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    • Feeling tempted to cancel it now but scared that some of the debts will do more Ccj 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 - so effectivly if I'd have not took out the iva I 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years so 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 misold 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 account Lowel 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 creitt file I'd be happy   
    • 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 
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Please help me-Long posting re: Welcome Finance Loan Agreement


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The first loan (I singed on 18th May 2007) This included insurance which brought the £11,000 loan up to £12,446.44. (NB - Welcome didn't supply this agreement as part of the SAR , i have posted up my own record copy)

 

After recieving the £11,000 cheque I cancelled the insurance.

 

Welcome said that they would 're-do' the agreement. This agreement was included in the SAR (£11,000, no insurance listed) This was done and signed by me on the 14th June 2007.

 

 

Fast forward to September 2008, they out of the blue ring me and offer me a "top up loan" as a valued customer. Stupidly I took up their offer and topped up my loan, so this cleared the £11,000 loan and gave me a new loan amount of £16347.91

 

This last agreement document was signed by me on the 24th Septemeber and then they signed it on the 28th september.... I genuinly cannot recall a cooling off period.

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I *think* I signed the last agreement by post... I was due to go into branch but couldn't get the time off work, they tried to rearrange me to go in, but still couldnt get time off, so in the end they sent it by post and I had to 'drop it through their letterbox when i signed where they asked.

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Oh crikey - I think I am even more confused!!!

 

Am i reading this right way... basically because the final loan was signed by me on the 24th September and by Welcome on the 28th September, I wasn't given the right of cancellation???

 

Does the above apply regardless of whether the docs were signed in branch or by post? I am sure I signed them at home but how do I prove this was the case?

 

Sorry if I am being thick!! (more than likely!)

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Hi Postggj,

 

Yes - i guess you are right, the dates on the agreement are signed by Welcome 4 days after my signature!

 

Would that still be an issue if it was signed in the office?

 

From what I recall, I got the cheque 4/5 days after dropping off the paperwork (They made me go into the branch and physically collect the cheque - does that make any difference?)

 

Is there also any argument over the fact that the SAR didn't produce a copy of the very first agreement (the one for £12,464)... surely they should still produce a copy of this even though I cancelled the insurance,???

 

What is the end result here with all the above in mind... where do I stand and how do i prove it?

 

I am really worried they are going to create mayhem with my credit reports ( I get credit checked as part of my work each year, hence concerned!)

 

What would you recommend is my next step? is there a letter I can use for my circumstances?

 

 

Massive thanks for all your help Post, really is appreciated! :-)

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OK - just got off the phone from my bank. They cannot tell me the date the cheque cleared in my account, but it looks like I paid the cheque into my account over the counter on the 1st October 2007.

 

I can ring back on Monday to get when it cleared in my account if you want??? (the department that deals with archived info isn't open at weekends)

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If I recall correctly, I got a phonecall telling the that the manager had signed the cheque and that it was ready to collect. I went that evening jsut before they closed and collected it. I would have banked it straight away, so probably the next day.

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I have noticed that on one of the secured loan statements that they gave me via SAR (by the way, not sent any prior to the SAR!) that it is itemised "28/09/07 - TRANSFER - CREDIT £11347.91"

I presume that is the internal transfer they did to clear the old loan....

 

 

That would tie in, as the 28/09/07 was a Friday. The 1st October was a Monday, and that is when barclays say i paid in the cheque over the counter....

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I have been looking at this more closely today, from their own paperwork (statmements) it looks like they did an internal transfer to clear the previous account and also issued the remainder to me (ie cheque)

 

Postggj- is there a standard letter I need to send them?? They are no longer considering the account in dispute, and obviously I still think its fishy!!!

 

Are they likely to put markers on my credit files? ( i am not currently paying them.)

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Yes

You Need To Send Another Letter To Keep It In Dispute

 

Leave This With Me For A Few Hours

 

JUST REPOST THIS

 

DATE YOU SIGNED AGREEMENT

DATE YOU RETURNED AGREEMENT

DATE WELCOME SIGNED AGREEMENT

DATE YOU GOT THE CHEQUE

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Cheers Postggj :-)

 

Here is the info you asked for:

 

Date i signed the agreement - 24th September 07

 

Date i returned the agreement - 25th September 07 (I took it back to them and put it thru letter box as office closed)

 

Date Welcome signed agreement - 28th September 07

 

Date cheque collected - last thing on 28th September 07 (banked cheque the next business day which was the following monday - 1st oct)

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