Thanks for the comments. I have already suggested to her that she make the last two payments at the usual time (when they debit her card) and only thrn to both cancel their authorisation by writing to them but also advising her bank . I am already aware from seeing other posts on this site that sometimes it is necessary to be very clear with the bank about cancelling a particular CPA. Thanks everyone for your help. I will put any updates on here.

There has been a couple of events as follows: My Sister in Law had sent an email requesting a copy of the agreement, an indication of where in the agreement there were terms indicating it would fail and an insistence that future communications would be by written means only. This may have rattled them or not but the following letter was received: A virtual meeting of the creditors was convened for 2nd April to consider a variation to your IVA. The variation meeting has been withdrawn and the IVA will continue as per the original proposal. Should you have any queries......etc. And then the following: You may recall speaking to my colleague last week about the meeting we held with your creditors. This meeting has now been withdrawn, however to prevent the IVA from failing we do need to resolve the issue with the property. When the IVA was accepted, the property wasn't included - however creditors added a modification to your proposal to ensure that they obtained some monies as you have an equitable interest. As you have agreed to the modification (verbally and then electronically signed - see attached) - the arrangement was confirmed. There are 2 months left of your original IVA, but it will not be able to complete unless an agreement is made with your creditors. I note from your the call that your husband advised that no further monies were to be forthcoming. When we last reviewed your case in November 2023 - the information we received demonstrated that the payments to the IVA were affordable. I have attached the workings used for your payments, and would like to invite you to update anything that you feel has changed. Please note, that I am unable to change anything without evidence, therefore I would require the last 3 months of bank statements along with your tax return to show proof of earnings. Where possible, we can then look to approach creditors with another offer. I have advised her to do nothing. I am no expert at IVA's but I get the sense they are thrashing around trying to get something out of it. What do they mean by the phrase "will not be able to complete" (which they underlined in their correspondence)? The current plan remains which is to make the last two payments of the original five years and then not pay any more. I am suggesting that after she had made the last payment she notify them in writing that she will not be paying any more and withdrawing authorisation for them to debit her bank card also suggesting she advise her bank to stop any future payments to them.

Thanks for the various replies. She is currently paying £100 per month. Last week they contacted her again and said that if she did not agree to the one year extension by Tuesday April 2nd then the IVA might fail. She was a little alarmed by this. I asked her how it was possible for it to fail on Tuesday if the payments were up to date and the initial term of five years still had two months to go . I told her they were putting unfair pressure on her. I have advised her to write to them asking for a copy of the original agreement and to ask which part of the agreement allowed them to add a year and why it would fail on Tuesday in particiular if she did not agree to an extension. I also told her to tell them that future communications had to be in writing. (I bet they would not have said it would fail in writing!). Further to an above question her creditors are as follows: PRA Group £12912 PRA Tesco Bank: £6732 LC assett: £5365 PRA Tesco Bank £3022 Paypal Credit: £922

Forest King insolvency Ltd. Waiting to get the names of the creditors but it will be people like Lowell, debt buyers, and the original creditors will be credit cards like Tesco bank, HSBC, Lloyds etc.

My sister in law took out an IVA almost five years ago and it now has about three months left to run. My SIL has forwarded an email she received from the Insolvency practioner which says (in part): ...following the Variation meeting to remove the obligation to look into releasing equity I understand that you are unable to approach your husband regarding the property, so they are happy to remove the obligation however they want an additional 12 months contributions to compensate creditors therefore the IVA will run for a further twelve months. They are seeking her agreement to this. As I understand it whilst they are married the house is only in my brother's name as he had it prior to the marriage (20 plus years go) the debts are card debts that she has in her name. It would seem the IVA is trying to get a charging order on the house and not succeeding because my brother wont have it. I am not knowledgeable regarding IVA's so would welcome any advice here but can she refuse to go another year? I suspect some fleacing attempt is going on here by the IVA practioner. I am tempted to advise (and assist) that she asks for copies of the original agreements and if , as seems usual, they cannot supply those documents then the debts are unenforceable and she could stop paying anyway. any thoughts gratefully received.

OK Uncle, thanks for the advice, that is my next move I guess. Will update the thread with the outcome.

@Bazooka Boo I defaulted because my business ran into lean times. I was in contact with them and made some minimum payments, mainly to try and maintain my credit record but stopped when I found out that they had trashed it anyway. Something had to give so I stopped paying them at that point.

@Bazooka Boo thanks for joining. After getting the LBA I received a document print out from Overdales consisting of the agreement and default notice as shown in my upload plus around 30 printouts of the monthly statements beginning with when the card was taken out to when it defaulted. I have not scanned them as I did not think they contained anything useful but can if the group thinks it worthwhile, but probably about 200 pages and a lot of redacting to do. Apart from the above there was nothing else sent. @unclebulgaria67, thanks for input. Yes, I received goodbye and hello letters. Overdales have not provided them in the bundle nor any other proof of the sale. The credit agreement is made out in my name and the box is ticked. How do they, or a judge, know it was me that ticked it?

Guess the money is owed. Is this defensible if I get a claim form? Why would I not get a claim form now we have got this far? What scope is there to defend it?

Uploaded the full credit agreement though I only needed to redact the first page. Also the default notice which is two pages, only had to redact the first page. I have not uploaded any of the card statements due to the shear volume but I would say they are a full history of the transactions from start to finish. 118 claims they do not apply any default charges but I will have a look through to see if I can spot anything. 240206 118 Agreement and Default edited for CAG.pdf

Hello all, Had a 118 credit card. Stopped paying around November 2021 and received a default notice dated 10th December 2021 so have gone into default as of around 24th December 2021 with a value of £752. Account purchased by Lowell and subsequent communications ignored until a LBA weas received from Overdales. I used the Ministry of Justice reply form not the Overdales supplied one and sent a request using wording as advised by CAG. I have finally received a reply back dated 30th January 2024 from Overdales providing a statement which comprises the numerous monthly bills relating to the account, a default Notice and a Credit Agreement. The Credit agreeement is made out in my name and shows a tick box with a tick in it, no signature from me which I never provided in the first place. There is no IP address provided. There are no hello and goodbye letters provided (though I have them from when they were originally sent) so as of now they have not provided evidence they have bought the debt. The balance of the Overdales letter asks me to provide further evidence if I wish to "support my dispute" and goes on to say they "May" go on to Issue a CC claim. At this point I guess I have two options, ignore or reply. Would be grateful for advice on the next steps if any. Many thanks.

Plenty of other adverse reports so this one is not making any material difference, it was just the way it was being shown. The tick and cross system gives the impression that a payment is being missed every month. I note the comment about not being offered a payment plan again and the phrase blood out of a stone springs to mind.. Thanks for the replies.

No not paid it. They will have to wait until I have paid rent, council tax, food, electricity, fuel, car tax. They are not high up on the priority list just now.

They called me about a week ago and I said I had no money and couldnt pay them. They said they would get back to me 19th February but would still report it to the CRA's. My question is really about the presentation of this data. I have missed one payment but no others are due. They are making it look as though I am missing a payment every month!

Hello all Minor thing here but wondering what CAG members think... I paid my water bill throughout 2023 from April to October seven out of eight payments with one remaining for November which I have not so far paid. ST water duly recorded the non payment with Transunion/KreditKama as follows: October: a tick mark November: -- indicating no data December x indicating a missed payment. OK not happy but fair enough. But January I have got a x again but no more payments are due. At first glance this would seem unfair as I have only failed to pay once, the last payment for the year due in November and nothing more is due till April apart from my current arrears of £34. Can that be right that they can continue to record the one missed payment month after month? Not troubling me greatly but would be interested to see opinions on how this data is presented.