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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Seminole v Abbey: £10,235 RECEIVED


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10. After the 18-month period has elapsed, the Defendant transfers the information held on the live system onto microfiche. The microfiche is then stored and, if necessary, retrieved as follows:

 

10.1 It is stored in boxes covering a 2-month period (for example, January and February, or March and April). There are usually 4 boxes covering each 2-month period.

10.2 Each box contains a range of account numbers, such that (by way of example only) "box 1" could cover account numbers 1-500 and "box 2" account numbers 501-900.

 

10.3 In the circumstances, in order to search for microfiche dating back for a period of 4 years would require a member of the Defendant's staff to check the fronts of 96 boxes to identify the relevant boxes containing microfiche records relating to the account, then search the contents of 24 different boxes identified and finally go through an average of 450 different accounts on the particular microfiche in order to locate the specific records of the individual account.

10.4 Each piece of microfiche contains the records of a number of accounts and there is a note on the fiche itself of the range of account numbers that it covers.

10.5 The microfiche in each box are stored in numerical order, although each box contains approximately between 8,000-9,000 pieces of microfiche. The member of staff searching for or retrieving the microfiche has to check through the boxes manually to find the relevant information sought.

10.6 Once the correct microfiche has been identified, the member of staff has to put it into the fiche reading machine and then manually find the correct account number. Once the correct account details have been located the information is then printed onto paper. This process has to be repeated for each piece of microfiche retrieved from each relevant box..

 

 

 

Whilst the records are stored in date order, the front of the box gives the range of account numbers, and the individual microfiche slides are stored in account number order in the relevant box.

 

I accept that it may be a time consuming process, but let's be clear - in order to find the transactions for one month, you would be faced with two boxes. On the front of the two boxes would be the account number range. When you have selected the correct box, the slides are in a/c number order, so you could easily locate the slide - I cannot believe then that the accounts are not in order on the slide.

 

This is a filing system that is used in virtually all office environments for paper records - it is logical, and any suggestion that this is not indexed is absolute garbage.

 

It is NOT difficult to find the records - it is a little time-consuming, but let's face it they have got 40-days to comply!!

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Sometimes in life you eventually get to one of those Victor Meldrew moments. You know, when all you can think of to say is, "I DON'T BELIEVE IT!!!".

 

I have spent ages trying to find someone with experience of microfiche systems, and just how easy/difficult it is to access a record, and how files are likely to be structured.

 

Last night I was talking to the wife about Abbey's defence, and exactly how their system works - and she then said that this was exactly the same as the microfiche system she used to work with at an NHS accounts department!!!!

 

So, after weeks of trying to locate an expert witness........I find I was sleeping with one!!!

 

I DON'T BELIEVE IT!!!!!

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Sent but with the added comment that the trainee solicitor recipient may like to refer this email to one of her firm's partners.

 

I hope you are not going to upset my new girlfriend!! :lol:

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BTW....no need to mention that to the missus!!

 

 

 

 

 

 

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