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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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:confused:Hi Folks

,

 

Any quick comments on this one?

 

Entered into IVA since 2006, payment in order until default on payment in 2008 ; wrote to IVA supervisors to accept some agreed payment to creditors in default.

 

Insolvency company refuses and calls creditors meeting to discuss default notice. Notified that it has been agreed by creditors to share all payments ; furthermore all creditors notified that they can pursue me for original sum. Have been notified by one creditor that they wish to appoint a credit agency to collect debt.

 

What do I do and can somebody help with this tread ?

 

Knights Templar

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FAQ - What Happens If I Miss A Payment you have proved you are reliable for over 2 years,sounds unreasonable decision to me-can you appeal,have your case heard again.Tawnyowl,

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I take default to mean you missed 3 payments and the IVA company failed your arrangement. That's surprising since many of the creditors will only have had a small amount of money in those first few years. You have the options of starting a new IVA with a new company or entering into a debt management plan, or dealing with the debts yourself or of bankruptcy.

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I agree with GeorgeNash, if you have failed your IVA, your options would be either the debt management plan, bankruptcy or re-submitting your IVA proposals, and starting again. If you do not feel you can manage the payments proposed, you must let your supervisor/IP know so that they can review this early on, hold a meeting and prevent your IVA from failing. x

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Please help??

 

I had an IVA with Debt matters in 2007, who sold it to in 2008 to Grant Thornton as soon as the supervisors charges were received from myself (£1200!). I then seperated from my wife in february 2009 who was in the joint IVA with me and subsequently suffered severe depression and even attempted suicide as a result of financial presure. I was only receiving incapacity bennefit and wrote to Grant Thornton telling them that we had seperated and I felf the IVA was no longer viable and wrote directly to each of my creditors asking them to write off the debt due to my mental health and financial issues. None of my creditors replied to me and Grant Thornton simply waited 6 months then Wrote to me in september with a failure notice! I owe approximately £15,000 should I file for bankrupsy now or ?

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Hi

 

Yes, if you miss 3 or more payments and do not contact the supervisor to inform them that you are having difficulty in making the IVA payments, they can fail your arrangement, which is why it has been passed to a debt collection agency. You could enter into a DMP until you feel ready for an IVA again.

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:?:hi caggers,

have not being on thread for quite awhile now;received a letter from solicitors to pay outstaning debt which was failed by IVA supervisor; how do I respnd to letter as I am not in a position to pay debt; but could arrange or make arragement pay debt in instament. I assume ABBEY National now Santardar may have sold the debt to a second party. Iva based on multiple debts of which I wrote to Nat. West Bank with reasonable reasons which resulted in cancellation of Nat. West debt ; Abbey National seem to want to pursue the debt.

 

Any clear caggers with advice?

 

knights templar

Edited by knights templar
additional account and spell checks

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:?:hi caggers,

have not being on thread for quite awhile now;received a letter from solicitors to pay outstaning debt which was failed by IVA supervisor; how do I respnd to letter as I am not in a position to pay debt; but could arrange or make arragement pay debt in instament. I assume ABBEY National now Santardar may have sold the debt to a second party. Iva based on multiple debts of which I wrote to Nat. West Bank with reasonable reasons which resulted in cancellation of Nat. West debt ; Abbey National seem to want to pursue the debt.

 

Any clear caggers with advice?

 

knights templar

 

Hiya KT. Sorry i can't offer any advice to you but thought I would bump this as its very similar to my current situation.

 

Due to redundancy, I was unable to maintain payments and my IVA failed over 12 months ago. I am beginning to get some letters from DCA's asking for vast amounts of money from some of the creditors on the IVA.

 

I'm back in work and earning a decent wage and was wondering if another IVA would be the way to go, I'd rather not go bankrupt due to losing the house which I pay the mortgage on.

 

Getting worried as the letters are becoming more and more frequent now.

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