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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Fasthosts URGENT; Statement for Judge FH


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I know this has been repeated now ( 5 days for case to be thrown out! (2nd page)) but if anyone could help me with my statement when the Judge hears me first. That would be great!

 

I'm getting the train after work tonight so won't be able to read any posts after 18:00 tonight!

 

Argh! Looking forward to it but abit nervous!!!!!

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UPDATE!!!

 

Dear Mr Harper,

 

In regard to your claim 6QZ84764 we have today processed a refund of £47.00 to

the card associated with your account. We value your continuing custom and feel

that a goodwill gesture is appropriate in this case.

 

The funds should appear on your card within the next 5 working days.

 

Kind regards,

 

Jo Ryall

Customer Services

Fasthosts Internet Limited

 

 

However I have purchased train tickets booked a hotel room (hotel room not paid for) and paid court fee?#

 

Should I say refund ttrain tickets@??

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Dear Jo Ryall

 

Thank you for your e-mail dated 16/04/07. I respectfully decline your offer of £47.00 as settlement of my claim.

 

My claim is for £47.00 as outlined in my Particulars of Claim, plus court costs of £30.00, and this claim will continue until payment is made in full.

 

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly unless you are willing to make the payment a part-settlement.

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£30.00) without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

Yours faithfully

Robert Harper

 

>From: "Customer Accounts Team"

>To: [email protected]

>Subject: 1206154#ABQKVS Claim 6QZ84764 (PLEASE DO NOT CHANGE SUBJECT)

>Date: Mon, 16 Apr 2007 11:15:47 +0100

>

>Dear Mr Harper,

>

>In regard to your claim 6QZ84764 we have today processed a refund of £47.00 to the card associated with your account. We value your continuing custom and feel that a goodwill gesture is appropriate in this case.

>

>The funds should appear on your card within the next 5 working days.

>

>Kind regards,

>

>Jo Ryall

>Customer Services

>Fasthosts Internet Limited

>

>

>

>

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Good one.

 

Interesting points regarding the travel and court costs. As they've left it late enough for you to have reasonably booked travel and accommodation, I wonder where you stand in being able to claim these back?

 

If you let the case proceed, as you weren't happy with their offer, would the judge take a dimmer view as you haven't made every effort to settle outside of court?

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As mentioned by someone else it isn't a perfect case due to business > business but I do know I have a case and I think it is a good case. I have explain I will take that but cannot settle unless I get my court costs back and I was going to waive my travel costs.

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As you are doing it for the "principle" and via Small Claims, I assume your only exposure is the £47 plus £30 costs, plus your travel expenses?

 

You don't stand to lose much even if they find against you then... So it sounds like it is worth holding out :)

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Well they could be doing it so the judge sees them trying to settle and me causing a fuss so I have said

 

Thank you for your reply. I will give you until April 16th 2007 15:00 for any further replies due to the fact I will need to travel up this afternoon to book into the hotel I have reserved. I believe I am being reasonable asking for my Court costs only and I would like to note that I am not requesting travel or hotel costs which I have had to book as you have only offered a settlement this morning.

 

Regards,

Robert Harper

 

 

This is in reply to:

>Dear Mr Harper,

>

>Thank you for your email. I understand that you do not see the amount refunded to your account as a full and final settlement of this claim.

>

>We will not, at this stage, be meeting your claim for court costs.

>

>Regards,

>

>Jo Ryall

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YOu are within your rights to demand payment of your court costs as you have had to pay them and the Judge will acept this.

Personally I would also ask for my expenses to be made, as you have had to apply these out already.

Ask the Judge to consider your request for expenses on the basis that they tried to settle at this late stage and could have prevented this by entering into dialague at an ealrier stage.

 

My Opinion, Paul

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If your "negotiations" with FH fail, then you are well within your rights to ask the Court for your travel costs back, as we discussed before and the Court staff confirmed. They have only offered part of the value of your claim and you are therefore also within your rights to turn it down. I don't think they will turn up in Court tomorrow and therefore the Judge will most likely (without hearing much more than is in your Claim) find in your favour.

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So pay the money back to them (use a direct bank transfer by calling your bank/using internet banking or instruct your bank to return the payment if it has arrived) with the same account details you normally use to pay your bill, and go to court tomorrow. Email them and inform them that you are turning down their offer and will see them in Court tomorrow. Also inform the court that your claim is NOT settled (by telephone); otherwise they will put a Stay on it.

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I would write back and inform that that the claim is for £77 and therfore the refund of £47 does not cover the claim. And that you are continuing with the claim until the full amount is paid. You could also state that you will be asking the Judge to allow expenses to be added to the claim.

If you have claimed £77 (£47 plus court costs of £30) then the court will see that they haven't settled the claim.

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Claim is for £77 I had put that I wanted court costs.

 

Reply to Fasthost:

 

Dear Jo Ryall,

 

My claim is for £77.00 therefore the refund of £47.00 does not cover my claim as the court will see. I will be continuing with the claim until the full amount is paid. I will also be asking the Judge to allow expenses to be added to the claim.

 

To avoid confusion I am not accepting this as a settlement and will see you in court tomorrow.

 

Robert Harper

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I request this refunded to my credit card or as a cheque as I will be closing my account. I will give you a further 30 minutes before I need to leave.

 

Robert Harper

 

>From: "Customer Accounts Team"

>To: [email protected]

>Subject: 1206154#ABQKVS Claim 6QZ84764 (PLEASE DO NOT CHANGE SUBJECT)

>Date: Mon, 16 Apr 2007 14:36:32 +0100

>

>Dear Mr Harper.

>

>We have applied a credit against your accout of £30 as a goodwill gesture. Future payments for your hosting account will be met from this balance.

>

>This is in recognition of your value to us as a customer.

>

>We have notified the court that this credit has been applied to your account.

>

>Regards,

>

>Jo Ryall

>Customer Services

>Fasthosts Internet Limited

>

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As they're p*ssing around so stupidly, obviously stalling or backing down, don't forget you need to see EVIDENCE of the payment clearning in your account before dropping the case.

 

If you tell the court not to proceed, and later find they haven't paid up, you'll be a bit upset.

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As Jampot says you need evidence that they are willing to pay in full.

You can ask the courts for a stay to allow the payment to clear. BUT only do this if you have it in writing from them, ie email due to time limits.

I would still ask the judge if your expenses can be added.

Also print all this email corrspondance you have been having and take it with you to help your case for expenses,.

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Ask the Judge at the Hearing.

I believe you can ask for £50 for your day and take a copy of your travel receipts and hotel bill (only claim for you and not your partner). The judge can only say no.

If they had paid earlier none of this would be necessary, and thay have proved that they were not going to attend and defend by trying to settle on the eve of the court date.

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Robert - all the advice you were given before about what to ask in Court etc still stands. Go to court tomorrow (they will not be there - I have almost no doubt) and follow your original plan. They cannot arrange for your bank account to be credited prior to the court hearing.

 

Make sure you notify the Court that you are not satisfied before you leave.

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