Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • 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
        • Like

IVA with Churchwood/Kingsgate Insolvency. Money Gone Missing?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1820 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok this is a bit of a long story but ill keep it as short and sweet as possible.

 

Myself and my fiancee got into financial difficulty and ended up in a DMP in 2006.

We paid into this as required until we were then advised that we should have been in an IVA all along.

 

Switched to an IVA in 2008 which was dealt with on a joint basis pulling our debts under one roof so to speak

(none of the actual debts were joint, either in my name or hers).

 

The IVA company attempted to make us pay more than we could afford

(two children had arrived in our lives in the interim)

and we therefore defaulted on the payments to the IVA in October 2009.

The IVA then terminated in January 2010.

 

Most of the debts were in my name and I was declared bankrupt in April 2011, this was discharged in October 2011.

 

After checking and finding that neither of us were on the Insolvency Register anymore

I then checked both of our credit reports with both Equifax and Experian.

 

 

All of my debts were shown as settled as per the discharge of the bankruptcy

but there was no mention of any debts at all on my now wifes report.

In fact her credit score was good and the report looked as though it was clear.

 

I wasnt sure why this was but (mistakenly) thought that maybe in some way her debts

had disappeared due to some confusion coming from the IVA being in joint names or something of that nature.

 

I'm also of the belief that as the debt has already been defaulted

(would the original default be when we went into the DMP?)

it cannot be registered as a default again.

If this is the case then does this mean that Marlin could not appear on my wifes credit file?

 

Back to the present day and my wife has now been contacted by Marlin Financial

who have purchased the Northern Rock debt that she had and that had been part of the IVA

(it was an unsecured bank loan as we have never owned a house or any assets of any worth).

 

The letters have been the standard threatening variety, mentioning CCJ, field agents calling round etc etc.

 

It is my belief that the statute barred period in this case would be in October 2015

(six years after the last payment was made) so obviously with another year to go

that does not really play out as an option in regards to this debt.

 

I understand that she can write and request a CCA from Marlin

and I get all the rules regarding that request,

the time periods involved etc.

 

 

If she requests this information however should she do so in her maiden name or her married one?

The letters from Marlin are in her maiden name.

 

 

Also if Marlin were to register a default on her credit file would the name change

play any part in that happening/not happening?

 

We are expecting our third child next April and my wife has just gone part time in order

to take a university course to get her degree (so she can go from TA to teacher if she so desires).

 

 

To cloud the matter further when we mistakenly thought we were in the clear my wife

took out a catalogue and also got credit in order to buy a new three piece suite.

 

At the end of the day I believe that should we request the CCA and they produce it

then my wifes only real option is to file for bankruptcy

as a CCJ would then bring her new debts into play and she would end up defaulting on them too

as the court would order that she pays money to all of her creditors

(the total of the new debts is about 2500 whereas the Northern Rock debt is 13,500,

meaning that Marlin would be awarded the greater share of any payments

to the detriment of the new smaller debts).

 

Thanks in advance.

Link to post
Share on other sites

  • Replies 292
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

who was the DMP and latterly the IVA with

one of the Fee paying Fleecers?

 

 

if she does owe marlin anything [which I doubt]

the CCA request is theway to go.

 

 

it might pay you to SAR NR too.

 

 

just remember as you've prob seen already

 

 

marlin brought a phishing list of old NR debts last year

and are sending out phishing letters to scare people

 

 

several are here already

if its not on her CRa file

and all the old addresses are showing

its gone due to the age of the default.

and CANNOT return

 

 

dx

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

who was the DMP and latterly the IVA with

one of the Fee paying Fleecers?

 

 

if she does owe marlin anything [which I doubt]

the CCA request is theway to go.

 

 

it might pay you to SAR NR too.

 

 

just remember as you've prob seen already

 

 

marlin brought a phishing list of old NR debts last year

and are sending out phishing letters to scare people

 

 

several are here already

if its not on her CRa file

and all the old addresses are showing

its gone due to the age of the default.

and CANNOT return

 

 

dx

 

 

 

 

dx

 

Sorry for my ignorance but what do you mean by SAR NR?

 

The DMP was something like Westfield and the IVA was with Kingsgate Insolvency.

 

The statute barred period doesn't work as I'm assuming the six year period begins from when the last payment was made which would be September 2009.

 

My understanding is that as the debt originally defaulted in 2006 resulting in it going into a DMP that it can not appear on a credit file again unless Marlin go the CCJ route.

Link to post
Share on other sites

a CCJ would show IF they got one in the public section

but the debt would not in the accounts section.

 

 

yep so you got had with the fee paying DMP

and most prob with the IVA too

as those two firms are linked.

 

 

if you click the SAR

it tells you what it is

 

 

it might be prudent to get all the info from NR now

 

 

incase they try anything.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If I made a SAR to Northern Rock then how would I know who to contact as aren't they now owned by Virgin?

 

Also in regards to the CCA,

 

 

I'm wondering how do you know if what they are sending you is the original t+cs

 

 

when you may not have anything to refer to in regards to the original documentation?

 

Sorry for the questions but I'm very much a novice at all this.

Link to post
Share on other sites

get the CCA request and sar off

 

 

we'll deal with the rest

 

 

time to read around as well.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

get the CCA request and sar off

 

 

we'll deal with the rest

 

 

 

 

time to read around as well.

 

 

Will send off tomorrow. Just out of interest, should I leave the line about disputing the debt in on the CCA letter? I'm not really disputing it exists so guess I should take it out.....am facepalming myself at such a stupid question

Link to post
Share on other sites

don't change theca request

doNOT sign the letter

 

 

blank "1 po

1st class by free proof of delivery

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

12+2 WORKING DAYS

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

12+2 WORKING DAYS

 

 

dx

 

Marlin have responded with as copy of the original agreement (with wife's maiden name/signature) as well as as copy of the t+c's. They also enclosed a list of payments made before and after default.

 

So as they're not going to accept token gesture payment and we have no means of paying the debt off I guess theyll go CCJ.

 

Only option left is bankruptcy I guess.

 

Regarding that its my understanding that if the total gross household income each month is less than £1735 (with two kids) then you may be eligible for a full or partial remission of the fees. Two questions spring to mind regarding this....

 

1) is this just for the £180 court fee or does it relate to the full amount of just over £700?

 

2) total income would include all tax credits, child benefit etc as well as my wife's wage? as she has now gone part time it would be worked out on that or based on her previous full time wage? would it also take into consideration the student finance she will be receiving as that's a lump sum not a monthly income.

Edited by silentmovieman
Link to post
Share on other sites

Marlin have responded with as copy of the original agreement (with wife's maiden name/signature) as well as as copy of the t+c's. They also enclosed a list of payments made before and after default.

 

So as they're not going to accept token gesture payment and we have no means of paying the debt off I guess theyll go CCJ.

 

Only option left is bankruptcy I guess.

 

Was there any Payment Protection Insurance on this debt or any default/penalty charges that could be reclaimed ?

 

https://www.nationaldebtline.org/EW/factsheets/Pages/37%20EW%20Debt%20relief%20orders%20(DROs)/Default.aspx

 

Have a read of the above, is it likely you fit the criteria for a debt relief order ?

 

Have a word with National Debtline anyway and see what they suggest.

 

0808 808 4000

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Was there any Payment Protection Insurance on this debt or any default/penalty charges that could be reclaimed ?

 

 

Have a read of the above, is it likely you fit the criteria for a debt relief order ?

 

Have a word with National Debtline anyway and see what they suggest.

 

0808 808 4000

 

DRO is no good as the total debts are over £15k. Back to NDL it is

Link to post
Share on other sites

I'd await the sar before responding pers. dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

stop panicking I'd be gathering all the info before you make any longterm plans on this debt dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

stop panicking I'd be gathering all the info before you make any longterm plans on this debt dx

 

Not picking just trying to get a better understanding of everything.

 

I get what a SAR is and why you'd do it but in this circumstances I don't see how it would help.

 

Northern Rock will hold info on the wife obviously but that won't be anything outside of the agreement signed will it?

 

Even if it is, after receiving the CCA from Marlin which all appears to be legit and above board that's all they need to produce to proceed is it not?

 

I know you guys have a better grasp on all this and I have read around to try and better understand, I just can't see the benefit of a SAR here, but then you could fit everything I do know about this on a postage stamp :)

 

I should also thank you all for the advice and tips you're giving me.

Link to post
Share on other sites

The benefit of the SAR would be to see if there are any default/penalty charges or PPI

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Do you know if NRAM ceased adding interest to the loan when your wife first informed them of the financial hiccup ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

lets get all the info then we know what cards we are dealing here.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The benefit of the SAR would be to see if there are any default/penalty charges or PPI

 

There was no PPI, that's clearly stated on the CCA that my wife signed.

 

The list of payments they've sent her show the starting balance

and monthly payments that were being made as per the loan agreement (again all there in black and white on the CCA. )

 

The payments at the right level stop in April 06 and then reduced payments start in August 06, this would tally up with with when we entered DMP.

 

I have noticed something interesting going through my records though.

 

The lower payments run from August 2006 to February 2008 (during which there is a debit of £55 is added).

 

What I've noticed from the list they've provided however it shows no payments being received

between February 2008 and when the debt is written off as bad debt in April 2009.

 

The thing is that we switched from DMP to IVA with effect from May 2008

and this debt was included in the arrangement

(I have the relevant documentation to prove it),

 

why did this debt receive no payments for the duration we were in the IVA when it should have been?

 

There are other debits added to the defaulted balance,

£64.63 miscellaneous, £47.69, £647.54 both listed as write on.

These two amounts are then also listed as payments received on the same day in January 2010 (around the time the IVA was terminated).

There's also a write on of £310.93 on the same day.

 

So with all of this in mind does it look like something was happening other than it should have been for the duration of the IVA?

Link to post
Share on other sites

so are you saying no payment was made to this acc since Feb 2008

 

even more reason to await the sar reply

 

Could you post up everything that you received in reply to your cca request

 

with pers details removed

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

as soon as you mentioned those two names

in regard to the DMP and the IVA

my spider senses went on alert.

 

 

we need every piece of info you can get.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

You would I think need some explanations for those additions to the account.

 

You might need to request information from the administrators of the IVA if it looks as though no monies were provided by them to the account ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...