Thanks for the comments. I have already suggested to her that she make the last two payments at the usual time (when they debit her card) and only thrn to both cancel their authorisation by writing to them but also advising her bank . I am already aware from seeing other posts on this site that sometimes it is necessary to be very clear with the bank about cancelling a particular CPA. Thanks everyone for your help. I will put any updates on here.

There has been a couple of events as follows: My Sister in Law had sent an email requesting a copy of the agreement, an indication of where in the agreement there were terms indicating it would fail and an insistence that future communications would be by written means only. This may have rattled them or not but the following letter was received: A virtual meeting of the creditors was convened for 2nd April to consider a variation to your IVA. The variation meeting has been withdrawn and the IVA will continue as per the original proposal. Should you have any queries......etc. And then the following: You may recall speaking to my colleague last week about the meeting we held with your creditors. This meeting has now been withdrawn, however to prevent the IVA from failing we do need to resolve the issue with the property. When the IVA was accepted, the property wasn't included - however creditors added a modification to your proposal to ensure that they obtained some monies as you have an equitable interest. As you have agreed to the modification (verbally and then electronically signed - see attached) - the arrangement was confirmed. There are 2 months left of your original IVA, but it will not be able to complete unless an agreement is made with your creditors. I note from your the call that your husband advised that no further monies were to be forthcoming. When we last reviewed your case in November 2023 - the information we received demonstrated that the payments to the IVA were affordable. I have attached the workings used for your payments, and would like to invite you to update anything that you feel has changed. Please note, that I am unable to change anything without evidence, therefore I would require the last 3 months of bank statements along with your tax return to show proof of earnings. Where possible, we can then look to approach creditors with another offer. I have advised her to do nothing. I am no expert at IVA's but I get the sense they are thrashing around trying to get something out of it. What do they mean by the phrase "will not be able to complete" (which they underlined in their correspondence)? The current plan remains which is to make the last two payments of the original five years and then not pay any more. I am suggesting that after she had made the last payment she notify them in writing that she will not be paying any more and withdrawing authorisation for them to debit her bank card also suggesting she advise her bank to stop any future payments to them.

Thanks for the various replies. She is currently paying £100 per month. Last week they contacted her again and said that if she did not agree to the one year extension by Tuesday April 2nd then the IVA might fail. She was a little alarmed by this. I asked her how it was possible for it to fail on Tuesday if the payments were up to date and the initial term of five years still had two months to go . I told her they were putting unfair pressure on her. I have advised her to write to them asking for a copy of the original agreement and to ask which part of the agreement allowed them to add a year and why it would fail on Tuesday in particiular if she did not agree to an extension. I also told her to tell them that future communications had to be in writing. (I bet they would not have said it would fail in writing!). Further to an above question her creditors are as follows: PRA Group £12912 PRA Tesco Bank: £6732 LC assett: £5365 PRA Tesco Bank £3022 Paypal Credit: £922

Forest King insolvency Ltd. Waiting to get the names of the creditors but it will be people like Lowell, debt buyers, and the original creditors will be credit cards like Tesco bank, HSBC, Lloyds etc.

My sister in law took out an IVA almost five years ago and it now has about three months left to run. My SIL has forwarded an email she received from the Insolvency practioner which says (in part): ...following the Variation meeting to remove the obligation to look into releasing equity I understand that you are unable to approach your husband regarding the property, so they are happy to remove the obligation however they want an additional 12 months contributions to compensate creditors therefore the IVA will run for a further twelve months. They are seeking her agreement to this. As I understand it whilst they are married the house is only in my brother's name as he had it prior to the marriage (20 plus years go) the debts are card debts that she has in her name. It would seem the IVA is trying to get a charging order on the house and not succeeding because my brother wont have it. I am not knowledgeable regarding IVA's so would welcome any advice here but can she refuse to go another year? I suspect some fleacing attempt is going on here by the IVA practioner. I am tempted to advise (and assist) that she asks for copies of the original agreements and if , as seems usual, they cannot supply those documents then the debts are unenforceable and she could stop paying anyway. any thoughts gratefully received.

OK Uncle, thanks for the advice, that is my next move I guess. Will update the thread with the outcome.

@Bazooka Boo I defaulted because my business ran into lean times. I was in contact with them and made some minimum payments, mainly to try and maintain my credit record but stopped when I found out that they had trashed it anyway. Something had to give so I stopped paying them at that point.

@Bazooka Boo thanks for joining. After getting the LBA I received a document print out from Overdales consisting of the agreement and default notice as shown in my upload plus around 30 printouts of the monthly statements beginning with when the card was taken out to when it defaulted. I have not scanned them as I did not think they contained anything useful but can if the group thinks it worthwhile, but probably about 200 pages and a lot of redacting to do. Apart from the above there was nothing else sent. @unclebulgaria67, thanks for input. Yes, I received goodbye and hello letters. Overdales have not provided them in the bundle nor any other proof of the sale. The credit agreement is made out in my name and the box is ticked. How do they, or a judge, know it was me that ticked it?

Guess the money is owed. Is this defensible if I get a claim form? Why would I not get a claim form now we have got this far? What scope is there to defend it?

Uploaded the full credit agreement though I only needed to redact the first page. Also the default notice which is two pages, only had to redact the first page. I have not uploaded any of the card statements due to the shear volume but I would say they are a full history of the transactions from start to finish. 118 claims they do not apply any default charges but I will have a look through to see if I can spot anything. 240206 118 Agreement and Default edited for CAG.pdf

Hello all, Had a 118 credit card. Stopped paying around November 2021 and received a default notice dated 10th December 2021 so have gone into default as of around 24th December 2021 with a value of £752. Account purchased by Lowell and subsequent communications ignored until a LBA weas received from Overdales. I used the Ministry of Justice reply form not the Overdales supplied one and sent a request using wording as advised by CAG. I have finally received a reply back dated 30th January 2024 from Overdales providing a statement which comprises the numerous monthly bills relating to the account, a default Notice and a Credit Agreement. The Credit agreeement is made out in my name and shows a tick box with a tick in it, no signature from me which I never provided in the first place. There is no IP address provided. There are no hello and goodbye letters provided (though I have them from when they were originally sent) so as of now they have not provided evidence they have bought the debt. The balance of the Overdales letter asks me to provide further evidence if I wish to "support my dispute" and goes on to say they "May" go on to Issue a CC claim. At this point I guess I have two options, ignore or reply. Would be grateful for advice on the next steps if any. Many thanks.

Plenty of other adverse reports so this one is not making any material difference, it was just the way it was being shown. The tick and cross system gives the impression that a payment is being missed every month. I note the comment about not being offered a payment plan again and the phrase blood out of a stone springs to mind.. Thanks for the replies.

No not paid it. They will have to wait until I have paid rent, council tax, food, electricity, fuel, car tax. They are not high up on the priority list just now.

They called me about a week ago and I said I had no money and couldnt pay them. They said they would get back to me 19th February but would still report it to the CRA's. My question is really about the presentation of this data. I have missed one payment but no others are due. They are making it look as though I am missing a payment every month!

Hello all Minor thing here but wondering what CAG members think... I paid my water bill throughout 2023 from April to October seven out of eight payments with one remaining for November which I have not so far paid. ST water duly recorded the non payment with Transunion/KreditKama as follows: October: a tick mark November: -- indicating no data December x indicating a missed payment. OK not happy but fair enough. But January I have got a x again but no more payments are due. At first glance this would seem unfair as I have only failed to pay once, the last payment for the year due in November and nothing more is due till April apart from my current arrears of £34. Can that be right that they can continue to record the one missed payment month after month? Not troubling me greatly but would be interested to see opinions on how this data is presented.

My personal default position is to ignore as much as possible. They know, or ought to know, that they have not complied, no need to tell them. Let them do all the hard work. Just keep copies of everything in a file in date order, one file for each account.

Hello Looks on the face of it that PRA Group has not yet complied with the CCA request so you do not need to do anything further in my humble opinion. They might continue to correspond but have failed to comply until they...well...comply so can be ignored. It is looking very promising as if they could send you the original agreement they would have, what they have sent you is a waste of paper in the hope you will think they have complied. If it goes as far as a letter before action then that would be something you would have to respond to. Hope others on this thread will confirm that I am correct. Following with interest.

Woowee, what a roller coaster! Congratulations on your walk through the lions den. Also, for your gutsy stand-up given the trepidation you felt before. You must now justifiably feel much more confident of yourself. Also, well done on such a great and detailed description of the event. Your note taking or memory are first class. I would not worry about any white lies. The claimant had no concern about their many dodgy actions. Well done...again!

Fantastic,was not going to have a drink tonight.....but now I will!

Might be wise to check with the Court but does not seem to be sinister, just a mistake. PS following with interest, keep going, seems to me you are doing all right!

Is the time of the Hearing they mention later than the time scheduled by the Court?

Now that the Default notices are starting to arrive get a spreadsheet started. Start to record dates and events. You can calculate the Statutory bar date and the yearly anniversaries. gives you something to aim for. by 2029 you will be free! (Comes quickly enough!).

That is an excellent link andyorch, much more up to date than my experience. Looks like the OP needs to respond in some way. I am no expert but based on your link I would say an S78 is a good start. I also wonder how an overseas debt can be enforced in a UK Court. Wouldn't the original agreement be subject to the Laws of the Country in which it operated? I am following as I am interested in learning more about this stuff.

Around about fifteen years ago 1st Credit was very busy sending out Statutory Demands. This is potentially serious as you only have a limited time to reply (about eighteen days I think). If you do not respond before that time has elapsed the creditor can then move to make you bankrupt. But..... 1st Credit sent their SD's out second class post with no proof of service. It costs nothing to print out an SD form and send it. However, the Ministry of Justice took a dim view of 1st Credit using Court documents as a debt collection tactic. The reason was that if you are serious about issuing an SD then you would normally be expected to have it served in person. 1st Credit had no intention of paying around £700 per Creditor to start proceedings which, if successful would cost them more in Court fees and result in the Creditors assets being passed to a receiver who would (eventually) share them out at pennies in the pound to ALL creditors. First ask yourself if this is a serious threat. How did it arrive? Was it normal post, recorded delivery, signed for or a personal service? I ignored all the SD's I got from 1st Credit as I had no assets to protect. However, you have a house and it is possible the Creditor has researched you and identified you may have assets. So second, evaluate what the risk is of the Creditor moving to an Application for Bankruptcy. I question who IDR is and if they actually own the debt, and if they do not then are they in a position to actually progress an Application for Bankruptcy. I write the above not because I have any specific ideas of what to do next but to give other CAGers some further food for thought. Having said that I think it important to understand if IDR can start proceedings and if so the SD should be responded to avoid a Court asking the awkward question of why it was not answered when or if the case does come up for a Hearing.

Happened to me twice. If they think you are dodgy for any reason they will report you to the national crime agency and suspend your account and refuse to speak with you until the NCA advise that they are not interested. Either of those accounts, or both would be good.