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My Debts and my journey into and after failed IVA..


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I've taken those down as they all show some form of ref number

they could ID you from

the forum is anon.

 

 

if I was getting those letters

i'd scan for a record of themand give them to the hamster as bedding.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 2 weeks later...

Ok the saga continues.

 

I sent off a CCA to 1st credit and am very confused by a letter I received from them.

 

They state that it is a Copy Agreement/Contract which I have never seen before

and have stated that 'True Copy means that a copy agreement does not need to be a photocopy or exact copy of the signed credit agreement.

 

For example there is no obligation to include the signature or date of signature.

It is permissible in Law to do this by re-populating a template with the details of the agreement taken from the creditors records.'

 

I am really confused by this as I have never seen this Copy Agreement/Contract before.

I have attached some of the parts of the letter for you to take a look and to let me know what to do from here.

CCA return .pdf

Edited by dx100uk
pdfs merged and shrumk
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next time put ALL the scans into ONE mulitipage document please

then pdf and upload that.

 

I gather this citi card dates to prior to apr 2007

so a recon agreement Is no good

must be a copy of the one you signed when you took the card out

safe to ignore that bog roll me thinks

 

can you scan everything they sent please

pop it all in ONE document and post that up here

lets just check

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Hi

I think the good news is that the two biggest debts are really quite old and many debts that age are unenforceable because the agreements are defective. While it is true that a recon may satisfy S77-79 they do need to show that you signed a compliant agreement and the easiest , but not only way, is to produce at least a copy of the original.

 

Should the worst happen and a claim is issued for either of the large debts they would in all likelihood go to the fast track and as such it would be easier to find good quality legal advice and representation that would be free or pretty much free - should you have a good case.

 

As for responding , I tend to agree with DX , wait until they do send a substantial threat for example a letter before action ( sometimes called a letter of claim). That is the point where you send a S77-79 request as well as asking for the documents they are going to rely on -but all that is in a possible future.

Any opinion I give is from personal experience .

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Thank you for your response. I must say that I did hear from Lowell and they are not pursuing the debt as they are unable to find the original documentation. I will try to upload the document above into multi pages. I also heard from Minicredit who has sent me an email stating Notice of Intent however i have placed this on another forum for debt collectors.

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With the associates card, the agreement should have the prescribed terms

Name and address of you at the time you opened the account

their name and address

The manner in which the credit limit will be decided or the credit limit

How payments are to be made

 

If these aren't included it fails

You will need proper advice from people on here should they issue a claim. I am afraid I am not the expert but am still batting off my creditors 4 1/2 years after stopping payments

 

The thing is, they can comply with a S78 request by sending a true copy of what you signed. Now some people make the mistake of telling a court they didn't comply with S78 because the agreement wasn't correct BUT if they sent what you signed or what they truly believed you signed they have complied . If that is the case you have to move to S127(3) which states that an inproperly executed agreement can not be enforced . This was repealed for agreements made after April 2007

 

Sadly I have seen cases lost because the argument presented to the court was not the correct one

Any opinion I give is from personal experience .

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Thats a reconstituted version of your agreement (1st Credit)...most probably cant find the original.

 

Andy

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  • 3 weeks later...

Just a question I have been pondering.

 

When debts are no longer reported,

I am assuming that they are removed from your credit file.

 

Does this mean that companies no longer chase you for them.

 

does it mean that your credit score remains the same?

 

How does it work:?:

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Does this mean that companies no longer chase you for them. does it mean that your credit score remains the same? How does it work:?:

 

Hi,

 

The debt still exists after removal from your file and companies will continue to try to collect them. I'm not sure if it will make a great deal of difference to your credit score.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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certainly will if they dropped off because their default reached 6yrs.

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I have updated my debts and removed those that are not on my credit file and not been chased probably because they were taken out in 1999. They were my largest debts and since their removal my debts have been reduced to approx £15,000. Would I be able to get a Debt Relief Order on these?

Updated debts list - October 2016 (1).pdf

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Have you checked if they're enforceable yet?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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as advise a few times now

 

as for the payday loanslink3.gif

you need to go make a thread about then in the PDL section

 

twill probably turn out most of those PDL's can be written off due to irresponsible leaning

take them OUT of your list

 

and go start a thread in the PDL forum.

 

 

new thread here

http://www.consumeractiongroup.co.uk/forum/showthread.php?470197-£3k-of-PDL-s-from-2012-what-should-i-do

 

 

for the PDL's

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 3 years later...

I took out an IVA in January 2012 however it failed and went to court in March 2013 due to unemployment. 

I received a letter from them dated February 2015 with court information (as they took me to court) stating 

 

' Further to the failure of the Debtors' Individual Voluntary Arrangement, the Supervisor retained the power to deal with any pending PPI claims and recovery of VAT (where applicable).

 

Any potential PPI monies have been received by the Supervisor and distributed in accordance with the IVA proposal as modified.

However, where further IVA assets, such as PPI are realised after completion of the IVA, these will be realised by the Supervisor acting as trustee of those assets which will be distributed in accordance with the IVA'.

 

I just need some clarification about this.

How long does the Practitioner duties last and does this mean that any PPI claims that I may make in the future and awarded will go to the Practitioner for distribution?

 

Thank you for your help. 

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the IVA failed that should have been the end of 

however and i don't understand how, but you allowed them to take you to court and get some kind of judgement...whatever that was.??

 

typically it's 6yrs from the time you entered into the latterly failed IVA.

unless whatever the court did varied that date.

when an IVA fails everything is normally reset to as if it never happened bar payments made to creditors resetting your SB dates.

you are better out of it anyway

 

most IVA's are designed to fail from the get go and simply feeds the practioners with ever increasing fees making sure little money ever gets off your debts but lines their own profit pockets

 

 

a week or 2 ago the FCA brought in new proposals or rules to combat these very pirates. 

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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what did the court say do or got involved with or said?

 

typically if an IVA FAILS it's cancelled as if it didn't ever happen, they would be entitled to nought

but i'm puzzled as to what this court case was about?

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • dx100uk changed the title to Debt How long does an IVA practitioners role last?

threads merged 

reading up now.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • dx100uk changed the title to My Debts and my journey into and after failed IVA..

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