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    • Feeling tempted to cancel it now but scared that some of the debts will do more Ccj 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 - so effectivly if I'd have not took out the iva I 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years so 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 misold 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 account Lowel 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 creitt file I'd be happy   
    • 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 
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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.

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urgent help needed


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hi need advice please started court proceedings throu mcol in june received issue notice august yesterday received leter from liverpool court saying case has been thrown out with out a hearing how can they do this they havet sent me a q by the way sueing l t b 4500

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Hiya,

Exact letter ecieved from the court-

Before district judge bellamy sitting at Liverpool county court, Liverpool, Civil and family courts, 35 Vernon Street, Liverpool, l2 2bx.

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days or recieving it.

 

IT IS ORDERED THAT

1. The matter be struck out.

 

Dated 20 august 2007

 

I have written back to the court to have this set aside, because i never recieved an AQ so therefore how can the matter be struck out when they do not acually know anything about my claim. :|

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You really need to find out why the court struck out your claim. Have you tried calling them?

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A prudent question is one-half of wisdom.

 

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yes was toldthe only thing she could think of was i had not returned a A q i explained i had never recieved one have now filled in a form which a judje will look at to decide if claim can continue:(

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That is not on, not even an explanation on the order.

 

Which form did you complete?

 

Ensure that you follow this up with a phone call to the court in a few weeks time, that way you can catch any problems before they happen.

 

Did you use the particulars of claim from this site?

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Thanks For Reply I Did Use Particulars Of Claim ,filled In Application Notice Sent Cheque 35pounds As Advised Over Phone On12 July Lloyds Solicitors Sent Me A Letter Asking For List Of Charges Dates Ext Which I Gave Them Could This Have Anythink To Do With Court Decicion Do You Think As You Can Tell Not Great On Computer Thanks For Patience

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Is that N244?

 

If yes what did you put in Part A regarding the reason?

 

The Lloyds list of charges probably nothing do to with this.

 

I see you filed using MCOL, did you send a schedule of charges by post to Northampton?

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