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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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Burgess v Barclays


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Hi.

 

I've refused the initial offer from Barclays and they've now written back with the following:

 

"I am unable to refund you the full amount and it is with regret that you will now be proceeding to the County Court. I appreciate this is not the response you were hoping for, but I hope I have clarified the Bank's position."

 

When I initially read the letter I thought this was telling me that they were going to take me to court, but that can't possibly be right. So, I assume my next stage is to file a claim through Moneyclaim, right?

 

Quite frankly, this is ridiculous. I'm sure it's cost them more in staff wages responding to my letters than the amount I'm claiming. Going to court (which I'm pretty confident they're not actually going to do) is just going to compound their costs further.

 

Thanks,

 

Matt

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Hello Matt, welcome to the best forum on the internet.

 

Yes, the next stage is the Moneyclaim.......... Good luck with your claim. ;)

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Good luck. Keep us informed.

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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Bookworm, yes, it should be Burgess v Barclays but as I originally thought they were considering taking me to court I swapped the claimant and defendant round (well, that's my excuse and I'm sticking by it ;-) ). As for the Americanism, I guess that just slipped in after reading far too much about the SCO vs. Redhat case that's going on over the pond!

 

Anyway, the claim has now been submitted. Thanks to everyone who's supplied the invaluable information on this site.

 

Regards,

 

Matt.

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I think the SCO v IBM fight is more fun. But that's personal preference...

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 5 weeks later...

What with other stuff going on I completely forgot about this! I filed my claim on 22nd June, and an Acknowledgement of Service was filed by Barclays on 23rd June. They intended to defend all of the claim, and as such, I believe, had 28 days in which to file a defence. I make that to be today (assuming they're not talking about 28 working days), and I've not received any paperwork relating to the defence yet. I suppose they could've filed the defence today so I suppose it's reasonable to wait a couple of days for Royal Mail to get the stuff to me. Just out of interest, has anyone else had Barclays fail to submit a defence and therefore managed to get their money back by default?

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Log onto Moneyclaim and file for a judgement by default. As long as the full 28 days has passed it will let you do it. You will then get a letter from the courts sent out in the post.

 

I would suggest doing a search for judgement by default on here to see what the possible outcomes could be. When I did this for my OH with Capital One, they settled about two weeks later.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Well, MoneyClaim isn't allowing me to request a judgement by default, presumably because it doesn't think 28 days have elapsed. The claim was filed on 22/06/2006, the Acknowledgement of Service was filed on 23/06/2006. I make 28 days from the date of filing to be 21/07/2006, unless they mean 28 working days? In which case it'd be 02/08/2006.

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Well, MoneyClaim isn't allowing me to request a judgement by default, presumably because it doesn't think 28 days have elapsed. The claim was filed on 22/06/2006, the Acknowledgement of Service was filed on 23/06/2006. I make 28 days from the date of filing to be 21/07/2006, unless they mean 28 working days? In which case it'd be 02/08/2006.

 

I am at exactly the same point as you. Original notice 21st June. Acknowledgement of Service filed 23rd June. I rang the Moneyclaim Line this morning and they said go ahead with entering judgement. I don't believe it is working days - the lady this morning was very helpful. She said that they then have a calendar month to pay up. Quite frankly if they wait another month then it will only cost them another £11 in interest charges.

 

I have not tried it on the Moneyclaim website yet though. I will respond here later on once I have tried.

 

FYI - my thread is BBloke v Barclays.

 

Good luck

 

BB

NEW Barclays Bank claim - £80 requested. LBA not acknowledged yet. 14 days have passed. Moneyclaim about to be dispatched for second time.

 

Barclays Bank - £2155 requested. LBA acknowledged and awaiting response. Offer of £875 made and refused. Moneyclaim issued 20th June 2006. Court date issued for 15th November 2006. £2325 including costs.....and growing at 39p a day

 

Amex - £15 refunded.

Halifax Credit Card - £25 refunded.

Co-Op Credit Card - £25 returned. Credit file amended.

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So, presumably you're filling out a paper-based from rather than something online, as MoneyClaim physically won't let me proceed to enter a judgement by default? Ack...now getting back from lunch my case has changed its status to "Defence"! Ho hum, looks like I'm in for the long haul!

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Exactly what has just happened to me!!! After I posted here I went to check and low and behold a defence. I had the option to start judgement this morning! Well I guess its another 28 day wait now?!?! Or is it. How long before the court assigns a date? If this goes to court you're all invited! We'll hire some coaches and make a day of it. Oh well lets look forward to the post in the next couple of days.

BB

NEW Barclays Bank claim - £80 requested. LBA not acknowledged yet. 14 days have passed. Moneyclaim about to be dispatched for second time.

 

Barclays Bank - £2155 requested. LBA acknowledged and awaiting response. Offer of £875 made and refused. Moneyclaim issued 20th June 2006. Court date issued for 15th November 2006. £2325 including costs.....and growing at 39p a day

 

Amex - £15 refunded.

Halifax Credit Card - £25 refunded.

Co-Op Credit Card - £25 returned. Credit file amended.

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Ok, no panic!

 

You are a long away from a courtroom, so settle down.

 

A few basic facts first: Barclays have so far just about held down the longest on each and every claim. They make an offer, usually 50%, when you refuse, they then make a great show of toughness by saying they'll go to court. They never have, and IMO, are not about to start either.

 

You should be receiving a defence within the next few days. If you have a look at my Barclays thread,

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/5035-bookworm-barclays.html

 

you can see what to expect pretty much word for word.

 

You will have about 2 weeks to fill the accompanying Allocation Questionaire (a how-to for AQ is in Library), and after that, settle down for the long wait.

 

A few people have managed to cut corners by contacting the solicitor for Barclays at that stage, but it is not somethign I would advise unless you know what you're doing and are very determined and firm, or you'll end up agreeing to less then 100% refund or strings attached.

 

Post back here once you have your defence, and keep us posted. Same to you, BBloke.

 

Burgess, I have changed your title to reflect the more combative, pro-active (and English) you! ;-)

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Burgess, I have changed your title to reflect the more combative, pro-active (and English) you! :wink:

 

Thanks!

 

The defence came through today. It's the standard one that has been posted on this forum several times already, complete with rather unprofessional looking spelling errors, etc. Also, there didn't seem to be enough space in the "Defence" section - point 7. is cut off mid-sentence.

 

Point 1 mentions that I never gave them details of the particular account, which I did in my first letter to them! Admittedly, I didn't provide details of the exact charges I'm wanting refunded, but they already have that information (all charges for the 12 months I've had the account).

 

Is this information worth putting this information in Section G "Other Information", or even a list of the specific charges, with amounts & dates in there, or can that be done if/when this eventually gets to court?

 

Thanks,

 

Matt.

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