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    • Feeling tempted to cancel it now but scared that some of the debts will do more Ccj 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 - so effectivly if I'd have not took out the iva I 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years so 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 misold 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 account Lowel 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 creitt file I'd be happy   
    • 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 
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ET v HSBC offer made - should I bite?


ETphoneshome
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  • 3 weeks later...

i wrote this thread for peeps in your shoes..........

When you have filed your AQ................ (multipage.gif1 2 3 4 5 ... Last Page)

 

try post number 1 - and the rest if you are bored!

but the nudging letter especially - in number 1 looks to be about right for you.

 

also, a few other tips in there - take a look and see if it helps -

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  • 3 weeks later...

Latest update...all very VERY slow.

My AQ deadline was March 18, which I met and SURPRISE! the bank didn't. I called the court to see what was going on. They asked me to write a letter asking for an update. I did. Heard nothing so I called the court again. They've said the file has just gone to the judge and it is likely he will call a hearing for sometime in June.

 

*sigh*

 

This has been going on since December.

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ET - are you following other threads -

my advice stays the same now for all situations where you are waiting - after the defense - one phone call to see if they have received your breakdown - then a nudging letter every 10 days -

worming an offer out of them is the key.

 

When you have filed your AQ................ (multipage.gif1 2 3 4 5 ... Last Page)

 

New---after 28 Days - Maybe No Aq!!!!!!! (multipage.gif1 2 3 4 5 ... Last Page)

 

both of these have some letters i've written for peeps - use them(tweaked to your own situation) - send one tomorrow -

send the you haven't filed your aq, let's get this moving along kind of letter - and include a breakdown - yes, again. with every letter!

 

good luck - time to make your own luck - don't just sit there waiting for them to offer - he who shouts loudest, gets heard - start your letter shouting tonight!

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  • 2 weeks later...

Ok, the court has written to me. The hearing is on June 7. Five minutes has been allocated. Do I have to do the court bundle now?

 

I tells you, the money better come swiftly after the hearing. I've got a massive tax bill at end of July and need the £900 to help!

 

Any advice of links to people in similar situations would be massively appreciated.

 

Thanks

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Right I've had an OFFER! Wooo! The amount in full with the usual letter saying they are in the right and without prejudice. But they have asked I don't claim again as a condition. I need the money and happy to accept but what have other people done about the condition of non-repeat claiming?

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they will give you the money either way - so - send your own acceptance letter - like this one:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

 

 

get that or one nearly like it - right back to them and you'll have your money shortly

 

well done, i can smell the money from here!

 

 

 

do they actually say not to claim again - that would be new wording.

what exactly does it say - out of interest -

 

anyway = just send the letter - they will accept, no problem.

 

 

p.s. this is rayne's offer letter yesterday

the wording:

That payment is made in ful and final settlement of your claims arising from the charges applied to your account in the period referred to above and by accepting this payment you agree not to make any other claims relating to charges for the period stipulated above. HSBC also, reasonably, requires your confirmation that you will treat this payment as confidential."

so doesn't say don't file again - only for charges relating to that period.

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ET well done on the offer :D Nice to see another success this week

\o/ \o/ \o/ \o/ \o/

 

if u have a look at http://www.consumeractiongroup.co.uk/forum/hsbc-bank/62691-rayne-hsbc-scummers-8.html#post774756 the acceptance letter i sent is towards the bottom - feel free to use it if u like :)

 

if not try one that lattie sent posted for me http://www.consumeractiongroup.co.uk/forum/hsbc-bank/62691-rayne-hsbc-scummers-7.html#post772497 alas i was very quick off the mark but either one should be good

 

congratulations again :D :D :D :D

 

just for info I missed some charges the first time round so will be attempting to claim those back within the second claim. Let you know how it goes

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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I got a letter saying the payment would be made in 14 days. That day £911 appeared in my bank called REFUND OF CHARGES. Yay! It has taken since December to get it but well worth the wait. I can now afford to pay July's tax bill. Thanks everyone on this site. Amazing help. Good luck to all of you. Pay close attention to the successful threads as they will do anything to strike out your claim. Don't give in for less than you are owed as they WILL pay up.

 

ETphoneshome now £911 better off. Watch out Natwest, you are next....

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:D CONGRATULATIONS!! :D

HOPE WE ARE NEXT!!

  • Haha 1

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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  • 1 month later...

Just on the same question, we are due in court for three claims next Monday, my account, my husbands account and our joint account. We've just recieved three seperate letters offering us a settlement for each case, (these are the second offers we've had for the accounts.) The two indidviual accounts are not worth accepting but the joint account is not far off the amount claimed. Would we be ok to accept the offer for this account or will it affect the claims on the other accounts?

 

Thanks

 

Laura

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plinkycat - press this to start a thread of your own in the hsbc forum

newthread.gif

 

yes, it's fine to accept the one and not the other two -

i'm thinking you mean that you are due to file the claims on all three accounts next monday - surely you don't mean you have actual court dates for three accounts on the same day.... think that would be some kind of a record.

so, if you mean the 14 days are up from sending your lba and you've received offers from hsbc - then fine - accept the one and use one of the letters here - or combine a couple of letters to get it right and reject the other two. once you file your claim with mcol - you will be dealing with dg solicitors and no longer with hsbc - they normally only make offers before the court filing.Rejecting Offers

 

start that thread of your own so you can ask questions and we can find you again

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