Hi Ceedy,

 

You are going down the correct route with the CCA request. They will probarbly send you a letter back saying that not covered under cca regs , if they do come back and let us know.

 

Ida x

Thanks for the replies, I have been reading a lot about the CCA and Overdrafts in this forum and others that say the CCA covers certain areas with regards to OD's.

But My head almost bursting with info and bascally getting quite discombooberated !!!,

well my old swede is spinning anyway !!.

Anyone got any comments on this thread !!

http://www.consumeractiongroup.co.uk/forum/general/94575-cca-overdrafts-final-word.html

take care all

C

Been in touch with the IP & they are off to sort out the creditors ?? hopefully.. I 've phoned the two worst offenders who were happy to talk to me ( dad) to start with ( probably hoping I was about to cough up )..

But then tried to hide behind the Data protection act when I started bol**cking them . But politley(ish) told them of the IVA , which they denied knowledge of !. and then I told them to politely P*ss off .. we'll see if theres any change.

Also re told the IP the Changes in circumstances.. we told them all this some while ago.

They have asked to speak to us again , as I think they now realise the sums just don't add up anymore since the partner left .

Her current SOA ( based on the IVA levels already agreed, but adjusted downward to fit the one less in the family and loss of his salary ) leaves a disposable of £31.. and then trying to pay the IVA (£212) out of this !!! .. tricky..

to be continued..

C.

Hi to all,

I've reading a lot of older threads about whether Bank OD's are covered by Parts of the CCA.

On behalf of my daughter I will be making a CCA request in the next few days. ( might try the symapthy/write it off letter route first , as She's got negliable disposable income at the moment).

Will also do the reclaim charges as well

But the back ground is : She had a joint account ( £100 OD limit) with her ex partner for while, and his salary went in and everyday expenses came out. Then they had a breakup ( Physical abuse, police involved, him arrested etc.._).

He's not been seen since, he stopped his imminent salary going in, and my daughter froze the account. No info . letters or anything were rec'd from NWest about any of this. with all the grief she just opened another account in another bank, got a job a got on with life. About 8 months after the bust up she got a letter from NW saying she had a Large OD and needs to pay it off ?..

It seems her ex partner had been going online at work ( b4 the break up) and had been increasing the OD limit without telling her, and at no time were any confimations of this activity ever sent to her.

Because he's whereabout are not known ,despite us giving NW a clue or 2, they expect my daughter to pay it all off and won't even say if they are pursuing him at all .

We have lots of differing advice from NW, people , the last one being, stop paying off the small amounts she could afford, let it all default and then try to negotiate a lower single payment..

I feel NW have been uttlerly lax in ..

1. not ever indicating there was ever an OD at the freezing point.

2 Upping the overdraft without notification

3. adding charges without ever telling there was an OD

4. adding charges when their own DD they setup for her failed

5. adding charges when she manually made payment to NW but it never got passed on.

6 . Every time we visited we saw different people who each d their way of "not sorting it out ".

Shes been terrribly worried as her ex left her with massive debts which are in a IVA and this all surfaced months after.. as having any Xtra debts outside the IVA could cause it to be in breach, and shes back to square one and deeper in the mire..

Any comments/advice here would be greatly rec'd .

C

starting new angle ! ???

Well we've been to the NW many time to try and make some headway,

With a frozen account the intitial DD they set up , it failed ,snotty letter from birmingham and shes been stung with another fee because of this.. visited a few more times to manually make a payments the local NW used a " backdoor " to make the payments thro' the "frozen account".. failed again.. more charges.. back again, saw manager, complained she( the manager) contacted the other Nw team in Birmingham and it was promised these fees would be repaid..

Yet to been seen!.

Every time we've visited we've seen a different person , minimal note notes each time, and we get different advice each time. the penultimate visit/advice was to not pay any more. let the system default and wait til debt recovery make contact then, negotiate a lower payment ???.

last visit new person .. and told best to pay it all off !!! arggh!!!!.

My bottom line is really its not her debt all due to the extpartner .. so chase him!! 2nd choice is ok, its a joint account so she could be liable for half of it . or 3rdly I offer a to agree a payment for her of a percentage to clear it all .. 4thly just declare bankruptcy.. bearing in mind that with this being an ( unknown at the time debt ) outside of the current IVA its could be classed as in breach of the iva rules, and she could be forced bankrupt ??.. she been relunctant to tell the IP for this reason.

Q. re b'ruptcy... if the IP is told all this and decides the IVA has failed , he could make my daughter b'rupt ?? is this correct..

Q. if so he is liable for the fee's ???

Q.. Or should just tell the IP she wants to go that way and pay for the b'rupt fee's herself ( well me probably).

hope this makes sense. but i expect to be quizzed on it ??

happy reading

C.

I think what you are driving at Ceedy with the comments about your daughter being forced into the IVA by her partner is the fact that a Contract can be declared void under contract law if it is entered into under 'duress'. Now the issue you have with that of course is that it depends what constitutes 'duress' and also if this can be proved.

 

I agree with the posters above though that something sounds really fishy about all of this as no creditor should be contactuing her if she is in an IVA.

 

I think you need to start putting all of this in writing to the IP and ask for a copy of everything they have on file in relation to your daughter under the Data Protection Act. Once you are armed with the facts you should be in a position to decide the next step.

 

And yes love is blind - unfortunately its also often deaf, dumb and reckless. I have family members of my own who have fallen foul of this sort of thing. Tell you daughter to keep her chin up and hopefully once bitten twice shy and all that.

Hi, Thanks for the reply, I know what you mean, it all sounded a straw to clutch when the CAB suggested it , but proving the duress is another matter, there is some medical history and the police reports but they only add a bit of support to the accusations.

We not found anyone who can help with any legal adive on the subject as Shes just outside the limits by a few pounds for legal aid and that seems to only be avialable for family matters.. She cannot afford the £200 hr quoted locally to get any advice on whether this is even got any chance of succeeding in law or who you would be acting against or how you even start. You feel so isolated .

She's been bottling it all up for months, as she's been given duff info by others, (like this rubbish) !! i.e defaulting on the IVA could cause her to be put in jail !!?? .

And the other NW overdraft problem turning up 10 months after the IVA then in theory puts her in breach of the IVA rules and could cause her to be forced into bankruptcy.

( which I suppose is now higher up the choices list than it was few weeks ago )

Nb . one of the biggest probs we seem to have is the lack of continuity, even time we visit anywhere for advice we alway see someone different and they all have a different view on the way to go .. so we we rarely get any progress in any particular direction direction.

As for the letters we have another visit booked next week with a CAB office and then will make complaints to the IP about these harrasing letters/calls etc.

Its even getting me down a bit and its not even my problem.

Thanks for the support.

C.

Hi ceedy,

 

 

Where is your thread?

 

Can you post a link?

 

 

Cheers, Jeff.

yer tis

http://consumeractiongroup.co.uk/forum/debt-collection-industry/93189-bryan-carter-still-exist.html

I wasn't allowed to post a link b4 as being a newbie with lesss tha 5 posts links not allowed.. but up to the big 7 now

take care

C.

Best to transfer this message to a new thread I think.

This one's grown too many whiskers...

Already done it !!! ;-)

thanks

C.

Well, an IVA halts enforcement action so I would get on to the IP and initiate a complaint.

 

Something really does not ring true, are the payments being made.

 

Have you paperwork regarding to the creditor's meeting etc?

---------------------------------------------

No payments have been missed to -date..

I have a copy of lots of stuff , all the letters the IVA , and the original minutes of the meeting where all the creditors , who didn't actually turn up but all gave their votes to the chairman , so all the votes were by proxy..

As said before its all been running along since June 07 actually ( i thought it was july) despite the letters and persistant Phones calls.

All the letters have been from a couple of companies (their agents ) and those companies are on the IVA agreement.

One lot being Bryan Carter & Co.. arrghh!!! lots of posts on this gang on this forum.. inc ME.

take care

C.

Hi to all , looks like my post about this gang of Tw*ts in another thread might fit better in here..

wanted to put a link in but i'm just tooo new!!!!!

so afraid its a CUT n Paste jobeeee....

------------------------------------- start-------------------

Been trawling thro' this long running thread with great interest..

But for info..

My daughter has just had 3 threatening letters in last 3 months.

chronlogically .

1 early July..Bryan Carter & Co ( Solicitors) this one bumps up the costs.. inc Court fees, interest etc..

2 ..late July from Fredrickson International.( letter states Debt collection services) original debt quoted.

3... This Week Bryan Carter & Co, ( Solicitors) back to original debt amount ?...

And threatening court action next week .

Both of the BC ones are on Bryan carter headed Paper @ the De havilland Drive Weybridge address.

Signed by BC,, although they look like its all printed as One , inc the signature.

But in differing formats and have different style of BC signatures.

And all this Despite there being an IVA in Place since june 2007 covering all the debts. ???

---------------------------end----------------------------

take care all..

C.

FREDRICKSON INTERNATIONAL LIMTED ( DEBT COLLECTIONS SERVICES ARE USEING BRYAN CARTER

A Newbie here ..

Been trawling thro' this long running thread with great interest..

But for info..

My daughter has just had 3 threatening letters in last 3 months.

chronlogically .

1 early July..Bryan Carter & Co ( Solicitors) this one bumps up the costs.. inc Court fees, interest etc..

2 ..late July from Fredrickson International.( letter states Debt collection services) original debt quoted.

3... This Week Bryan Carter & Co, ( Solicitors) back to original debt amount ?...

And threatening court action next week .

Both of the BC ones are on Bryan carter headed Paper @ the De havilland Drive Weybridge address.

Signed by BC,, although they look like its all printed as One , inc the signature.

But in differing formats and have different style of BC signatures.

And all this Despite there being an IVA in Place since june 2007 covering all the debts. ???

C.....

Are you sure she is under an IVA and not a Debt Management Plan (This is REALLY REALLY important)

Yes definately ... with a gang who go by the name of Blair Endersby..

its been running since june 2007 and shes not missed a payment so far.

Just had another letter yesterday .. from a solicitors ( on behalf of Mint) . threatening court action next week .

C.

Hi To all a Newbie to the Forum here after some advice/help/assistance or. Whatever?

And please excuse if its not in the appropriate section?

I’m writing this on behalf of my daughter as being older, greyer, more bolshie’s and somewhat wiser, I can most likely put it all to paper in a comprehensible fashion, maybe!!

My daughter a single mum. And had perfect credit record just before getting into a relationship with a person (being as polite as I can here), who unknowing to anyone came into the relationship with a zero credit rating and a stack of debts.

All the rest of the family were a bit suspicious of him, but love is blind etc and any concerns mentioned were the cause of much friction in the family.

Then his previous 3 kids were taken back from his ex partner so my daughter suddenly had her own and 3 other unruly under 5’s to look after. Hell on Earth!!!

The partner did not do a lot of work initially and with only a part time job, convinced my daughter to get credit cards and a loan, to “tide them over” with everyday expenses. You know the sort of thing; pay off one card with another etc

My daughter ended up having prescribed medication to help with depression and unknown to the rest of the family the relationship had many instances of unreported physical abuse.

During this period to supposedly help with the debts the partner took out an IVA in my daughter's name got her to sign it and during any phone calls was always standing by prompting what to say as my daughter was fairly financially naive.

But was given the assurance that all the IVA costs would be met by the partner with his new higher paid job.

The relationship ended some months after, just after the 3 other kids were returned to their mother after some more hassle and legal wrangling, and even further cost for solicitors

One evening the Police were called to the home,

The partner ran off and was sought for assault, eventually being arrested at his works and given a police caution. He’s not made been back or made any attempt to make any payments since. He's even extended and run up an overdraft on their joint account, (took NWest 9 months to tell anyone about this !!) so she's in line for this to !!

So she is now just getting over it all is off medication. And paying over 200 pounds per month (around ¼ of here salary) to the IVA IP.

The IP is chasing her for more money which she can ill afford; she is being harassed all the time by Phone, Text messages and letters from Creditors or their agents despite the IVA being agreed by all the creditors

I have seen words that imply if an IVA or any credit agreement is either forced on a person or a person coerced into a credit agreement then It is quite possible that its not enforceable , but I have great difficulty in getting advice if this is applicable to my daughter situation.

Can anyone offer any light/ suggestions on any of this at all?

Sorry, this about as short as I can write it all in!!Here’s hoping you read this far!

C