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    • The only way to verify whether there is any financial reward for the management is seeing the agreement. That would be required during disclosure IF court proceedings went ahead... Unless you could bring pressure to bear and get a copy?
    • 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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Going Round In Circles With Rbs, Pls Help


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Have been liaising with Tommy McLean (very nice chap) and he has agreed to pay me £ 2717 owed in charges. However, because i have an outstanding debt on my joint account with RBS (my account is now held with their Credit Mgmt Dept) he says he needs authority from the Credit Mgmt Dept to pay me by cheque. I dont have any access to my joint account anymore, therefore if the money was paid into it i would not be able to withdraw anything. I wrote and spoke to Credit Mgmt and they have refused to give Tommy authority to pay me by cheque. Instead they want to use the money to reduce my outstanding debt on the joint account (i have an agreement to pay back at £30 month). I have spoken to Tommy on a few occassions and he just says its managements decision that if money is owed to an account they will only be able to credit that account, and not pay by any other means.

Seems i have come to a stalemate as neither side will give in. Desperately need help on what to do next. Would it be worth taking this to court to get my money back 'cash in hand' so to speak, or do you think the courts would say RBS are in the right. Also thought of writing to my solicitor to ask his opinion.

Please help.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Have been liaising with Tommy McLean (very nice chap) and he has agreed to pay me £ 2717 owed in charges. However, because i have an outstanding debt on my joint account with RBS (my account is now held with their Credit Mgmt Dept) he says he needs authority from the Credit Mgmt Dept to pay me by cheque. I dont have any access to my joint account anymore, therefore if the money was paid into it i would not be able to withdraw anything. I wrote and spoke to Credit Mgmt and they have refused to give Tommy authority to pay me by cheque. Instead they want to use the money to reduce my outstanding debt on the joint account (i have an agreement to pay back at £30 month). I have spoken to Tommy on a few occassions and he just says its managements decision that if money is owed to an account they will only be able to credit that account, and not pay by any other means.

Seems i have come to a stalemate as neither side will give in. Desperately need help on what to do next. Would it be worth taking this to court to get my money back 'cash in hand' so to speak, or do you think the courts would say RBS are in the right. Also thought of writing to my solicitor to ask his opinion.

Please help.

 

 

Pauline now is the time to get firmly in the driving seat.

While I am not saying Tommy is not a nice chap I am saying that you have given them enough time on this.

Have you got your statements and how much is penalty charges ?

Have you sent the prelim letter...if not why ?

If so have you sent the Lba ? if not why ?

Tell me is the debt still being administered at Telford ?

who is taking the 30 quid how long have you been paying it and is this a default ?

Enough is Enough and the only thing they will respond to is Court action I know this means dealing with Cobbetts (something most people would rather avoid ) but this is the ONLY way forward.

You can ask in your claim that you be given rights of appropriation to have the money paid by cheque to you but we will deal with this later.

Lets start by having some answers to these questions so we can get a firm plan of action together to put YOU back in control.

If you are reading Tommy....Happy new year...I am sorry but you had enough time to sort this one....if you cant do that then we WILL ;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok thanks Pauline I will post that here.

 

Thanks Martin,

Not dealing with Cobbets as i live in Aberdeen, Scotland. I owe £4678 on my joint account and £2084 on my own account, totalling £6763. I managed to get the £450 charges back in cash from my own account, but for convenience Credit Mgmt have merged the 2 accounts together. So i am claiming £2717 on joint account only. I'm not sure if the £30 a month i am paying to pay back on these accounts is a result of penalty charges, but i would think so, as charges wuld have built up on both accounts each month when i could not pay RBS back. I have asked for statements to be sent so i can find out how much i owed RBS before i got into trouble and how much was put on top in charges. I certainly dont remember owing them that much !!!!! The overdraft for the joint account was only £2000 and on my own account was £1500.

I am paying back to RBS direct by standing order. Have started this as a new thread as accidently wiped off my other one !!!!

 

Lets have a think about this.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I think its case of sending SAR for statements to RBS

Also sending CCA to Credit man Services for a copy of all your dealings with them in relation to the debts.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Penalty charges are £2717 at the moment give or take a few pounds/pence. I have all the statements for last 3/4 years. I did the usual. Sent Prelim letter, then LBA. Got the usual 'sod off' reply. Then decided to send anther LBA threatening Ordinary Action through my solicitor. That made them sit up and listen. Tommy replied with an offer of £1500 but on the understaning it would be paid into my joint account to which i have no access anymore. I told him i would accept offer in principle but would be claiming the rest. Then had to go through all the stuff re Credit Mgmt etc etc. I came to an agreement with RBS to pay them £30 month to clear the total debts on both the joint and my own account, to which they agreed. The debts includes charges incurred on the joint account only, as i have managed to get back the £450 owed in charges to me from my own account. Am happy to start an Ordinary Action and not scared to do so as will use my solicitor in edinburgh, but if they have agreed to pay me, but not as i want (via cheque) whats my chaces of a judge agreeing to this. Have kept all correspondence and in every letter asked to be paid via cheque.

Hope this clarifys everything. Think our mails crossed each other last time lol

Pauline

x

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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By the way martin whats a CCA ?

Spoke to Credit Mgmt this morning and requested statements etc as i wanted to know what the balance on the joint account was before started incuring charges.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Unicorn96,

 

Two points. It is unlikely that a sheriff will find against RBS if they pay any refund back into your account, which is still open and will continue to be until the debt is repaid.

 

Secondly, the Bank would be entitled to raise a counterclaim against you for the whole amount you owe. You could argue that you have a pre-existing agreement with them to repay this at £30 a month, but by raising the action against them you may be justifying them in defending the action with such a counterclaim.

 

Your best shot appears to be to raise the action and rely on the pre-existing agreement, but if the Bank simply restore funds to your account, I know of no sheriff who would hold that, because the payment was not made by cheque, the claim has not been satisfied.

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