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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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House repossessed 19 years ago


woodmio
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Courtesy of theoldrouge.

 

had a good look at this yesterday.

 

In the Knowle Portfolio letter dated dec 2005 it states

 

Mortgagees in Possession J&J Securities NOT Mid and gen (could this be a modifying ag?) not the original, (ALSO this is a JOINT application)

 

also J & J featured in Parliament, very interesting read in this context

 

 

http://www.publications.parliament.uk/pa/cm200001/cmhansrd/vo010425/halltext/10425h05.htm

 

hope this helps

Edited by caro
amend link
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My own view is that you really need a breakdown of the shortfall calculation.

 

Perhaps you could adapt this template to meet your needs.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387500-Mortgage-shortfalls-Request-Breakdown-of-balance-owed&p=4383999#post4383999

 

By continuing to pay you continue to acknowledge the debt but do you really know that you owe it?

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As it is a mortgage shortfall debt I would question why they have cropped up now chasing it - it is STATUTE BARRED as far as I can tell reading this thread - if you had not made any payment or acknowledged it from 12 years FROM THE DATE OF THE ACTION WHICH LED TO THE REPOSSESSION as has been defined in some recent cases - don't have the info on them but I know there are people on this site who can get that info... then they cannot come begging you to pay up.

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OP has been paying £5 a month since 2000 SG so it's not statute barred sadly.

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Sorry Caro, pity really but if they are threatening legal action now I think they would find that given the OPs circumstances it would be a bit difficult to explain why they had not done it much earlier... plus given the fact that although the OP may have equity in another property they may not have a strong claim on it.

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I wonder if the fact they're asking for a voluntary charge may reflect that SG.

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Hi Caro

I've been trying to open the link you posted on J&J mentioned in parliament but it keeps telling me that the link is not recognised.

Also some corrections to my post 47.

We were evicted in 1994.

Midland and General were incorperated 28 03 1996 and their dissolution date was 19 sept 2000.

Still looking for any more info I can find.

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Sorry about that. Hopefully the link should work now.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Caro

I've had a read through the hansard doc and there are so many factors quoted that were similar to my cicumstances at the time of the origonal loan with J&J. Firstly I was self employed and on low earnings and they took a high earnings week as a basis for my income.Secondly the salesman told me that my property was worth more than it actually was so that on paper there was an increased collateral in the property.

Also while looking through some old papers I've discovered that I was sold PPI at the time of the loan which I believe was prepaid out of the loan.Whats my chances of claiming misselling of this as we were told that it was a necessity to have this insurance?

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Ppi was useless as you were self employed. Also making it a condition of the loan. IMO your case is strong. You need to start taking control and challenging what you owe.

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I suggest that you could say that you dispute the amount that you owe and perhaps stop paying until they can prove what they claim is owed. After all these years the ppi claim could potentially clear any alleged debt.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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woodmio, I had a niggling feeling that you would have had ppi (totally useless to the s/e, as Caro has said)

 

Standard practice in those days was to reply to a newspaper advert

 

broker would call round ( Midland and General Ltd did exist back then as brokers)

 

always sold the ppi,

 

and I reckon that application form from M&G was in reality just part of

 

the brokers application form (not your actual agreement)

 

 

and the loan was then placed to whoever was paying the highest commision at the time,

 

in this case J&J

 

perhaps that may hopefully jog your memory, as to M&G involvement:-)

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also it may be possible that your then solicitors Foy &co? still retain the files on this

 

and may be worth a visit to see if they have a copy of your original agreement

 

with the ppi details on it

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thanks guys,

I will contact Foy and co and see if they have any copies of origonal docs and if not I will put pressure on Asset Recoveries to provide more information.

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Hard to comment without knowing what your SAR said.

 

My personal view is it is best not to be too specific with SARs otherwise you give them a get out card not to send other stuff,

but I know not everyone is of the same view.

 

If you said you'd stop paying until you got what you wanted,

 

then you need to follow through with that IMO.

 

Did they return your fee because it seems they've supplied nothing?

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Contact the ICO for their opinion. ;)

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Hi Caro

I've been on the ICO website and I'm going to send Asset Recoveries UK a letter based on a template there.

I'm also going to request further information on the debt amount as some of the details they've sent is very sketchy.

Also any suggestions as to make a claim on the missold PPI'

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Have you got any information about the ppi? If so there's info in the ppi forum including spreadsheets to calculate what you can claim. Have a good read and when you're ready start a thread.

 

If you don't have the info you'll need to see what the new sar produces and take it from there.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I should say so! :-D

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Surfer01

That would have been nice at the time but when I took out the mortgage they were more bothered about selling mortgages than insurance.

I was also in a "safe" job with the coal board and didn't think I'd need one. What a difference a few years and a change of government can make, at least now I've gained a first class degree in hindsight.

 

Were you employed or self-employed when the ppi was taken out?

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