If they have changed it to a capital & interest loan account it will be accruing interest daily.The debt will continue to rise even though your making your monthly payments.You really need to do a SAR on both the lender & DCA to find out exactly what theyv'e been doing.If theyv'e used a solicitor do 1 on them aswell.The data you recieve under your SAR could prove theyv'e recreated the agreement......IF they have done this it only strengthens your case for the ccj to be setaside.

I'm sorry nicklea but from all the threads I've been reading rory is right.Otherwise the lenders & dca's can make it up as they go along. . Its clear that they can't find the original so they have created a new one.The RBS did this to Paul Walton & got into big trouble,he found his original & proved that the one they sent was a total fabrication....date & amounts were different,they had also altered the account type so they could add contractual interest after judgement........check your agreement fedup74.

Has anyone provided you with a statement showing how the debt has increased? If it has incurred charges & interest that are excessive[unlawful] this MIGHT be grounds to apply an N244.But you'll need to get all your facts together and cover every base....this will take time.Also even if you are successful they will probably come after you again for an ammended amount.If by then they still haven't complied wth your CCA request, could be they won't be able to enforce the debt.Have you done a SAR on them.You never Know what data there holding on you & mistakes there making not just with your finances but personal data.Any ammo you can get against them will help when you go back to court.

Take a look at manchester1 he's already applied his N244 & is getting some good advice....especially from blossomandebony who was successfull in having her ccj setaside.

See what happens at the creditors meeting if you can get the iva set up on your terms with fixed monthly payments that you can easily afford for the next 5 years.This may still be a good option.Good luck.

Hold on....just because its an old ccj doesn't affect your right to ask for data. You never know what this info will throw up.They say 6 years but if your still paying the debt then your account should still be active.Might be worth a go.Start writing to everybody.Ask questions, do your CCA request and your SAR. Does the debt include charges and interest which may now be considered unlawful, if it does it should help towards making a f&f.

Have payplan gone through all the pitfalls of the iva? If they acted like salesmen and were only focusing on the benefits of this route and not the negatives....it could be construde as misselling....point this out if they do get peed off with you.

You need to understand that an insolvency practioner will tell you that an iva is your best option,remember they will benefit financially from you.They will reatain a large amount of the money you pay in.If your financial circumstances change for the better,they could ask for increased payments.If it fails..your back were you started..infact probably worse off as the debt will have increased.an iva will also effect your ability to get credit.if you do choose this route Please Please don't sign the iva until you checked it thorouhly for any hidden clauses.

You need to do what is financially best for you.an iva will last for 5 years & from my own experince is NOT the best route.I can understand your concerns regarding your status as director.Can't you make a partner/family member director during bankrupcy...in some cases you can be disharged after 2 years.Please please don't go into an IVA thinking it is an easier option it isn't? From someone who has been there.

are you being persued by HIS creditors? Do a CCA [consumer credit agreement] request on each one.If they fail to provide I don't think these debts can be enforced on you if it goes to court.Might even be worth sending one to next aswell....same applies...no agreement....they can't enforce the debt.

in my case when the iva failed the practioner contacted the creditors.if your debt was only to next.the practitioner will contact each creditor informing them the iva has failed.Its now up to them to take you to court,if your indebtedness is ONLY with next.then contact next explain what has happened & try to resolve the matter with them directly.if you didn't have credit agreements with the other creditors [included in the iva] I don't think they can enforce the debt if it goes to court.

you need to contact the insolvency practitioner.When the iva was set up ,you employed them to act on your behalf .when was the iva set up? how much was paid into the iva?ask them to send you a detailed account.. how much has been paid in? who have they paid & how much. Before you can do anything you need this info.I'm sorry but I'm sure you already know this but you should never have entered into this agreement.I am only too well aware this ,the iva option seems an easy one to resolve debts.....but from my own experience the insolvency practioner is only helpfull when you are paying them.once you stop they'll ditch you.Don't let them.