Debt's /IVA's ...Help please if you can read it all '-)

[ceedy]

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

[Hopeful1]

Hi Ceedy

 

Unfortunately i can't offer any help with this situation.

 

Hopefully someone else will come along. If they don't, click the red triangle and you can send a message to the site team.

 

In the meantime, have you contacted the National Debtline? They give free advice and should be able to explain the legalities of the IVA and the action the IP is able to take.

 

Here's the link:

 

National Debtline England & Wales | Debt Advice

[sequenci]

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

[ceedy]

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.

Edited August 7, 2008 by ceedy
Would be good if I got the facts straight ?????

[sequenci]

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?

[ceedy]

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.

[Ellie May]

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.

[ceedy]

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.

[ceedy]

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.

Edited August 12, 2008 by ceedy
duff speeling

[ceedy]

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.

Edited August 15, 2008 by ceedy

[Hopeful1]

Ceedy, your daughter is very lucky to have your support.

 

I hope you continue to make headway with this. I shall look out for your update.

 

Best wishes

[ceedy]

Hi t o alll,

 

Currently involved with the IP to sort out the major changes in income,

All pretty borderline to negative disposable at the moment and in 6 months

the working TC's will reduce by close to 200 pounds, so the whole IVa will go down the swanny and the Big B looks the only option,

 

NB on the creditor front despite reporting the Wonkers to the IP.. sorry for the duff speelling..

and phoning them myself , today we received a letter saying court action had been started and we also got a docs from N'hampton County Court.

What are these tw*ts on.. No court action is going to succeed while in the IVA..

I'd larf if I wasn't so mad ..

really want to report Bryan Carter & Co to someone..

 

feel free to comment

 

take care all

 

C.

[Hopeful1]

Hi t o alll,

 

Currently involved with the IP to sort out the major changes in income,

All pretty borderline to negative disposable at the moment and in 6 months

the working TC's will reduce by close to 200 pounds, so the whole IVa will go down the swanny and the Big B looks the only option,

 

NB on the creditor front despite reporting the Wonkers to the IP.. sorry for the duff speelling..

and phoning them myself , today we received a letter saying court action had been started and we also got a docs from N'hampton County Court.

What are these tw*ts on.. No court action is going to succeed while in the IVA..

I'd larf if I wasn't so mad ..

really want to report Bryan Carter & Co to someone..

 

feel free to comment

 

take care all

 

C.

 

That's disgraceful! Go through this site to make a complaint about solicitors. I am not surprised you are angry.

[ceedy]

That's disgraceful! Go through this site to make a complaint about solicitors. I am not surprised you are angry.

 

 

Latest..

 

HAve been told by the IP the court action fiasco has been sorted out .

But will monitor it closley , because as of today the Court claim has not yet been cancelled..

 

Worst case is we turn up submit the defence if here's my IVA, and get paid some expenses for a day out. !

 

Plus today another creditor ( from the IVA agreement) had started sending letters .. argh!!!

 

take care all

Edited August 27, 2008 by ceedy

[ceedy]

Latest..

 

HAve been told by the IP the court action fiasco has been sorted out .

But will monitor it closley , because as of today the Court claim has not yet been cancelled..

 

Worst case is we turn up submit the defence if here's my IVA, and get paid some expenses for a day out. !

 

Plus today another creditor ( from the IVA agreement) had started sending letters .. argh!!!

 

take care all

 

Latest ...

 

these legal tozers... have been contaced by the IP and sent documentary proof of the IVa, , eg chairmans reports etc., and today the I checked with court and........... and ......................and ...................

the claim is still active.

So just writing out a defence statement to stick up them .

 

wot a load of ?:*&&%£$ !!!

 

C.

 

PS. Just been re-agreeing a new statement of affairs with the IP and

the Payment has dropped to under 200 pounds now..

and the IP has tentativley agreed that it will probably all go to the wall in a few monthas when the Working tax credit drops by 150 pounds and the payment option hits about 50 pounds.. So could be the big BR is approaching, and it may well be funded by the IP .. we will see.?

[ceedy]

Latest ...

 

these legal tozers... have been contaced by the IP and sent documentary proof of the IVa, , eg chairmans reports etc., and today the I checked with court and........... and ......................and ...................

the claim is still active.

So just writing out a defence statement to stick up them .

 

wot a load of ?:*&&%£$ !!!

 

C.

 

PS. Just been re-agreeing a new statement of affairs with the IP and

the Payment has dropped to under 200 pounds now..

and the IP has tentativley agreed that it will probably all go to the wall in a few monthas when the Working tax credit drops by 150 pounds and the payment option hits about 50 pounds.. So could be the big BR is approaching, and it may well be funded by the IP .. we will see.?

 

 

Well 1 day before the defence statement has to be in .. and despite mutltiple phone calls from the IP to the solicitors, them having a copy of the IVA chairmans reports sent etc. and 2 assurances to the IP that the action has been halted.. it still active.. what a load of lying.. oooh! words fail me, or rather I shouldn't type them here.

 

defence now submitted anyway just in case they are waiting for it before backing off ??

we will see ...

[palomino]

Make sure your defence is in - fax it if necessary.

Also make sure you counter-claim costs for assembling your defence and ask for exemplary costs at the court's discretion against BC for making a frivolous/vexatious claim.

[ceedy]

Make sure your defence is in - fax it if necessary.

Also make sure you counter-claim costs for assembling your defence and ask for exemplary costs at the court's discretion against BC for making a frivolous/vexatious claim.

 

 

Update..

 

As of 12 today the claim is still active, counter claim in and confirmed its receipt with the NCC.

Got the IP to ring the tozers again while I was on hold ..

and the tozers .. said they had not rec'd any paper work ( chairmans report etc).. when reminded that they had already admitted receipt of the paper last week, it all changed to well we have all ready contacted the court etc etc ..

Wot a load of utter liars .. well I just hope now it actually makes it to court as the NCC have told me after they rec'd a copy of the IVA chairmans report that the claim will be thrown out anyway .

So will leave this one on hold and get on with sorting out the other problem creditor harrasments.

 

watch this space .

 

C.

[Hopeful1]

Wot a load of utter liars .. well I just hope now it actually makes it to court as the NCC have told me after they rec'd a copy of the IVA chairmans report that the claim will be thrown out anyway .

So will leave this one on hold and get on with sorting out the other problem creditor harrasments.

 

watch this space .

 

C.

 

Well done, Ceedy for sticking at this. I'm full of admiration as it's obviously taking up a lot of your time, but the results are starting to show.

 

Good luck with your next challenges

[ceedy]

Update..

 

Another gang of shysters have crawled out !!

 

Just had a letter from a Debt recovery agency, which I've found out is part of HSBC, who wrote .. ref HBSC debt blah blah! we will be calling you on the 2-sept 8am til 9pm..

 

pity the letter arrived on the 10th Sept !! tossers!

 

This is refence an small HSBC debt , again included in the IVA.

 

Just sending a we are in an IVA now p?ss off letter.

 

 

take care all ,,

 

 

C.

[ceedy]

Hi to all ,

 

Its been quiet for some time, since the court case got dropped.

Seen off a couple of similar attacks from debt recovery .solicitors

 

But now back with a question.

 

The IVA has recently been adjusted for a changes in Income..

 

My daughter has a new boyfriend ( one we all get on with !!!)

So .

 

Q.. If he was to move in ?? what happens to all the IVA/ finances.

 

She will lose the 25% single parent council tax allowance and the tax credits will go down again. so this how will this affect the IVA if its still going on .

 

Would the new partner be expected to contibute to the IVA.. ??

 

Any other aspects I'm not aware of , any help here please ..

 

take care all

 

 

C.

Edited October 2, 2008 by ceedy

[palomino]

The IVA is nothing to do (legally) with the new partner.

 

However, should he move in then the other bits will go down as you describe leaving her with less money to pay the IVA. This may go down to less than she needs or may not.

Unless the new partner is exceedingly generous and is willing to make up any shortfall then I would recommend that he stays away. Even if he did make contributions then in the longer term this can lead to ill-feeling.

I know it's going to be difficult to explain all this to the parties directly involved but you must do so. And then leave it up to them to decide.

Parents have a responsibility to guide and advise however there is a point where children become adults and have to run their own lives. Best to let them get on with it.