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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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PriorityOne v A&L **GAME OVER **


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these companies will be 100% owned by the bank in this case, they will have no costs and only using the name to confuse and make you think this has been escalated to a outside firm,

 

At the very least, this activity has to be against the OFT guidelines for debt collection... I am beginning to grasp at straws here. They also ask people to call an 0870 number....

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Ok.. found out something else... Alliance & Leicester Finance Ltd are not correctly registered with the ICO, which shows a previous address.

 

So.. we have Global who are not registered at all and A & L Fin. who are reg. incorrectly. Can they still get round it by saying they are part of the bigger plc ?

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Ok.. found out something else... Alliance & Leicester Finance Ltd are not correctly registered with the Information Commissioners Office, which shows a previous address.

 

So.. we have Global who are not registered at all and A & L Fin. who are reg. incorrectly. Can they still get round it by saying they are part of the bigger plc ?

 

 

As Zooman says company law is very complex. It's always possible they have changed status from dormant since the last accounts were filed at Companies House, but that wont show up for about 10 months.

 

I think you need to speak to the ICO and try and establish EXACTLY how these companies are registered and the interconnection between them from the ICO viewpoint.

 

You say you have sent a CCA sec77-79 request to them and had no response, so I would be tempted to persue that line of attack while I resolve all the other issues surrounding it. I assume this was for a fixed amount loan so sec 77 is the relevant section .

 

I would also be looking at the Companies House website to establish the official registered addresses for them as I believe that is the address that should also be registered with the ICO.

 

The whole area of bank owned DCA's is riddled with confusion for the customer, and it's something we are slowly working our way through. Hopefully one day we can lobby for more transparency in it.

  • Haha 1

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I think you need to speak to the Information Commissioners Office and try and establish EXACTLY how these companies are registered and the interconnection between them from the Information Commissioners Office viewpoint.

 

You say you have sent a CCA sec77-79 request to them and had no response, so I would be tempted to persue that line of attack while I resolve all the other issues surrounding it. I assume this was for a fixed amount loan so sec 77 is the relevant section .

 

I would also be looking at the Companies House website to establish the official registered addresses for them as I believe that is the address that should also be registered with the Information Commissioners Office.

 

 

Hi Tamadus,

 

I e-mailed both Companies House and the Information Commissioners Office last night, so will post back about this as soon as I can.

 

There has been no CCA from anybody so far. Global are well within the calendar month now and A & L plc/Finance have not fully complied with my S.A.R - (Subject Access Request)... they have 7 days left... and I have just finalised a letter this morning to send tomorrow reminding them of their responsibilities and also, that the account remains in dispute. I am also sending an SAR to Global, so it will be interesting to see what they do with it. By the way, they did cash my CCA cheque... which was made out to Global by name... as have many of my debit card payments over the years.

 

I will look Companies House now to check the address.... thank you. This is becoming a nightmare.

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Hi Tamadus,

 

I e-mailed both Companies House and the Information Commissioners Office last night, so will post back about this as soon as I can.

 

There has been no CCA from anybody so far. Global are well within the calendar month now and A & L plc/Finance have not fully complied with my S.A.R - (Subject Access Request)... they have 7 days left... and I have just finalised a letter this morning to send tomorrow reminding them of their responsibilities and also, that the account remains in dispute. I am also sending an S.A.R - (Subject Access Request) to Global, so it will be interesting to see what they do with it. By the way, they did cash my CCA cheque... which was made out to Global by name... as have many of my debit card payments over the years.

 

I will look Companies House now to check the address.... thank you. This is becoming a nightmare.

 

Slap a cca sec 77 request on A&L as well, PriorityOne, that will immediately legally suspend any enforcement until they comply and will give you roughly (up to) 44 days to locate the information you need.

 

You case unfortunately falls into one of the more complex areas, claiming bank charges is easy in comparison.

 

Did they apply that CCA cheque to your account by any chance?

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Slap a cca sec 77 request on A&L as well, PriorityOne, that will immediately legally suspend any enforcement until they comply and will give you roughly (up to) 44 days to locate the information you need.

 

You case unfortunately falls into one of the more complex areas, claiming bank charges is easy in comparison.

 

Did they apply that CCA cheque to your account by any chance?

 

The 2nd CCA request did actually go to A & L plc.. simply because the nasty letter originated from them,but the loan was/is with A & L Personal Finance Limited. However, the chq. for the CCA was returned by A & L PF, along with a form with several boxes for ticking. They had ticked "no fee required".... but there was no CCA. Not with the S.A.R - (Subject Access Request) stuff either.

 

Global's CCA chq. was applied to my bank account, yes.

 

The SAR also went to A & L plc... so it would cover all accounts.

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I'd go with Zooman on this one Priorityone..

 

This is different to the Cabot set up as each company is operating seperately. They use the same tatics as these guys though with using

different names just to cause confusion.

 

I have read a lot of Zooman's post and he knows what he is talking about.

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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I'd go with Zooman on this one Priorityone..

 

This is different to the Cabot set up as each company is operating seperately. They use the same tatics as these guys though with using

different names just to cause confusion.

 

I have read a lot of Zooman's post and he knows what he is talking about.

 

Thanks tbern,

 

Global will get my SAR by Wed... but doubt if that will give me much to be honest. Not having a CCA will keep the account in dispute... non-compliance (by A & L) of the SAR will do the same. There is no default on the account and no CCJ... seems this is what they are trying to go for before the charging order. Yet there is an entry (around 2004) on my statement of account which says BALANCE WRITE-OFF.... a nil balance was shown in the opposite column. The previous balance was then restored and payments continued. I have only stopped them because of the dispute and not having received a CCA from anyone.

 

Good luck with your saga by the way.... I have been trying to follow it when I can...

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I agree with Tberns post above,

 

I will say that I doubt the SAR to the DCA will produce much and at the moment using their non-compliance with the CCA request will stall it while you gather information. I can't imagine a Judge allowing either a CCJ or charging order while they are in default of a sec 77 request.

 

Thanks for the click tbern :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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. Do all companies have to deliver their accounts to the Registrar?

 

All limited and public limited companies must send their accounts to the Registrar. If they are eligible and wish to, medium-sized, small, very small and dormant companies may prepare and file 'abbreviated accounts' - see chapter 3, 4 and 5.

 

Unlimited companies need only deliver accounts to the Registrar if, during the period covered by the accounts, the company was:

a subsidiary or a parent of a limited undertaking; or

a banking or insurance company (or the parent company of a banking or insurance company); or

a 'qualifying company' within the meaning of the Partnerships and Unlimited Companies (Accounts) Regulations 1993

2. What is a dormant company?

A company is dormant if it has had no 'significant accounting transactions' during the period it is dormant.

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I agree with Tberns post above,

 

I will say that I doubt the S.A.R - (Subject Access Request) to the DCA will produce much and at the moment using their non-compliance with the CCA request will stall it while you gather information. I can't imagine a Judge allowing either a CCJ or charging order while they are in default of a sec 77 request.

 

 

I think the CCA has been archived... loan taken out in 1999. Maybe that's why no-one has produced it yet.

 

Do you have any thoughts about the "balance write-off" entry means on the loan account statment in 2004 ?

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Have decided not to write to A & L about partial compliance with the S.A.R - (Subject Access Request).... they might just dig up the CCA from the archives....:eek:

 

If I can't get them re. Global, then I will do nothing until someone comes up with a CCA to enforce.

 

Does that sound sensible ?

 

Am still curious about the "balance write-off" entry on the loan account statment in 2004 though....

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there is no such thing as a non trading company, a company is trading or dormant.

 

i beg to differ.

 

i have a company which was trading from 1997 - 2001 but then became 'non-trading' as a status.

 

this is fine with companies house and inland revenue who have it down as 'non-trading'.

 

i have to send accounts and a shuttle in every year to companies house, but the inland revenue no longer require me to complete any documentation for it. i even do not need to mention it in my self-assessment, as i do not receive any income from it.

 

a non-trading company is one that has traded in the past and can start to trade in the future.

 

a dormant company is one that has not started to trade.

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I'm not going to go back and forth on this thread and this is my last post (and time I read it), I do not enjoy correcting people and find no enjoyment coming on to this site doing just that, in fact I prefer to stay well clear where I know the the facts are not really wanted. I am not making this post to disagree with your self but to ensure the thread starter gets the correct advice.

 

I have already explained what a non trading company is, and the term is applied only as a SIC code which are used to categorise companies, a company can only be dormant or trading.

 

I would never recommend companies house own website for advice as this is not really their remit. Although this said I will refer you to the following chapter on advice about dormant companies 1. What does 'dormant' mean?

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One last thing which is bugging me.... CCA requests have been sent to Global (heard nothing) and A & L plc (returned chq. via A & L Personal Fin. - but no CCA). Should I also send a further CCA to A & L Personal Fin. (the real original creditor) even though the one to A & L plc saw my chq. being returned by A & L Personal Fin.? Or is this a waste of time/unnecessary ?

 

I am trying to cover my bases...

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returning your cheque is a dodge.

 

You must write back (enclosing your cheque again) & tell them that although you returned my cheque I still consider that as the original creditor you must comply with my original lawful request within the time frame as set out in law.

 

Also to tell them that

Not to do so could leaves you open to criminal charges which on summary conviction could result in a fine of £2,500 and/or imprisoment for 6 months.........that should get their attention

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I have to agree with Jon, and when you take into light what I was saying they can not have it both ways, if the &GL thingy holds your contract now it certainly is not dormant.

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Thanks guys... I will do that when I get in from work today.

 

One more q.

 

You have spoken about limited companies being able to share registration with the Information Commissioners Office if they are part of the same group. Does this mean they have to share the same address ?

 

Global are now in the same building as A & L plc/Finance in Narborough, but during the first 3 years they were collecting from me, they were registered at a different address in Leicester, from 2002 - 2005.

 

I have also decided that maybe I should follow up A & L's part compliance with the S.A.R - (Subject Access Request) (by A & L) after all.... but keep the letter as straightforward as possible, i.e.... about fulfilling their obligations.

 

Have just got in from work... so am adding to this post. Re. returning my chq. and reminding A & L Finance to produce the CCA - do I really want them to find it that much ? If they can't/won't send it, then surely they can't enforce it ? I don't believe Global ever had it in the first place. Or am I missing the bigger picture...?

 

Thanks again for all your help so far...

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Not wishing to get in a legal argument with anyone here, but I have double checked the contents of this thread with senior auditors, tax investigators and senior tax lawyers.

 

Unless there is an arrangement with Companies House to file these accounts as dormant/non trading, then as there is significant activity going throught their accounts they should be trading. I have checked back through historical accounts and nowhere does it say that they are part of a hive up to A&L (sorry techie tax term) or act as agent for A&L.

 

Funnily enough, one other bank in-house DCA has its status marked as agent. This is what I would expect from GDM

 

I have asked for further clarification from an expert in Financial Services.

 

I will post back when I receive any more info.

Spotnot v MBNA and their nasty solicitors (on behalf of my friend)

 

If I have helped in any way, click my scales.

 

Remember, we were all newbies once!!

 

When you win, donate!!!

 

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Ok... had a letter from A & L plc this morning in response to my letter stating partial compliance with my S.A.R - (Subject Access Request). I also queried payments going to Global for several years, why the statement showed nothing going to Gklobal at all and, why there was a "Balance write off" entry on the account in 2004.

 

My thoughts are in red...

 

Following our previous correspondence, blah, blah, I now write with our conclusion (suggesting closure ? I think not..).

 

I am sorry to hear of your disappointment regarding the details you received from our data subject access department; however the information you received is correct in relation to your current account details, however the information shown on your statements will only detail any transactions that have been debited in relation to your loan account. (appalling punctuation which makes it hard to understand... but total rubbish anyway. Statements for the loan account were included, but showed a "balance write-off" in 2004 and no mention of anything to Global. I queried both and also requested data going back further than 6 years on my current account & others... which they seem to be wriggling out of; also no mention of 2 other accounts held by them around the same time... different thread, that one).

 

To access details of your loan account please contact

 

(Chief Muppet...)

Alliance & Leicester Personal Finance

Heritage House, blah, blah...

 

As a goodwill gesture the £10 fee has been waived (I assume this means that it would have cost another £10 to them now... ? ) as we were unaware that originally you was requesting data on both your loan account and your current account (eh?... all data is all data...)

 

Please be aware that your personal loan data is a seperate issue from your current account and therefore needed to be requested as such (well, my loan account was a seperate issue from A & L plc, but that didn't stop them sending nasty letters in December, did it ?)

 

With reference to the issue raised regarding why payments made to Global Debt Management Services (no mention of Limited) are banked by Alliance & Leicester this is due to the fact that Global Debt Management (still no mention of Limited) work on behalf of Alliance & Leicester as an inhouse debt recovery team and therefore use the same banking facilities (so, what's the advantage to you of doing that then, eh?...and, why do my statements show payments being collected by Global and not A & L PF ?)

 

Also, correspondence is issued to our customers giving notification that there account is being passed to Global Debt Management (still no mention of Limited... but yes, I do have a letter to say that they have been instructed by A & L plc ?... plc ?... hmm).

 

If you would llike to discuss any aspect.... please ring me on.... (no chance, in writing only, ta)... will keep the file open for a further 8 weeks... blah, blah...

 

Any comments on this guys and gals ? I intend to draft out a reply some time next week and also write to A & L PF to see what their version of events is now... Am I right in thinking that they are dodging full compliance with my S.A.R - (Subject Access Request) ?

 

Also, does anyone have any thoughts on Spotnot's comments above ?

 

:-)

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Still not mentioning Global? Suspect they are well aware that it shouldn't have claimed to be dormant whilst still collecting substantial monies.

 

The rest is goggledy gook but then you already know that.... suggest telling them that they have still not complied with your SAR & the clock is still running after which you will start legal proceedings in order to enforce their compliance

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Thank you JonCris.... all I want from them now is to answer why there is a "balance write-off" on the acount in 2004.

 

I have no other reason to take them to court if it means a court will re-enforce a CCA with increased payments.... after all the evasive sh*t I have been through with these people. Yet, I am not even sure they still have my CCA...

 

On the issue of account data beyond 6 years though.... am I right in thinking they should provide me with this ? Am I also right in thinking that A & L plc... as Head company... should be complying with all account data held within its company structure ?

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Hi PriorityOne,

 

As l told you earlier, l have several recent letters from Global Debt Management LIMITED (Company No. 2417634) in connection with an A&L Personal Finance account.

 

I will gladly supply you with copies if you feel it would help your case.

Thanks also for posting on my A&L thread. I have used the implied doubt surrounding Global to confuse them in my case and will post the result.

 

Regards........................Valdez

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