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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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GMAC Reclaim charges


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i have just received all the doc`s from GMAC on behalf of my son,even though he increased his payments to pay of the arrears they have been charging him £50pm arrears fee, when he has not been in arrears they charge him £30 unpaid DD fee I intend to claim all of those charges back,is there any problem with that?

Also on his file there is a £100 fee for instructing there solicitor this seems a lot of money just to send an instruction, then there is a charge of £678.75 solicitors cost, I know they went to court to get a repossession order this was granted ,however since that time i have been able to ensure his mortgage payments were made, that is why when we arranged to increase the monthly payments to clear the arrears i thought this extra was paying of the arrears i now discover it is just paying the £50 Arrears fee Do you think i could challange the solicitors fees?

Larry

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Some people have sucsessfully claimed money back from GMAC I am just about to start but I doubt if you will get the solictors fees back that amount seems average for the ist case for repossession it wil include all the disbursmance that they have to have . but arreas fees and dd charges are probally ok

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Have finally received reponse from Gmac - 1 day before deadline for non compliance claim! Letter prepared to send on monday to claim back rip-off charges. Has anyone successfully got arrears charges & bouced fees back from gmac yet?

 

I am claiming for unpaid dd fees and arrears fees/litigation fees - yes £50 pm it seems they called it whatever they felt like at the time. Not bothering to go for the solicitors costs as i think that will go nowhere at this stage. Am going for the items that i am confident of getting refunded then will make another claim later (hopefully) when the ERC debate is decided!

 

capital one £828.62 mcol raised 26/2/07

SPML £1989.72 LBA 16/3/07

Bank of Scotland mortgage £?? SAR 16/3/07

Prestige Finance £330 LBA 16/3/07

GMAC £2465 LBA 19/3/07

Welcome Finance £??? SAR 01/2/07, LBA (NON COMPLIANCE) 13/3/07

Capital one (husbands) £??? SAR 31/1/07, LBA (NON COMPLIANCE) 16/3/07

Barclaycard £??? SAR 10/2/07

Forthright Finance £??? SAR 12/3/07

LLoyds TSB business a/c £296.77 LBA 21/3/07

LLoyds TSB current a/c £??? SAR 10/1/07

LLoyds TSB husbands a/c £??? SAR 10/1/07

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  • 3 months later...

I have just received a letter from Kensington (is there a thread for them?)they claim there charges are fair and my son agreed to be bound by them when he accepted the mortgage offer and in fact there fees are comparable with others in there markets are in accordance with the FSA regulators and the UTCCR (what is that) that also say should i issue court proceedings they will vigorously defend and will seek an order to recover there costs of defending this action.

i am only claiming back charges applied to this account including costs they have added for solicitors

I am not claiming ERC

what do you think? can they claim costs to defend this action?

Larry

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They will all have their own "in house" legal department,. as Mortgages are much more complex than bank accounts..I cant see how solicitors fees will be high, if at all, untill court. I will watch with interest as im only a couple of weeks away from starting my own claim(s). Possibly 3 so i am picking up as much experience as i can first....

Good Luck to you all....

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Are Kensington not the sub prime division of Halifax . I will have a dig out later..

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Larry

 

Kensingtons claims are in this forum as we do not have specific forums for each mortgage company sop here is fine.

 

I am a little confused as you say ion post 1 that you are claiming on behalf of your son against GMAC and in post 5 it is Kensington. Have you got 2 claims on the go for your son?

 

If your son is still with the mortgage company you are cl;aiming from then please be aware that we do not advise this due to the fact some may be less helpful in the fututre should he need them to be.

 

Your right about small claims. Most claims under £5k stay in small track and these do not generally attract costs orders. However be aware that this is not 100% of the time. If the claim is bordering on £5k the Defense may ask for it to go to fast track and costs are awarded in the majority of cases.

 

You mention that you dont know what UTCCR is. This is Unfair Terms in Consumer Contracts regulations. You really need to read up on this as you will have to show how these regs apply to your sons claim.

 

Solicitors fees are not a default charge. Many people are risking losing a lot of money which many can ill afford through being uninformed. You can only claim back charges which have been applied to the account through a breach on your part. So if your son has missed a payment and they have applied £50 to the account, this can be reclaimed. Use this rule of thumb "if its been added to your account as a slap on the wrist for doiing wrong then it can be reclaimed".

The solicitors fees do not come under this rule, although you can ask for the bill to be disclosed if and when it gets to court. Disclosure is normally only in fast and multi track but if you have an allocation hearing you could ask the Judge to make this as part of an order. The worst he can say is no!

 

To round up:

1. Read and understand the UTCCRs

2. Check each charge applies to the rule of thumb

3. Identify each charge and which clause in the contract it applies to e.g charge of £30 for a letter may be linked to clause 3.1 of the contract.

 

Hope this helps

 

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Thank you this is most helpful

yes there are two claims one for GMAC and one for Kensington i take the point of the solicitors costs and will drop them from my claim i have had a letter from them both now saying the charges are fair so the question is "can i reclaim these charges" if so i will issue court proceedings.

As a retired businessman i have a lot of experience dealing with county courts and industrial tribunal's addition i have a son who is a solicitor however i would point out this is not his field of law but he would help me in court

where on the forum is the info regarding the unfair terms

Larry

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I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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with regard to solicitors costs, ask for invoices the solicitors will have invoicesd gmac they will pass the amount straight to u gmac are vat registered and can claim the vat back therefore they should not pass that amount on to u

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how much are they for, we have a costs hearing on 6th August the Judge will make a decsion on what is reasonable that then will be binding on GMAC so it might help you

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  • 3 weeks later...
Larry

 

I Have all the details of the charges on both accounts (GMAC & Kensington) I intend to claim back just the unpaid D/D charges and the £50 per month arrears charges that have been applied to there accounts even though they agreed to pay back and extra £75 towards the arrears (so in effect they were only paying £25 from the arrears account) I am also claiming back the VAT from the solicitors costs because they will have claimed that back through the normal course of business. They seem to want me to go through the Ombudsman as opposed to court?

In light of recent events am i able to issue court proceedings? and can you help with any other info that may help including the relevant unfair trading regs

Larry

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how much are they for, we have a costs hearing on 6th August the Judge will make a decsion on what is reasonable that then will be binding on GMAC so it might help you

Please let me know how it goes you can contact me by email

Larry

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Will do we are preparing for the hearing at the moment they have instructed counsel to appear with the costs clerk a bit over the top what are they worried about!!!!!!!!! its only a costs hearing

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