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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?   
    • 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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Help! Think I've screwed up!


Eoin
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Hello All, if anyone could help as soon as possible I'd REALLY appreciate it.

 

I've been trying to get charges back from HSBC for some time (original thread here - http://www.consumeractiongroup.co.uk/forum/hsbc-bank/46412-right-then-its-my.html)

 

Anyway, I started the MCOL and so forth. It was considered served on 17/01/07. I was using a c/o address and only the other day was the documentation from the court sent through. HSBC intend to defend of course. Today I was just browsing the forums and noticed that, after HSBC state their intent to defend, there should be another step I am taking. What is this step? Should I be sending more documentation to the court and HSBC? I am more than a little confused and, since the 28 days for HSBC to reply will be up on 14/02 I'm beginning to panic that I haven't done something and won't get any money back! :confused:

 

Any help will be much, much appreciated!

 

Eoin

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hi eion

did you get the defence papers and aq from the court? are they the paper you're on about. you should see a date on the papers by which time you have to file the aq - check this because you dont want to miss this deadline - get back to me and let me know exactly what you have got

don't panic

If i've been helpful in any way....then tip my scales over there!

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Hi - and thanks for the reply!

 

The only thing that I have so far is an Acknowledgement of Service (stating the intent to defend). This was filed on 15/01/07.

 

Since then, seemingly in error, I have done nothing...

 

Having read some other threads it looks like I should be sending two charges breakdowns to the court and one to DG - is this correct? And, importantly, is there a time limit on this? If I send the relevant stuff out tomorrow it will arrive with the court and DG before 28 days have elapsed since Acknowledgement of Service.

 

I am, as you can see, generally confused...

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ok no need to worry. i presume that the claim was deemed served on 17th jan, so they needed to acknowledge which they did. if you look on the mcol site, the status will show acknowledged. they will file their defense any time between now and the 14th Feb - it will probably be on the 13th, they like to leave it till last minute!!

 

when they do, they will send a copy of the defence and the aq. i'll send the thread on how to complete the aq later on. right now, calm down and relax, there is nothing to do except read as much as you can on the aq procedure until it arrives.

 

i'm at the same stage - really nothing to worry about, and i know how sometimes think 'blimey i must have missed something' but you really haven't.

 

send 2 copies of your breakdown to northampton county court referencing your claim no xxxxxxxxx and 1 copy to dg. give them a couple of days to receive them then give them a call, email, fax just to make sure they have it. after that, just wait ok? panic over!!!

If i've been helpful in any way....then tip my scales over there!

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Thanks very much for that advice - I'll send the breakdowns off in the morning. As long as there's no penalty involved in me taking nigh-on 28 days to send them in then that's alright! :)

 

Thanks again!

 

Eoin

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Well, I have filled in my AQ (though haven't sent it yet - last filing date is 3/3). I've also emailed Debbie to make sure she has my schedule of charges...anything else I should do now other than hold off filing for a bit and pestering DG as much as possible?

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Well, DG have let me know that my schedule has been received (after a mere three emails and two phonecalls...) but have said nothing more on the subject. Since my AQ final date is 3/3 should I just file now? Will it make a blind bit of difference? Realistically how long should things take from now? I've been reading the forums but this is the part where I start to get a bit tangled up and unsure of procedure...

 

Also, a question here for the AQ - if I attach the new strategy directions I'm wondering if I'll have to use original statements as my supporting documents? I used my online banking facility to go back six years and, consequently, don't have any "official" stuff from HSBC - merely the printoffs that I made from my online account records. Is this submittable or will I have to get statements from the bank? As ever I'm a bit confused there!

 

Thoughts anyone?

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you don't need your copies of statements at this point just your schedule of charges/breakdown/spreadsheet whatever you wish to call it. statements will be need if you need to get a court bundle together, and don't panic about that either - that's IF the court give you a date for the hearing, and that wouldn't be for a good while yet. you're doing just fine.

 

mine's due on the 4th march, so i'll get it posted for next day delivery so it arrives at court for the friday before (2nd), another 100 squid down the pan (til i get it back anyway).

 

btw.. the copies of statements you got from online banking are fine.

hang in there - we're nearly there!!! ;)

If i've been helpful in any way....then tip my scales over there!

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  • 2 weeks later...

Well - I hear you've won netty...hopefully I'll hear something shortly. I filed the AQ in time for the 3rd. Didn't get anything from DG before then. Guess I best phone the court tomorrow to see if they even filed their AQ...if they didn't, what's the procedure?

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phone the court tomorrow and see if they filed theirs. even if they didn't, they are usually given a further 7 days to do so (not fair as we manage to get ours off in time!). i'm not sure, but if they still don't file, you can ask for judgement by filling in another form - i'll have to find out if this is correct and if so, which form it is.

 

i'll be back

If i've been helpful in any way....then tip my scales over there!

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