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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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Court Date set 12 March 2007


Sparkey
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I have just a few points that I need a bit of help with.

 

1) Received letter confirming court date of 12 March 2007. Have printed of basic court bundle - as this is a business claim, I just leave out the UTCCR 1999 bit.

 

2) On my money claim I didn't put the bit about the Dunlop V New Garage bit - will this affect my claim ????

 

3) Since all this began we have been charged one more charge - can I add this to my list of charges

 

So far no contact from Barclays to settle - All documentation to be at court by Monday 26/2/07

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Leisureplay (2005) EWCA Murray

Civ 963

In the case of Murray v. Leisureplay (2004), Mr Murray was sacked by Leisureplay and he claimed three years' salary as per his contract of employment. The courts decided that this clause was a penalty clause and he was not entitled to this level of damages. Even though the decision was reverted on appeal, the appeal itself drew on and further reinforced the principles of penalty charges.

 

 

· “English contract law recognises that, if the parties agree that a party in breach of contract shall pay an unjustifiable amount in the event of a breach of contract, their agreement is to that extent unenforceable”

 

 

I hope this helps. If you want the whole shibang, search through google.Might save you a trip to the library.

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Hi sparkey!

 

Not sure about 1 and 2 - but as for point 3, I think you may have to do another claim once this claim has gone through. I'm guessing you will have filed your schedule of costs etc? I think if you were to change this to include your new charge you would have to pay to have it included. If it is just the one charge, you may wish to contact your bank directly to see if they will refund it rather than going through another potential court battle. Worth a visit to your local branch I would have thought and then take it from there maybe?

 

Good luck with it all - would be good to get some more details of your case so far!

 

Rich

**WIN** Barclays round 1: £2118.45 - full settlement 18th April 2007 (7 months in total)

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Hi Sparkey, What did you write in you POC? if you followed the wording given on this site you'll be ok.

Charges after claim starts. I beleive you have to make another claim when this is over, I dont think you can add to this claim once claim is issued.

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I have probably messed this up completely but going through last night I found the particulars of claim for business account hence my point that I had not added the bit about Dunlop etc. I used the same particulars that I used for the other claims that I have done, as detailed in the library. Looking at their defence it is the same one that everyone else has received.

 

 

 

Reading through other threads and everyone seems to have had a few weeks to get their stuff into the courts - we have had just a few days :eek: letter arrived Monday last week to get stuff in for Monday this week. Not yet received anything from Barclays. Oooooooh I'm a liar, they called the other day to suggest that we close the account!

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Hi Sparkey, I think you'll be ok, if your case had no basis I'm sure the court would have "struck out" your claim if thats the word or would have contacted you or when you received the notice of hearing, items to bring to the hearing on top of your basic court bundle, if you know what I mean.If your not ready, ( a few days notice to prepare everything seems a bit tight) I have read you can ask the court to give you more time to prepare, on the otherhand, you've been there, done that (and are probably wiser than I am) and know what to expect in court,I on the otherhand,am just starting my claim although I've been studying and reading everything on this site for months now.For a quick answer why not pm one of the sites helpers or pop into the chat room, someone is bound to point you in the right direction.

Good luck.

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Thanks April7, for your words of encouragement. Getting a bit stressed, all the other claims have been settled either before Allocation Questionnaire or just after. This is the first to have gone this far.

 

It has taken me hours to get things togethered and copied. The fax/copier machine does not know what has hit it. I hope (fingers, legs and everything else crossed) that Barclays are going to make an offer :-? and I won't have to go to court on the 12th

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Just read replied to this thread, my claim so far.

 

22/5/06 letter to Local Business Manager requesting charges to be refunded (all statements to hand)

22/9/06 Letter before action

09/10/06 Phone call from Sarah Weller, Area Business Manager offering £300 to prevent court action - they actually said they had never seen one of these letters before and were not sure what to do! Of course rejected offer

11/10/06 Recevied letter confirming telephone call

23/10/06 MCOL

10/11/06 Acknowledgement of service - Adrain Ruffhead

28/11/06 Defence filed - 10 points

13/12/07 Sent back Allocation Questionnaire - Claimant

18/12/07 Allocation Questionnaire received at court from Barclays - 1 day late I may addd - deadline was 17/12/06

Mid Jan Copy of defendant AQ received by Claimant - nothing in box G

Feb - Received phone call from Barclays suggesting we close account

19/2/06 Received hearing date for 12 March (letter dated 16/2/06) all paperwork to be at court etc by 26/2/06 - a bit tight !!!!

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Hi Sharkey

Nothing in box G, sounds good to me, doesn't it to you? is'nt that the final time they can ask the court to make you supply more info before hearing.You on the other hand must have copied and pasted wise words from CAG re AQ.

I'm sure once you submit your bundle your offer will come. Just check through it, make sure you haven't left anything out, and the obvious.

1 for the court. 1for them. 1for you.

Keep your chin up.

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Delivered in person, bundle to Local Barclays branch as there was no way we were going to get it Churchill Place (where ever it is). Made Barclays fax complete document at their expense to Adrian Ruffhead. Made assistant manager sign to say he had received it and that he promised to fax it. He phoned Adrian Ruffhead to confirm that he was accepting it on his behalf and dear Adrian agreed.

 

Bank staff at Barclays could not believe the amount of work that had gone into producing the document - well if they had paid up they would have never had that pleasure.

 

Just a case of sit and wait

 

 

SO FAR nothing from Barclays in the form of any documents!!!!!. Took the courts copy and posted it through the door yesterday. Today was the deadline that they needed to "get to each other documents they wish to rely on at the hearing etc".

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Costs are'nt usually claimable on the small claims track, but you can apply for them on the basis that the defendent has behaved unreasonably -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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sparkey,

***Congratulations***,

I bet youre in a good mood then....

 

one thing, if they have requested for your settlement to be 'confidential' cross it out before returning it.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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