Carcrap Reposession IVA Please Help!!

[Emilybeckett]

Hi all and thank you in anticipation for reading this long winded post and any advice you may be abe to offer.....here goes:-

 

Back in 2000 hubby and I went to Carcrap for a look round as he needed a car to get to work and back. Unfortuntely, we got talked into purchasing one, at the time we were credit virgins and didnt really know what it all entailed. In 2002 my husband was in and out of work and subsequently, we didnt have much income coming in and got behind with our payments as we had to pay mortgage etc first. To cut to the chase, a bloke knocked on the door and said he had come to collect the car (i have later found out he was from Optima Collections). I was at home on my own with two small children but refused to let the car be taken off the drive. Then two days later he came again was really nasty so i let the car go. Again, i was at home with my small babies as hubby was working away. Last year, i sent a SAR to them had a look at it and resigned myself to the fact that nothing could ever come of it. Having read some of the wonderful advice on this forum could somone please help me with the following:-

 

We never received a default notice prior to the car being taken,(although it states one has been sent in the SAR but no copy of it) however, we did receive a Notice of Termination (dont know if it is the same thing). We were a few hundred pounds short of paying 1/3 of the balance. On the CAA there is no date, and they also put PPI on there which equates to a lot of money. In 2004 they issued a CCJ against us, which were paying. We ended up in various DMP and they were not happy with their dividend! Then again in 2006 they sent us another letter to say we could settle the balance at a ridiculas amount, which we couldn't. We then received a phone call from very vicious being from Red Castle, Recoveries,Gothia,whatever they call themselves she asked my husband if we could pay in full, he said no, he asked if we go back to the original payment to which she said no and asked if we owned our own home, he said yes. She then told him they would go after that then!(all this is in the transcript from the SAR) next thing a Statutory Demand arrvived and to say me and hubby s&*t ourselves, would be an understatement. We then rushed into an IVA so they couldnt take the house, which really, we shouldn't have done as we were coping with our other debts but were really frightend. There are loads of things missing in the SAR, the amounts on the transcrits for the car change dramatically, they said we didnt have PPI when it was on there, we really want closure to all this can someone please help?

 

thank you

Edited October 6, 2009 by Emilybeckett

[mandyjayne]

Hi Emily...

 

ok first things first the statutory Demand?

 

this is probably the most serious of your problems did you address it..

think you only have 18 days to respond to it...not sure if the IVA have dealt with it for you (im currently setting aside one myself so only in the early stages) im not in that good a position to advise you here but this will put you back up to the top of the forum for some sound advice.

 

Hang tight and someone will be with you soon

 

all the best

 

MJ:)

[Emilybeckett]

Hi MJ thank you for your reply. I didn't really make myself clear, i was just waffling on!! We received the SD in 2006 and that is what forced us into the IVA, we were scared they would make us bankrupt and thought we would have to sell the house we have two children and that is why we panicked. It is the whole issue really from start to finish, things dont add up. Now i feel ready to tackle this and have looked over things i have loads of unanswered questions.

 

All the very best with your SD, I know they are a nightmare.

 

thanks

[postggj]

How Can A Creditor Issue An Sd If Its Subject To A Ccj

 

They Would Need The Permission Of The Court To Vary Any Payments Set By The Court

 

Looking Into This

 

ALSO

 

IVA WITH A CCJ

 

CONFUSED

[Emilybeckett]

Hi Post, thank you for replying. They issued the CCJ in 2004, copy of which they sent and the SD in 06, a copy of which they didnt send in the SAR. Are you saying that a debt that has a CCJ on it cant go into an IVA? sorry for asking questions but i really didn't know this, that really would be interesting.

 

many thanks

[postggj]

An Iva Is The Same As A Ccj In All But Name

 

An Iva Is The Last Step Before Bankrupcy And Is Done By The Official Receiver

 

 

When People Have Financial Problem You Go Either For

 

Ccj

Iva

Bankrupcy

 

 

Who Aranged The Iva

 

It Was Not One Of These Debt Management Co Was It

[postggj]

An Iva Is Issued Under The Official Receiver

So How Can A Sd Be Issued With Out Going Through The Official Receiver

[Emilybeckett]

Hi Post, i wasn't aware of that! The people that set it up was Thomas Charles I contacted them in the hope that they could help with the SD it was them who advised us to go into an IVA. Like i said before, we received the SD from Gothia, we did offer to up the payments from £50pm to £181pm which were the original payments before the CCJ but they said no, they would go for our house, that's why we panicked.

 

The IP is Wilson Philips

Edited October 6, 2009 by Emilybeckett

[Emilybeckett]

Hi Post, i wasn't aware of that! The people that set it up was Thomas Charles I contacted them in the hope that they could help with the SD it was them who advised us to go into an IVA. Like i said before, we received the SD from Gothia, we did offer to up the payments from £50pm to £181pm which were the original payments before the CCJ but they said no, they would go for our house, that's why we panicked.

 

The IP was Wilson Philips, however, the other day i got a letter for our anuual IAE and that was from Grant Thornton, didnt even know it had been passed on:confused:

[Emilybeckett]

bump.....please

[postggj]

This Is Wrong

 

Ime Going To Pm A Cagger Who Has An Iva To Advise Further

 

Seems You Have Been Duped To Me

 

THESE IVA CO ARE ONLY LOOKING AFTER THEMSELF

[Emilybeckett]

thank you Post, i really apprecite your help, ... i thought i was going mad, i always knew something wasn't right with the whole thing once the initial panic was over

Edited October 7, 2009 by Emilybeckett

[Emilybeckett]

Can anyone give me some advice please.

 

thank you

[LilyLou]

Emily

 

Are you saying you were paying the CCJ when they issued the SD?

 

 

Regards

[Emilybeckett]

Emily

 

Are you saying you were paying the CCJ when they issued the SD?

 

 

Regards

 

Hi Lilylou, hope you are well,

 

No we weren't because at that time, we had mortgage arrears and a crippling loan with Welcome etc and were trying to pay them off, however, we did explain our financial situation and offered to resume payment and even offered more than what was stated in the CCJ but they refused:( The whole conversation of them refusing and saying "we will go for your house then" is in the transcripts that came in the SAR but like i said, there is a lot of things missing.

[LilyLou]

Sorry to hear that you were in such a predicament. I'm sure Post will be back to help you get some resolution to this. Seems totally unreasonable and dodgy to me. Good luck, wish I could help more, I will if I can.

 

 

Regards

[Emilybeckett]

I hope so!!! thank you Lilylou

[LilyLou]

Emily

 

Have you had any joy re: your request yet?

 

 

 

Regards

[Emilybeckett]

no not yet:(

[LilyLou]

Respectful bump................please

 

Regards

[LilyLou]

bumping.............