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    • Sorry, just to be clear; I handed the car back in November time.
    • Hi dx,   Thanks for the quick reply!   Unfortunately the history is a tad complex but I'll give it a shot: I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf.    Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a  PCH. It wasn't really explained at the time,  what this implied. I suppose it was naive on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc.    Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was goobsmacked.    I told them there's no way I can pay that; I don't have a job. Not interested. So I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation so I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request.   Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it.   As far as I'm aware though, a PCH isn't regulated by the CCA?   What do you reckon?     
    • please complete this:   You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group
    • the number of people that can't pay rather than just WON'T pay, that were arrested for non payment of CTAX in the uk can be counted on the fingers of one hand. seriously, forget about that ever happening to you or it ever ever going that far. yours is very obviously not a case of wilful refusal to pay.    get you MP onboard as quickly as you can monday.   i can tell you now the council will not accept £5PCM . you need serious help if you are in such dire trouble and to be honest why has this just happened this year or is this problem greater than simply not paying since april? what happen in previous years were you able to meet CTAX ok? explaining the above in your brief but concise contact with your MP will go along way to them intervening much quicker.                
    • i wouldn't worry about the other persons data thats a 2nd string for later.   you need to deal with this threat. whatever it is... tell us the story and name names with dates and times etc.   they cant threaten you with a CCJ to VT a vehicle, you probably mean a return of goods order.?   do you still have the vehicle? i will gather so and you are behind with the finance agreement, with Santander, is this an hP agreement or a personal loan whereby the car is specifically mentioned please.   i will guess its just a std DCA (who) on behalf of their client (santander?) threat-o-gram whereby they haen't a clue what they are doing but think it's the right one to send..   only the OWNER of any debt can do court, and if its vehicle finance via HP/per loan whereby you've paid more than 1/3rd, there is stuff and all anyone can do without a return of goods order as under the Consumer credit Act, the vehicle becomes protected goods past 1/3rd paid   spill the beans   dx  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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My husband is considering an IVA having been in a DMP with Payplan for the last 8 years (60k balance). In year 4 as we have equity jointly & they'd want his share, what lenders are out there to offer somebody a remortgage who has been in an IVA - encouraging more debt? He would be in his fifties then too so not ideal but would rather take out the extension to extend the IVA by a further 12 months instead.

Would they insist on some less known remortgage providers (not high street lenders who we currently are with) any body any knowledge on what lenders you might seemingly / unwillingly have to then go with? :frown::frown::frown: And if you didnt do the remortgage option on the table what happens then - are they forced to have to do the 12mth extension what you may ideally want anyway? :-)

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No they are not forced to extend the IVA by 12 months but you could be forced to sell the property to release the equity. Depends on the wording of the IVA

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My husband is considering an IVA having been in a DMP with Payplan for the last 8 years (60k balance). In year 4 as we have equity jointly & they'd want his share, what lenders are out there to offer somebody a remortgage who has been in an IVA - encouraging more debt? He would be in his fifties then too so not ideal but would rather take out the extension to extend the IVA by a further 12 months instead.

Would they insist on some less known remortgage providers (not high street lenders who we currently are with) any body any knowledge on what lenders you might seemingly / unwillingly have to then go with? :frown::frown::frown: And if you didnt do the remortgage option on the table what happens then - are they forced to have to do the 12mth extension what you may ideally want anyway? :-)

 

Hi

 

Have a look here at the straightforward IVA protocol (the section on the home / equity might help)

 

http://www.cleardebt.co.uk/media/38222/2010%20iva%20protocol.pdf

 

A word of caution here is that if an IVA fails and there is equity in the property then there could be a risk of being threatened with or made bankrupt to get at the loot from the home - it does happen and is a dreadful event when it does - ask the Payplan people about this to be sure as 5 years can be a very long time and a lot can go wrong.

 

IVA companies (IPs) basically have to look after the creditors as well as the people in debt they are acting for and of course their fees

 

Dont forget Payplan are not a charity they are a profit making business.

 

With IVA remortgages it is sometimes worth getting the calculator out and working out just exactly how much is paid back and the amount of fees / interest involved, so the mortgage sellers and commission people will likely be sniffing if you get the drift (think Payplan have a department called who's lending)

 

It can be a bit of a catch 22 type situation where there is equity in the home with non-priority debts and a tad treading water / risk from further creditor action with a DMP.

 

How much equity are we talking about and have all other options been fully explored and advised?

 

Really imperative that you fully understand your options and what you are signing / entering into right at the start

 

Be sure before any decisions are made.

Edited by Wintry
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Thanks toddle2u and Wintry. Husbands equity share would be 50kish or a bit more by then, so it may be costing more in the long run if they have him remortgage 85% of that value (on top of the 54/60 months of payments also then that would have already been made!!)

 

That interesting protocol link document at 3.3 states there should be no circumstances where somebody is forced to sell there property instead of releasing equity, I suppose being forewarned about all will give us the heads up on how the document is drafted.

 

Payplan though are also asking what the value of the endowments are if we surrendered these early :|! Sounds like this could all cost him more to be honest but on the other hand it would be another 40 years with the rate of payments as they are to clear the debt!

 

Its a shame when you have Assets you are penalised & have fewer options to consider than others with no Assets who can enter these agreements more easily (and who can blame them!)

 

What would happen if we wanted to sell the house during those 5 years too or split up & I took over the share of the property guess they'd bring the IVA to a closure early would they & go after his equity then?

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Thanks toddle2u and Wintry. Husbands equity share would be 50kish or a bit more by then, so it may be costing more in the long run if they have him remortgage 85% of that value (on top of the 54/60 months of payments also then that would have already been made!!)

 

That interesting protocol link document at 3.3 states there should be no circumstances where somebody is forced to sell there property instead of releasing equity, I suppose being forewarned about all will give us the heads up on how the document is drafted.

 

Payplan though are also asking what the value of the endowments are if we surrendered these early :|! Sounds like this could all cost him more to be honest but on the other hand it would be another 40 years with the rate of payments as they are to clear the debt!

 

Its a shame when you have Assets you are penalised & have fewer options to consider than others with no Assets who can enter these agreements more easily (and who can blame them!)

 

What would happen if we wanted to sell the house during those 5 years too or split up & I took over the share of the property guess they'd bring the IVA to a closure early would they & go after his equity then?

 

Hi Mydog

 

IVAs are not set up to be charitable to the person in debt, they are basically binding formal insolvency arrangements, with high fees sometimes involved.

 

Your property (home) will more than likely be included in the arrangement, it is an asset with substantial equity and if anything goes wrong (ex IVA is breached / fails) the IP / IVA company will have a duty to raise monies out of the arrangement and this will likely include any of your husbands share of the equity.

 

A restriction will likely be registered at the Land Registry to stop any sale without the IPs permission

 

http://www.landregistry.gov.uk/professional/guides/practice-guide-34 (section 8)

 

You need to be sure that the IVA is sustainable for the duration in my opinion or you may be running considerable risks where the property is concerned & any trustee that may be appointed wont come cheap (ask Payplan who the trustee would be in any potential bankruptcy proceedings and the procedure and costs involved)

 

Looking at your figures they would suggest payments would be set at around £125 per month if I am reading this right (thats going on the 40 years & £60K balance you have mentioned) that suggests things may be tight already disposable income wise

 

It may be worth getting an independent, professional second or even a third opinion having all details of your circumstances available as we do not have all the info on here and you now mention endowment policies.

 

Take care and again its imperative that you make sure you fully understand all options, long & short term costs, scenarios etc, fees and anything you enter into or sign up to or it could turn out to be a very expensive & heartbreaking experience if things go wrong.

 

My posts are just guides so your decisions at the end of the day

 

Just out of interest why are Payplan now suggesting an IVA after 8 years of A DMP?

Edited by Wintry
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Thanks for the info wintry on restrictions this is all helping me become more knowledgeable indeed. It also provides me with a reason as to why I think it may not be ideal to be honest as my husband whos sole name it would be in is self employed too so a regular income is never guaranteed either so may very well fail as he doesn't always have a lot of income either so may not even be accepted into an IVA in the first place.

 

Payplan have suggested an IVA as an option for the last few years, its just from my point of view one of the fruitful endowments are due up next year so wanted to wait till after then. At the recent yearly review though they made it sound attractive to consider again that it got me thinking! I think I will leave things ticking along as they are, maybe consider eventually having him not on the mortgage (ideally) feel its a constant noose around my neck living this way though in a DMP never knowing what hits the fan periodically but have survived 8 years so far :-(.

 

You have been of great assistance - thanks for all your help

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Thanks for the info wintry on restrictions this is all helping me become more knowledgeable indeed. It also provides me with a reason as to why I think it may not be ideal to be honest as my husband whos sole name it would be in is self employed too so a regular income is never guaranteed either so may very well fail as he doesn't always have a lot of income either so may not even be accepted into an IVA in the first place.

 

Payplan have suggested an IVA as an option for the last few years, its just from my point of view one of the fruitful endowments are due up next year so wanted to wait till after then. At the recent yearly review though they made it sound attractive to consider again that it got me thinking! I think I will leave things ticking along as they are, maybe consider eventually having him not on the mortgage (ideally) feel its a constant noose around my neck living this way though in a DMP never knowing what hits the fan periodically but have survived 8 years so far :-(.

 

You have been of great assistance - thanks for all your help

 

Hi

 

You are more than welcome.

 

Interesting stuff on the self employment

 

Remember assets with debt can be risky and open to creditor action in a DMP also (catch 22 if you like)

 

Always best to get independent professional advice on all options making sure that you FULLY understand everything.

 

Your decisions at the end of the day

 

Take care and best wishes

Edited by Wintry
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As an afterthought...I may with the endowment next year see if we can do some full & final negotiations through Payplan to get rid of some of this debt at the lowest negotiations of course perhaps?

 

Thanks again

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