive an agreed settlement figure), the question will then be whether your agreement has been vitiated by some error as to what you were agreeing to and which error was induced by the Bank through fraud or misrepresentation.

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Got the paperwork back from court today. Hearing date set for march (i won't say when, dont want Rbos to figure out who this is and monitoring the case too much)

 

So the bank should be served soon, then the ball is in their court (pun intended)

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Hi, I've got 2 claims up in March. Keep me posted when you hear anything.

 

Regards.

 

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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