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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
    • 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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got a loan [bridging] but they are going for repo? - help lost!!


muminneed
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In a nut shell,

 

I asked the bank that held my company's accounts for a mortgage

so I could leave my violent partner and get my children to safety.

 

They gave me a loan on an all monies charge basis.

 

I didn't find out for another year it wasn't a mortgage,

they gave me no advice and even now some ten years on I dont know what kind of loan it is,

some say bridging loan others an equity mortgage.

 

The bank have come up with various reasons why I couldn't have a residential mortgage

e.g I had one already on my marital home.

 

The loan was in my name so when my company folded it continued.

 

The loan has been renewed at a higher interest rate with a new fee of about £1000 every six to twelve months.

 

I have been broke for the last 9 years at least and whilst i've tried to pay some I 'been able to.

 

They have let the loan go on and on and compounded interest and raised the interest etc

but not issued repossession action until now.

 

During the last ten years they have taken the loan payments to the tune of about 30,000

via I assume their right of set off from my account, or at least an unauthorised overdraft

they have created on it by taking the loan payments as well as compounding another 10k into the loan.

 

In 2010 I lost my job and have been unable to pay anything since then.

 

They issued me not with repo action but a new loan with a capital element for £1300 pcm

representing a 120% increase in monthly payments.

 

This was after the relationship manager called me for a meeting

demanded 30,000 be paid to them within 48 hours or he would issue this new contract.

I didnt sign it and I still havent.

 

They also sent all of my info to my ex husband.

I only knew he had it when he presented it at our divorce hearing,

said I was financially inept and couldnt look after my children.

 

I need to know if the contract is unenforceable, duress? undue influence?

they knew full well that I was very much at risk with my husband

and gave me no choices on the loans second incarnation,

felt like being held to ransom.

 

Have they mis sold?

 

They gave me no advice and didnt and still havent explained what this loan is or why it was right for me.

 

Ive asked questions in the last ten years about why they still consider it to be affordable

when clearly it isnt and they have carried out no affordability checks at all, just kept on renewing it.

 

I was going to start my own business and one point and written in their notes is the belief

that they dont think I will make anything like that.

 

They also have me down as a property developer who intended to rent the house out ???

 

I haven't had any statements on either the account they made me open to feed the loan

from their unauthorised overdraft or the loan account in about 4 years.

 

I have made two subject access requests, one half came back, the other not at all.

 

Now the Solicitors are saying I'll get the paperwork needed for the possession and nothing else.

 

Feeling a lot like this :| moving to :(:(.

 

I have no money as Ive sold everything to pay off their overdraft fees,

 

Ive got no money for rent / deposit and am now convinced my children will end up in care...

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The bank should provide ALL data in respect of your financial relationship with them. If they dont, then you need to escalate your complaint to the Information Commissioner.

 

In respect of the actual loan, you should probably be looking to make a formal complaint to their Chief Excecutive at the Head/Registered office. They have 8 weeks to investigate the complaint, after which time if you are no closer to getting a resolution you should escalate your complaint to the Financial Ombudsman.

 

Have you had a look at MCOBS to see if there is anything there that might help you ?

 

http://www.fca.org.uk/firms/firm-types/mortgage-brokers-and-home-finance-lenders/mcobs

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  • 2 weeks later...

Hi MIN

 

Did they by any chance renew this loan every year, also was it linked too a business facility ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi, yes they did and charged me for doing so.

And yes they linked it to a business account but half way through.

There are also loads of notes in their files questioning what kind of loan it is so I dont think they know themselves as there is nothing in the contract alluding to it being a business loan or for a business purpose.

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