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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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    • 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.

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    • 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
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Hi, I have been reading through and trying to find out the best way to go about my claim. I received my statements on Saturday and with interest of 8 % my amount it around £6000. which i have to say makes me feel sick that they have got away with this for so long.

 

I am about to send my letter asking for them to refund my charges but i have been reading about splitting and seems it is not the way to go anymore. so i think i will have to get a solicitor which scares me.

 

Has anyone else been through the normal court for this kind of money and what kind of solicitor did you get? did you use a special claims firm or a normal one?

 

sorry if these have been asked but i couldn't find any posts about anyone actually been through it.

 

thanks

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I split mine into 2 and the court clerk didn't even bat an eyelid. Small claims and Summary Cause claims are good because they are a simple way of fighting in court. Remember you fill out the claim with the charges which can total up to 1500 in a summary cause and you can add the interest on top of that at 8%. So if your spreadsheet's interest adds up to 1500 quid or more I would think you would only need to file 3 Summary cause actions. (3 x 1500) with the interest on each 1500 added to each claim.

 

That's the way I split it anyway. Could you go this way?

 

DT

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I spoke to the court clerk today and she said the only way was to goto normal court. I live in a Shetland which isn't very big and i think they would notice and I really don't want to lose because I didn't do it right.

 

My charges are 5387.00 and interest is £625.89 so it would be 4 claims plus interest. A drop from £6000 to £1500 is a lot if it doesn't work out.

 

I asked her how much the court fees would be but she didn't know. I'm not very keen on getting a lawyer then the bank backing out at the last minute and i still have to pay them. Which i think would happen with the no win no fee. I suppose i will have to ask local firms if they can deal with it and how it would work.

 

Thanks for your reply

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Hi abra15,

 

Summary Cause will cost you £39.00. The court will then send your papers back to you and you have to get a Sheriff's Officer to serve them on the defender. This cost me £15.97. The court gives you a list of local Sheriff's Officers and you can claim the costs back.

 

Best wishes with your claim's.

 

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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Hi, the problem is i cant do summary cause because i have been told by the court officer that my only option is ordinary cause court which i need a solicitor for. i have spoke to one local firm today who say they wont do it and i should speak to citizens advice.

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the no win no fee solicitors seem to take all their fees from the bank and 25% - 40% of whatever i get.. which i think is a bit much if i don't even make it to court. I understand they have to still do a lot of work but getting their fees and almost half of mine is too much. it was bad enough the bank taking it and now i have a chance to get it back i don't want the solicitors getting it. but i would like to know if anyone has used any law firms in Aberdeen or the north and how much i might have to pay upfront. there is still a chance they will give me an offer before it comes to the court stage but i want to be prepared and know what i should be doing cause there seems to be a big chance they wont give me an offer.

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Plenty of solicitors in Aberdeen and if they ask for an upfront fee then they are not worth using as they should know you will win and include thier costs in any sum that is claimed.

 

I would use Quantum Claims as they will be best in this area with sort of claim. They can then add the 30% (or whatever) fee to the total being sued for.

 

www.quantumclaims.com

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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Thanks garyhay but they still want to take a % of what i get i am pretty sure I will win so I don't need a no win no fee just a solicitor who knows what they are doing and has hopefully done it before. But I have had no dealing with any solicitors before. I would be glad to hear from anyone who has been to the ordinary court with a solicitor.

 

thanks

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Hi,

 

Still not sure how you can't do 4 x Summary Cause, don't the courts in Shetland work the same as the rest. Seems odd.

 

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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abra - do you know anyone in England that would be willing for you to use their address purely for correspondance? That's what I'm doing in order to use MCOL, I've done it for 3 claims against BOS for my parents and a claim for myself against BOS. I did read somewhere about getting a PO box address in England, but not sure if you can actually do this for the purposes of MCOL.

A+L - £950 settled in full.

 

Bank of Scotland - MCOL filed 9 Jan for £1500

 

Bank of Scotland (for parents) - £5000 settled in full October 06

 

Bank of Scotland (mum's account) £1900 settled in full November 06

 

Intelligent Finance: DPA non compliance sent 26 Jan

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Hi, after a lengthy conversation with the court clerk she has agreed that I can split the claims, but should try one at a time, or one first anyway to see what happens. I think they have only dealt with small claims cases of this so far. but there will be much more if i win, all my friends will be doing it too.

 

KHMcBey - Yes my brother lives in England so I have thought of that but mine is over £5000 so will need 2 and I was worried I might have to travel to England which will cost a lot and with another £100 charges today I don't think i will be able to afford to. but it might be an easier option if i dont actually have to go there. my parents also have a claim of over £3000 so it might be an option for them too if it worked ok for you. I have sent my letters to Edinburgh, will i still be able to use the english courts?

 

thanks

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Abra

 

Did you ask Quantum what they would take?

 

If they want 30% then this will increas your claim by 30% so will get the same.

 

If you don't want to do this try George Mathers & Co probably the best fpr this sort of thing in Aberdeen

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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If Shetland's officers dont seem to have a scooby, what about filing in Edinburgh or something. I'm sure you could email them your forms and mail them a cheque. If worst omes to worst and you have to turn up to court..Edinburgh is not a million miles away from Shetland. I filed with Edinburgh today and they were really good.. seemed really clued up on all the bank charges stuff??

** BOS claim 1 filed 5th Feb - awaiting outcome**

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Thanks alic and garyhay, I think I will just go ahead with the summary cause in Shetland and see what happens. I got a letter from the BoS today thanking me for my letter and they are sorry to learn I am unhappy with charges applied to my account. and I should receive a reply within 4 weeks do i still have to wait for the 2 weeks to be up before I tell them I am taking them to court? I don't want to give them anymore time than I have to. What do I do about the new charges do I have to write new letters or can I add them to this claim?

 

thanks

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I added new charges to existing claim. I put in a new sentence that read "since my first letter I have been charged an additional x amount which I shall also reclaim" and added the new charges on to my charge list and sent it off to them. Stick to your timetable, so leave it for the 2 weeks if that's what you've said.

 

I appear to have been the first person to file through Elgin Sherriff Court as they had no idea either, but they accepted it!

A+L - £950 settled in full.

 

Bank of Scotland - MCOL filed 9 Jan for £1500

 

Bank of Scotland (for parents) - £5000 settled in full October 06

 

Bank of Scotland (mum's account) £1900 settled in full November 06

 

Intelligent Finance: DPA non compliance sent 26 Jan

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ok thanks KHMcBey I will do that. Just gonna wait and see what they say.

 

garyhay, quantum claims said they don't deal with this kind of thing.

I think I wont bother with a solicitor at the moment it seems kinda hard to find one.

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Never a solicitor in sight when you need one. I suppose they want tens of thousands. Sorry if I have wasted your time with that.

 

I never waited 2 weeks after getting the 4 week reply and ended up getting an offer quicker.

 

It's up to you

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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Do you have to split the claim if it's over 5k on Moneyclaim? I thought it was any amount under 9k or something similar. BOS don't go to court, I received my full settlement today for just over 1.5k.

A+L - £950 settled in full.

 

Bank of Scotland - MCOL filed 9 Jan for £1500

 

Bank of Scotland (for parents) - £5000 settled in full October 06

 

Bank of Scotland (mum's account) £1900 settled in full November 06

 

Intelligent Finance: DPA non compliance sent 26 Jan

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No it won't - all of my letters were sent to the Edinburgh address but when I filed I used the address for the HBOS group. They're part of HBOS ergo it's also their head office! Bar stewards lol

A+L - £950 settled in full.

 

Bank of Scotland - MCOL filed 9 Jan for £1500

 

Bank of Scotland (for parents) - £5000 settled in full October 06

 

Bank of Scotland (mum's account) £1900 settled in full November 06

 

Intelligent Finance: DPA non compliance sent 26 Jan

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Their time is up and i haven't heard from them so i am going to fill in my forms. should i just do one then another then another or try them all at once? The lady at the court said to try one first and see if it worked, but i cant see why it wont work. I don't want to be going to court for the next year, but will if I have to. Has anyone done them all at once or is it better to do one at a time?

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