DFD are a debt management company. They will have reserved some money from my payments to pay for BR should I fail the IVA. I have no assets true but don't want my name in the papers or my landlord finding out. It is a big step BR.

Hi everyone. My IVA of 5 years has failed and DFD are threatening to pettion for my BR as part of the original IVA agreement unless I come up with a remedy to clear arrears etc. I need to know is there anything I can do at such a late stage to come to a F/F settlement? I have no assets live in a shorthold assured tenancy. BR would give then pennies in the £. Also can I try get a pettion stopped?

Hi Slick

 

Thanks for you replies, and Artmo it's your right to have an opnion of me without even knowing me that's fine.

 

So I had ARC phone me last week chasing the debt, and I explained to them I had written a letter to Virgin's head office disputing my contract as I hadn't a copy on file. The gentleman I spoke to said he could get this organised for me and the next day I received a telephone call from a lady who works at my local gym, and she emailed me through a copy of a contract. I say a contract because it was the original contract I had signed with Esporta in November of 2008 tying me into a 12 min contract period and termination of 3 months notice. It does say shorter notice periods may be considered.

 

I had posted the letter to Virgin a few days earlier basically saying what you had suggested slick

 

I recently received an email from ****, Members Relations Assistant at *** please see emails below.

I have not had a reply to my email, but have received a request for payment from ARC and therefore I am contacting you directly. I would still like a copy of the contract I have signed.

I wrote to you on 24th May 2012 cancelling my membership.

 

The amount you are demanding from me (for 3 month's notice) is unfair to me as a consumer and this was made clear in the High Court ruling by Mr Justice Kitchin against Ashbourne Management Services Ltd in August 2011.

 

In his ruling, the judge suggested a month's fee was reasonable compensation for cancelling a gym contract, which tied a member to a contract for more than 12 month. Your new contract that I was told to sign in 2011 effectively tied me into a contract of 15 months when all I wanted to do was take the tennis option from my existing membership. I was not asked to sign a new contract when you took over the gym so why after some months was I forced into a new term when all I wanted to do was ammend my existing membership with you. I consider this unfair.

Accordingly, I am prepared to offer you one month's fee in full and final settlement of all monies due in respect of any agreement between. This offer is valid for 14 days only and, if you fail to accept my offer within that time, I will withdraw the offer and pay you nothing further.

 

On receipt of your agreement to my offer, I will arrange to pay the final amount to conclude all business between us.

 

In light of the fact I presume that they cannot produce to me a new contract that I had signed, and the recent high court ruling, do you think I should be ok with my offer then to pay them a months fee?

 

Thanks for all your assistance, really appreciated.

 

I will update the post in time to let everyone know the conclusion.

 

Thanks

 

Hi

I fully understand where you are at with this. Firstly ignore the rude comments from others regarding you not read the contract etc. TBH who does? ARC just keep off the telephone with them. keep all communication in writing. Dont be bullied by the debt company. Also ask them to stop calling you or you will report them to the OFT. Have you sorted this out yet or is it still going on? Howard

kamwendo

Ignore CFO's advice. Basically this company are breaching most OFT guidelines with unfair practice. I have had dealings with them and avoid their Resolve product at all costs. This simply is a tactic to get your new bank details to take money out. Offer them £5 a month they can not refuse this and let them add charges etc. The account will pass to an external DCA who will be more supportive to a decent repayment plan ON YOUR TERMS not theirs. Remember these companies are licensed by the OFT and the more complaints customers make will ensure they could loose their licence. I am in an IVA and they still lent me money. I am used to dealing with these people. The courts have no time for them either. Good luck. Mark

Here is the email from cfo lending.

 

Good Morning,

Thank you for your email.

I am sorry to hear of your financial difficulties and have updated your account accordingly. Looking at your account I can see you were due to repay your loan today and an agreement was made to pay the full amount back. On the 9th of July 2012 you completed an affordability check with us stating your total outgoings were £350 and you confirmed there you were not aware of any impending disability, unemployment or change of circumstance that would affect your ability to repay this loan.

Unfortunately we are unable to accept a payment plan as our loans are only short term and we have no legal obligation to accept a payment plan. If you are able to pay the minimum of your interest we can defer your loan until your next pay day and this will prevent your loan from defaulting.

If you are unable to make this minimum payment we would have to advise you that your account will default and additional charges will be incurred as per your contract. You can make token payments towards your loan and your balance will still be reduced however your account will not be on hold. If your account defaults our collections procedures will also begin and we can contact you via phone, email, text or post as stipulated in your contract.

I would advise you to keep in contact with us and advise us as soon as your situation improves or you are able to make increased payments. To discuss your account further you can contact one of our collections agents on 020 8166 1472.

Kind Regards,

Lauren

CFO Collections Team

Thanks it is a burton card and is not statute barred as it is from 18 months ago. I have not asked them for the cca though. Do you know much about these people? I am very astute with DCA ets but not had dealings with these. I will write to them with my offer and give them my IVA Ref number to confirm my IVA is current.

I am being pursued for a debt £348 a burton card. I am in a IVA and this debt was not included in IVA. I have offered £10 a month when lewis called me and they said they need a I/E form to be filled in. This I refused and said if they are refusing my payment then take me to court. I have now recieved a letter (5 days later) from Howard Cohen threatenning legal action etc usual crap. Has any one had dealings with these? I am happy to pay £10 a month.