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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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Just going to "have a go" at Barclays...


jackieandwayne
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Ermm dont believe that for one minute, if it goes to court with T's & C's requested by both parties, you can BET Barclays have got a copy,

 

Companies like these keep copies of everything, just because theyre no longer available to joe public doesnt mean they dont exist..

.

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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Good morning gang. Statements arrived yesterday, all printed direct from microfiche by the look of it.

 

I have had a brief look, but will now need to sit down tonight and go through them properly and take my time.

 

In the meantime, I saw a thread on here a while ago where someone kindly pointed out which bits you could claim. Can anyone point me to this - it mentioned REFFERAL UNP etc, as all I can see after my brief look is UNP so far. I just want to read up and make sure I getting it 100% correct. Plus it is early in the morning and I only have one eye open right now!

 

As an aside i saw a friend last night, and she was telling me about our hairdressers fight with Barclays. Silly girl, went through all the palaver of working out ishe was owed £750, Barclays told her she could have £150, and she was told in such a way that my friend now understands that you have to take what they offer otherwise you get into trouble, and also that we are responsible when the banks have to liquidate! Oh yeah, right! And yes she believed them and accepted it and could kick herself now.

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Look out for

UNPAIDS OUT

UNAUTH OD FEE

PAID REFERRAL FEE.

 

Go through you statements, highlight the charges, enter them on the spreadsheet.

go away, have a coffee,

come back and go through again to make sure you havent missed any.

.

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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Right have completed the simple spreadsheet, the one which has one page and calculates the 8%. Is this the 8% for s69 of the County Court Act, or do I add another 8% at court stage? Can anyone point me to a thread where all this interest ect is explained? I'm sure i saw a thread on here where someone charged the bank their own interest rate BEFORE the court 8%.

 

Also I see the final entry which is stacked ready to be applied to my account on Monday is COMMISSION they have charged me £30 for being £10 over my od limit and called it COMMISSION. Can I claim for this, i suspect they arejust trying to disguise their charges now!

 

I had a look at themore complicated spread sheet, just going to have another look now.

 

The charges are no where near what I imagined,although I do remember themost horrendous time, but from these statements I can clearly see who the culprits were, mortgage company, loan company, credit card company etc, so once this one is settled I am going to have a go at them. And then we'll start on OH's closed bank account. ;

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The other interest amount is CI Contractual / Compound Interest.

.

Add ALL charges before filing for court action

 

Once completed your court action, send a copy of your SOC's to both parties. [recorded delivery]

.

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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The interest on the simple spreadsheet is the 8% for s69 thats what is added at court The other is Contractual Interest that is added BEFORE . However you cant claim BOTH lots of interest

 

The commission is the new term for anything they take out ie unpaids out/referrals/account fees/overdraft interest . noticed these on my last statement and yes you can add any new charges (not account fees) until you file at court

HTH

 

saint

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  • 2 weeks later...

I sent my initial letter and schedule of charges on Friday. Recorded delivery. From tomorrow I'll start counting the 14 days. 2nd July, I should have had a "holding letter" or if really lucky a partial offer. Fingers crossed! Will update as and when happens.

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Call me suspicious but I think I have stumbled on another tactic of Barclays. I was expecting my petrol money into my account yesterday, so at lunch time I went off and filled up, paid with card, took £20 cash out. No problem. When I got in last night I thought, well, I'd better check how much I've got, I hadn't been back to the office to pick up my advice slip. Checked on the internet. Well, my petrol allowance is not in the bank and for some strange reason Barclays have removed any restriction to drawing cash and paying for things if I am not in credit! Obviously they will now charge me for going overdrawn, and yes the petrol allowance is three days late in being processed, hasn't even been sent off yet.

 

But, are Barclays doing this on purpose to demonstrate in Court that I have deliberately abused my account? Just a thought - this is very strange!

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  • 2 weeks later...
  • 2 weeks later...

Got all excited yesterday, other half rang to say letter from Barclays here for you, so I dash home to find they are charging me another £30 for being £4.27 overdrawn! Oh well, next letter might be the paultry partial offer! By my calculation if I have had no communication by 17-7-07 its off to Court we go.

 

I shall add this charge to my spreadsheet, its great that spreadsheet, everytime I look at it the interest has gone up! Actually, I don't care how long this takes to resolve - its costing Barclays a little more each day the muck me about, and i feel like the King in his counting house! Hope it don't all go belly up!

 

Will keep you posted.

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Quick update then. Letter arrived today saying "unable to respond until after 14-8-07". Well, they might not have the time, but I do. Off the collect N1 pack Friday, then chocks away!

 

By the way, I went to Court for work, all prepared to chat about this to my friendly DJ, and what happens? He's on holiday and i didn't like the look of the stand in bod at all - he kept looking at me over his glasses! I will try and catch my usual guy, it'll be him who deals with it anyway as Poole is his "kingdom"!

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  • 3 weeks later...

Right, I was off to Court tomorrow with my forms all filled out. Yesterday I got a letter from Barclays confirming that becuase of the OFT test case if I file a court action they will immediately apply for a stay depending on the outcome of the case. They included a glossy A4 pamphlet full of FAQ. Ovbviously they been preparing this for some time now. They confirm that they have no current obligation to answer my complaint right now. But the way theletter is worded, as well as the leaflet, it seems they fully expect to lose? Reading between the lines that is!

 

I'm going to take the advice of this site and still go ahead and put my claim in.

 

Am I doing the right thing? I have used the new particulars of claim that were posted on here recently.

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HI J&W

 

Do you have scanning facilities so that you can paste the leaflet into a post on this thread? Would be interesting for us to see the wording :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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No I don't have scanning facilities but I am happy to copy it and post it to you if you tell me where to send it. I think though that this is a "global" leaflet that has been used by all the banks/building societies and jsut altered to the particular institutions colours etc. Its a nice glossy double sided A4 sheet and must have taken a little time to prepare. I imagine anyone now registering a complaint is going to get one of these glossies and covering A4 double sided letter containing splurge! Let me know where it should go and I'll get it to you.

 

Am I doing the right thing by continuing with my Court claim? Of course the leaflet assures me there is now no need to do this, I will not be disadvantaged when the outcome of the test case is known!! Yeah right!

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Hi J&W

 

Copy of glossy has been sorted thanks and whilst Barclay's generosity in knows no bounds, no one should alter their course of action or timetable :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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This is what I think - I'm probably completely wrong! As I understand it, any case settled in the Small Claims Court, does not alter current law, does not set legal precedents etc etc. It is not Barclays deciding that the Courts will issue a stay, pending the outcome of the test case, surely this must be the decision of each individual County Court judge. Therefore I am going to go ahead and issue my claim, and if a stay is granted to Barclays I think I might try and argue that the test case is not my case, my argument with them is current and causing hardship and I have the right to ask the Small Claims Court to settle it one way or the other. The ruling from the County Court will not affect their test case,therefore what is the problem? On the other hand, if they are now intending to defend their charges then they could quite easily defend my case couldn't they? After all they must now have all their case evidence in place ready for their big day?!! So defending themselves at County Court level shouldn't be aproblem for them - should it? We'll see!

 

Any thoughts or ideas?

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I got a letter from Barclays this morning. It said "we note you keep going slightly o ver your overdraft limit, we are not overlyc oncerned about this but if you care to ring the number at the top of the letter you can request an increase in your overdraft limit to helpyou avoid further bank charges." Well, ok, I rang them to get the brush off immediately! Anyone had this letter and then when you ring they refuse to help? I thought I read somewhere that they are supposed to be assisting where they can whilst this test case is ongoing? They are just playing lip service by sending out letters like this.

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Hi J&W

 

"It is not Barclays deciding that the Courts will issue a stay, pending the outcome of the test case, surely this must be the decision of each individual County Court judge."

 

This is correct and whilst recommendations and guidelines have been distributed to the cc judges, they still have command of any discretion they wish to exercise in whether or not to self impose/accept a Defendant Stay.

 

Posts are popping up every so often on the forums confirming that cc judges are electing to proceed small claims cases even in instances where banks have requested a Stay (and this has recently happened with a Barclays case).

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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I've just been reading the stayed cases thread, and chec\ked with Poole, sure enough, all cases to be stayed.

 

I do a bit of court paperwork in my employment. I've always been told by solicitors etc NEVER to tick the box asking if Human Rights will be affected as it opens up a whole can of worms. The paperwork I do is me asking the court to grant something in my favour, without going into too much detail on here!

 

Now, what would happen if, when I submit my claim to my court which I know is going to stay it, I ticked the b ox on the form to say that yes, this affects my human rights, and put a covering letter in to say that under Article ....... I have the right to be heard, judged whatever (would have to look it up!)

 

Any thoughts? Is this something we should all be doing?

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And another thing, welshcakes you said that courts and judges have been issued guidance, well, can anyone on here show us notes or documents? It would be great to know what they had been told and I'm sure there are County Court staff on here claiming back bank charges! After all we managed to get old terms and conditions easily enough when the banks said they couldn't supply them! Just a sneaky thought!

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