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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Help with cash sum settlement into an IVA...


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Hi,

 

Looking for some advice regarding an IVA. Long story cut short, had substantial loan /credit card payments each month, girlfriend was working, quit work due to becoming pregnant (unplanned) and now we’re living on one wage. Cut down to a single car, cut out all un-necessary spending, living to a strict budget and been consulting with CCCs.Current debt (all in my name – occurred before meeting my partner) was under some control, however due to reduction in income, unable to meet monthly obligations.

 

Debt value is £32000 – one creditor whom was totally un-reasonable regarding reduced payment plan has issued CCJ. CCCs has now recommended IVA. I’m in the process of setting this up, however since this has started, which has taken nearly 6 weeks already my partners dad has basically flipped his lid over the whole matter, as its now come to his attention and has offered a lump sum of £6000.

 

He’s basically told me to offer this into a lump sum payment and see if many of the debts can be written off.What are my options with a £6000 cash sum towards £32000 worth of debt? I cannot afford to repay the debt so would creditors except a reduced cash settlement in an IVA?I’m waiting for CCCs to asses if this viable, however wondering if I’d be better of calling creditors and seeing if they’d except a cash settlement.…

 

Many thanks...

Edited by iv-tecman
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I'm really sorry for the poor formatting of the first post.Somehow when I attempt to put the whole post into structured paragraphs it doesn't work..

 

edit - wokring it out, you need to use HTML paragraph tags..!! Erm ok, anyhow hopefully easier to read now, many thanks.

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  • 1 month later...

Hi Iv-techmanGoing from the figures you have provided above, the dividend would roughly be 18p/£ (for every pound you owe, the creditor would get 18p back) however this is not taking into account the IP fee's on the IVA. After fee's of say for example £1850 for nominee fee and £1500 for Supervisor fee it is possible that the overall dividend could be below 10p/£ which is a low dividend in the eyes of the creditors. What would work in your favour is if you were to have no disposable income to offer to your creditors as they would then see it as that is all that they would be able to get from you. If you did have a disposable income then the IVA proposal could be modified by your creditors which could mean that whatever disposable income you have must be contributed into the IVA for 5 years (unless modified by creditors)so to increase the overall dividend avaliable to creditors.No licensed IP will do an IVA without a fee due to the work that is put into drafting your proposal and also looking after the IVA after the acceptance meeting. I would advise that you speak to a debt helpline such as Debt Free Direct or National Debt help line who will provide you with free advice and will normally help you decide which is the best course of action. **Please bare in mind that I am training in debt advice and there may be many other options that are available to you**

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Hi,

 

Looking for some advice regarding an IVA. Long story cut short, had substantial loan /credit card payments each month, girlfriend was working, quit work due to becoming pregnant (unplanned) and now we’re living on one wage. Cut down to a single car, cut out all un-necessary spending, living to a strict budget and been consulting with CCCs.Current debt (all in my name – occurred before meeting my partner) was under some control, however due to reduction in income, unable to meet monthly obligations.

 

Debt value is £32000 – one creditor whom was totally un-reasonable regarding reduced payment plan has issued CCJ. CCCs has now recommended IVA. I’m in the process of setting this up, however since this has started, which has taken nearly 6 weeks already my partners dad has basically flipped his lid over the whole matter, as its now come to his attention and has offered a lump sum of £6000.

 

He’s basically told me to offer this into a lump sum payment and see if many of the debts can be written off.What are my options with a £6000 cash sum towards £32000 worth of debt? I cannot afford to repay the debt so would creditors except a reduced cash settlement in an IVA?I’m waiting for CCCs to asses if this viable, however wondering if I’d be better of calling creditors and seeing if they’d except a cash settlement.…

 

Many thanks...

 

Hi

 

As another poster has put, have you been fully advised on all your options including bankruptcy?

 

On the full & final settlement issue, below is a useful fact sheet from National Debtline that may help

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

 

More info on your overall circumstances needed really to help further.

 

With all debt solutions you really need to fully understand anything you enter into or sign up to especially an IVA and even more so if you own your home in my opinion.

 

Might also be worth looking through the Nat Debtline & CAB links below

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

https://www.mymoneysteps.org/

 

Always best to be absolutely sure

 

Best wishes

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Have you considered bankruptcy? Or do you have too many assets? Might be a way to a clean start if not.

 

Hi,I have, wasn't too sure about surplus cash each month, as courts could decide to make my pay this for up to three years even after being discharged.Managed to now get lump sum funds up to £8500 - currently not paying creditors any payments apart from CCJ in hope they'll accept full and final offer - but still going ahead wth IVA its now in draft stages with CCCS.Wish I had £32000 - I'd just pay them all and never take another loan as long as I live - learnt my lesson in regards to credit. sadly my partner wants to buy a house, so she is keen for all debts to be gone quickly as possible and for me to start trying to repair my credit file...firstly though, I need to get my debts gone, and currently have £8500 to repay £32000. Written to all creditors offering them equal share of £8500 - so far all have refused offer.

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