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    • 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  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's 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 - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, 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 mis sold 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 accounts Lowell 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 credit file I'd be happy 
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My daughter v Halifax


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  • 2 weeks later...
  • 4 weeks later...

Daughter received another letter from Halifax about our question on manual intervention and stating statements will be with her by 21/5 - again. Looks like they are dragging this one out to the full limit - these imbeciles make me sick.

 

They will only owe her more, the longer they hold out.

 

Also I need to mention that they gave her an overdraught of £200 when she first opened the account about 6 years ago and she spent it Christmas 2004 (without my knowledge) even though she had no exact means of paying it straight back.

 

They were sending her letters about it and she eventually went in to see them and agreed to pay it back £20 per month, and they took it out of her account every month. After a while they sent a letter to say she needed to sign a new agreement about it but by then she was burying her head in the sand as she couldnt cope with the worry of not having enough money to live on, because of them taking charge upon charge from her account.

 

They still continued to take the £20 from her account each month and then she started getting letters from a debt collection agency asking for the balance to be paid in full. That is when she told me about her problems so we paid the balance to the DCA but lo and behold halifax have taken 2 more £20's from her account which have incurred even more charges.

 

We went into the bank today and she explained everything about the debt having been already paid and they said she should have cancelled the standing order. She didnt know she had signed for a standing order, only that she had signed some sort of agreement to pay them back £20 per month. Her only fault is that she is naive when it comes to this sort of thing, but surely when the bank received their money back they should have known to stop taking the £20 monthly payment???

 

I must be naive aswell as I thought that is what would have happened once the debt was paid, because I knew nothing about this standing order thing. You see, because its only child tax credits and child benefit that gets paid in she obviously has to use it all as its her money to live on. I told the man in the bank that the charges are illegal and she would be getting all the charges back from them, and it just goes to show that there is no manual intervention at all, otherwise they wouldnt still be taking the £20 out after it had been paid in full, but he just ignored me, or at least seemed to be.

 

Anyway he told a co-worker that my daughter requested a refund of the latest payment as it would make her overdrawn again, and she agreed to refund it but not until tomorrow as she couldnt stop the money coming out today. Too little too late as far as Im concerned.

 

Will any of this stop her from claiming all of her charges back?Any comments or advice on this whole sorry saga would be greatly appreciated.

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Nothing should stop her reclaiming all her money back for charges unlawfully imposed in the first place.

 

I hope you don't mind, but I edited your thread to break the writing up into more managable paragraphs - it was very hard to read in one go, and you'll probably get more response if you make things easier to digest :D

 

I have read somewhere that it is possible to write to a bank to inform them that monies (from benefits) must not be taken to pay charges etc, although it appears that one letter must be sent each time a payment is due in, rather than one 'cover-all' issue.

 

If this is relevant for the future, I will find the terminology again for you.

 

John

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thankyou so much and i would be really grateful for the letter we could send to the bank to stop charges being taken out.

 

Sorry about that long winded post, its just i was a bit worried when i gathered all the facts together about her problem lol

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We are talking, behind the scenes as it were, about this. I believe it's a 'Right of Appropriation'. Will be talking to CAB and CCCS etc over the next few days to gleen more info, and then we can prepare a letter.

 

In the mean time, maybe her best bet is to open a BASIC bank account with another bank, transfer everything across there, and effectively start from scratch.

 

Do a search for Basic Bank Accounts for more info.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thankyou very much. Ill tell her to sort another account out. She still has no statements or anything from them and its 40 days this Sunday. They're either inundated with these requests or taking the p***. I wouldnt be too bothered if it was my money, but shes been through a really bad time because of all this, and im hurting too, and fuming. Thanks again.

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She received her statements on 20/5 so I reckon I was right they are taking the p***. Its only because 21/5 was on a Sunday that she received them 1 day before the deadline. Anyway the total they owe her is £763.00, but it will be a bit more when she gets her latest statement. The prelim letter will be handed in to her bank tomorrow.

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Excellent news - remain strong now until you get it all back.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 months later...

LBA handed into bank friday 18/8/06 - 14 days before we submit claim - they owe her more money now £884.00. I sometimes find that i cannot get onto this site, but will try to keep you updated. Thanks for all help so far.

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Best of luck...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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