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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Mums NatWest debt sold to DCA but they are all charges. Now court action threatened


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Any advice gratefully received, NatWest sold my pensioner mothers' debt to a DCA. It was originally for £1000 back in 2002, now the balance is £400 but the charges alone on the account amounted to £600 - so the debt they are chasing are their own charges.

The DCA is now threatening court proceedings starting Monday. Is there anything we can do? She is a pensioner and can't afford to pay and it does not seem fair. I'm pretty sure she has defaults in her name as a result now. Is there any way we can hold they payments while contesting the charges? Or through an informal arrangement?

Thanks for any response

Concerned daughter

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chellby21

 

was this for a current account with the bank ? and how was the balance being paid off ?

Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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Hey, thanks for the reply. It was a standard current account overdraft, and it was being repaid under an arrangement with the bank up to a couple of months ago. I believe there were long periods in the intervening years where no payments were made.

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You will need to send a SAR to the bank for all the statements and start about reclaiming the excessive charges and don't forget to add 8% compounded interest too... you can find a good calculator here...

 

Bank Charges: Reclaim them, they’re unlawful, includes free template letters ...

 

It may even turn out that your mum is owed more than she owes them !!!

 

Write a letter to the DCA, that the account is in dispute and that the bank owes you more than you owe them !!!

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chellby21

 

you sound quite precise with the figures, is that because you have all the bank statements ???? if so that will speed the process up, otherwise follow 42man's sound advice

Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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Thanks both of you. It’s a calculation my mum made, so will get the official statements from the bank. The charges started in August 2002 so we are just in time to demand 6 years back. Phew. Let's hope the case for charges goes in the consumers favour.

And thanks re advice to DCA, I was advised to make an informal arrangement but it seems better to get all activity frozen while in dispute?

Thanks again, I feel better prepared to help my mum properly now.

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chellby21

 

where the dca is concerned, dont EVER speak to them on the phone ! They may well turn up the threatomatic machine, but if youre at all worried, post up your query here and help wont be far away !

 

best of luck

Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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