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silentmovieman

IVA with Churchwood/Kingsgate Insolvency. Money Gone Missing?

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Ok this is a bit of a long story but ill keep it as short and sweet as possible.

 

Myself and my fiancee got into financial difficulty and ended up in a DMP in 2006.

We paid into this as required until we were then advised that we should have been in an IVA all along.

 

Switched to an IVA in 2008 which was dealt with on a joint basis pulling our debts under one roof so to speak

(none of the actual debts were joint, either in my name or hers).

 

The IVA company attempted to make us pay more than we could afford

(two children had arrived in our lives in the interim)

and we therefore defaulted on the payments to the IVA in October 2009.

The IVA then terminated in January 2010.

 

Most of the debts were in my name and I was declared bankrupt in April 2011, this was discharged in October 2011.

 

After checking and finding that neither of us were on the Insolvency Register anymore

I then checked both of our credit reports with both Equifax and Experian.

 

 

All of my debts were shown as settled as per the discharge of the bankruptcy

but there was no mention of any debts at all on my now wifes report.

In fact her credit score was good and the report looked as though it was clear.

 

I wasnt sure why this was but (mistakenly) thought that maybe in some way her debts

had disappeared due to some confusion coming from the IVA being in joint names or something of that nature.

 

I'm also of the belief that as the debt has already been defaulted

(would the original default be when we went into the DMP?)

it cannot be registered as a default again.

If this is the case then does this mean that Marlin could not appear on my wifes credit file?

 

Back to the present day and my wife has now been contacted by Marlin Financial

who have purchased the Northern Rock debt that she had and that had been part of the IVA

(it was an unsecured bank loan as we have never owned a house or any assets of any worth).

 

The letters have been the standard threatening variety, mentioning CCJ, field agents calling round etc etc.

 

It is my belief that the statute barred period in this case would be in October 2015

(six years after the last payment was made) so obviously with another year to go

that does not really play out as an option in regards to this debt.

 

I understand that she can write and request a CCA from Marlin

and I get all the rules regarding that request,

the time periods involved etc.

 

 

If she requests this information however should she do so in her maiden name or her married one?

The letters from Marlin are in her maiden name.

 

 

Also if Marlin were to register a default on her credit file would the name change

play any part in that happening/not happening?

 

We are expecting our third child next April and my wife has just gone part time in order

to take a university course to get her degree (so she can go from TA to teacher if she so desires).

 

 

To cloud the matter further when we mistakenly thought we were in the clear my wife

took out a catalogue and also got credit in order to buy a new three piece suite.

 

At the end of the day I believe that should we request the CCA and they produce it

then my wifes only real option is to file for bankruptcy

as a CCJ would then bring her new debts into play and she would end up defaulting on them too

as the court would order that she pays money to all of her creditors

(the total of the new debts is about 2500 whereas the Northern Rock debt is 13,500,

meaning that Marlin would be awarded the greater share of any payments

to the detriment of the new smaller debts).

 

Thanks in advance.

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who was the DMP and latterly the IVA with

one of the Fee paying Fleecers?

 

 

if she does owe marlin anything [which I doubt]

the CCA request is theway to go.

 

 

it might pay you to SAR NR too.

 

 

just remember as you've prob seen already

 

 

marlin brought a phishing list of old NR debts last year

and are sending out phishing letters to scare people

 

 

several are here already

if its not on her CRa file

and all the old addresses are showing

its gone due to the age of the default.

and CANNOT return

 

 

dx

 

 

 

 

dx

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who was the DMP and latterly the IVA with

one of the Fee paying Fleecers?

 

 

if she does owe marlin anything [which I doubt]

the CCA request is theway to go.

 

 

it might pay you to SAR NR too.

 

 

just remember as you've prob seen already

 

 

marlin brought a phishing list of old NR debts last year

and are sending out phishing letters to scare people

 

 

several are here already

if its not on her CRa file

and all the old addresses are showing

its gone due to the age of the default.

and CANNOT return

 

 

dx

 

 

 

 

dx

 

Sorry for my ignorance but what do you mean by SAR NR?

 

The DMP was something like Westfield and the IVA was with Kingsgate Insolvency.

 

The statute barred period doesn't work as I'm assuming the six year period begins from when the last payment was made which would be September 2009.

 

My understanding is that as the debt originally defaulted in 2006 resulting in it going into a DMP that it can not appear on a credit file again unless Marlin go the CCJ route.

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a CCJ would show IF they got one in the public section

but the debt would not in the accounts section.

 

 

yep so you got had with the fee paying DMP

and most prob with the IVA too

as those two firms are linked.

 

 

if you click the SAR

it tells you what it is

 

 

it might be prudent to get all the info from NR now

 

 

incase they try anything.

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If I made a SAR to Northern Rock then how would I know who to contact as aren't they now owned by Virgin?

 

Also in regards to the CCA,

 

 

I'm wondering how do you know if what they are sending you is the original t+cs

 

 

when you may not have anything to refer to in regards to the original documentation?

 

Sorry for the questions but I'm very much a novice at all this.

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get the CCA request and sar off

 

 

we'll deal with the rest

 

 

 

 

time to read around as well.

 

 

Will send off tomorrow. Just out of interest, should I leave the line about disputing the debt in on the CCA letter? I'm not really disputing it exists so guess I should take it out.....am facepalming myself at such a stupid question

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don't change theca request

doNOT sign the letter

 

 

blank "1 po

1st class by free proof of delivery

 

 

dx

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12+2 WORKING DAYS

 

 

dx

 

Marlin have responded with as copy of the original agreement (with wife's maiden name/signature) as well as as copy of the t+c's. They also enclosed a list of payments made before and after default.

 

So as they're not going to accept token gesture payment and we have no means of paying the debt off I guess theyll go CCJ.

 

Only option left is bankruptcy I guess.

 

Regarding that its my understanding that if the total gross household income each month is less than £1735 (with two kids) then you may be eligible for a full or partial remission of the fees. Two questions spring to mind regarding this....

 

1) is this just for the £180 court fee or does it relate to the full amount of just over £700?

 

2) total income would include all tax credits, child benefit etc as well as my wife's wage? as she has now gone part time it would be worked out on that or based on her previous full time wage? would it also take into consideration the student finance she will be receiving as that's a lump sum not a monthly income.

Edited by silentmovieman

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Marlin have responded with as copy of the original agreement (with wife's maiden name/signature) as well as as copy of the t+c's. They also enclosed a list of payments made before and after default.

 

So as they're not going to accept token gesture payment and we have no means of paying the debt off I guess theyll go CCJ.

 

Only option left is bankruptcy I guess.

 

Was there any Payment Protection Insurance on this debt or any default/penalty charges that could be reclaimed ?

 

https://www.nationaldebtline.org/EW/factsheets/Pages/37%20EW%20Debt%20relief%20orders%20(DROs)/Default.aspx

 

Have a read of the above, is it likely you fit the criteria for a debt relief order ?

 

Have a word with National Debtline anyway and see what they suggest.

 

0808 808 4000

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Was there any Payment Protection Insurance on this debt or any default/penalty charges that could be reclaimed ?

 

 

Have a read of the above, is it likely you fit the criteria for a debt relief order ?

 

Have a word with National Debtline anyway and see what they suggest.

 

0808 808 4000

 

DRO is no good as the total debts are over £15k. Back to NDL it is

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I'd await the sar before responding pers. dx

 

Excuse my ignorance but what benefit could the SAR offer? Its just a request for all the info held on me by Northern Rock isn't it?

 

As Marlin have provided the CCA I don't have a leg to stand on do I?

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stop panicking I'd be gathering all the info before you make any longterm plans on this debt dx

 

Not picking just trying to get a better understanding of everything.

 

I get what a SAR is and why you'd do it but in this circumstances I don't see how it would help.

 

Northern Rock will hold info on the wife obviously but that won't be anything outside of the agreement signed will it?

 

Even if it is, after receiving the CCA from Marlin which all appears to be legit and above board that's all they need to produce to proceed is it not?

 

I know you guys have a better grasp on all this and I have read around to try and better understand, I just can't see the benefit of a SAR here, but then you could fit everything I do know about this on a postage stamp :)

 

I should also thank you all for the advice and tips you're giving me.

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Do you know if NRAM ceased adding interest to the loan when your wife first informed them of the financial hiccup ?

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The benefit of the SAR would be to see if there are any default/penalty charges or PPI

 

There was no PPI, that's clearly stated on the CCA that my wife signed.

 

The list of payments they've sent her show the starting balance

and monthly payments that were being made as per the loan agreement (again all there in black and white on the CCA. )

 

The payments at the right level stop in April 06 and then reduced payments start in August 06, this would tally up with with when we entered DMP.

 

I have noticed something interesting going through my records though.

 

The lower payments run from August 2006 to February 2008 (during which there is a debit of £55 is added).

 

What I've noticed from the list they've provided however it shows no payments being received

between February 2008 and when the debt is written off as bad debt in April 2009.

 

The thing is that we switched from DMP to IVA with effect from May 2008

and this debt was included in the arrangement

(I have the relevant documentation to prove it),

 

why did this debt receive no payments for the duration we were in the IVA when it should have been?

 

There are other debits added to the defaulted balance,

£64.63 miscellaneous, £47.69, £647.54 both listed as write on.

These two amounts are then also listed as payments received on the same day in January 2010 (around the time the IVA was terminated).

There's also a write on of £310.93 on the same day.

 

So with all of this in mind does it look like something was happening other than it should have been for the duration of the IVA?

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so are you saying no payment was made to this acc since Feb 2008

 

even more reason to await the sar reply

 

Could you post up everything that you received in reply to your cca request

 

with pers details removed

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as soon as you mentioned those two names

in regard to the DMP and the IVA

my spider senses went on alert.

 

 

we need every piece of info you can get.

 

 

dx

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You would I think need some explanations for those additions to the account.

 

You might need to request information from the administrators of the IVA if it looks as though no monies were provided by them to the account ?

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