Jump to content

 

BankFodder BankFodder


mrsimmo189

iva with Pay Plan - can i still cca my debtors?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1652 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Just need some advice on situation,

 

 

my other half is in an IVA through DMP which started last year

I declined entering into one after seeking helpful advice on this forum.

 

 

I would like to know whether he is able to still apply for section 78 on some of his creditors,

Cabot,

Drydens,

Arrow Global

Apex etc

whilst in the IVA or would it not be advisable.

 

 

We were both in a state and sold our house to stop getting into arrears with our mortgage a

nd had to clear 2 charging orders and other bills solicitors and estate agent fees so were left with little equity

 

Would like some helpul advice please

 

 

my husband is retired and is 70 now

so we are only on his state pension and my earnings.

 

Thank you

Share this post


Link to post
Share on other sites

Yes, he can still make s78 requests

 

You might also want to consider making subject Access requests - this is a request for all data in respect of your history with a company. It will cost you £10.00 and the company has 40 calendar days to respond. Do you know if there were any default penalty charges or mis sold PPI that might be reclaimed ?

 

What was the value of the debt carried over into the IVA ?

 

I have posted the links to s78 and SAR requests below.

 

s78 (CCA)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

 

SAR

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**(1-Viewing)-nbsp


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

who advised you to go down the IVA route

sorry but they want shooting

 

 

most IVA providers are only in it for the fees they can fleece out of you.

 

 

I bet most of the debts in both IVA's are either unenforceable or being paid to a DCA/debt buyer

and the IVA provider are in cohorts with them or at the very least ex employees

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Hi I have sent several section 78 to so called creditors and have had one returned asking for more information funnily enough they are agents for CABOT then two more replies for different accounts that CABOT have now Halifax and Barclaycard debts.

 

CABOT are saying they do not have so called information and that they have requested it from original lenders???

 

 

they CABOT say they acknowledge the 12 day time limit etc however as they have to request information before account becomes unenforceble, they anticipate that they can provide this within 40 days?????

Share this post


Link to post
Share on other sites

Doesn't matter what they say, once they are out of time, then STOP paying them otherwise they will continue to fleece you blind.

 

Unbelievable that you were wrongly informed to take out an IVA, as DX says, that is extremely bad advice, I'd be mindful to pull out of it.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

that's cabot std response to a CCa request

 

 

as pointed

they have 12+2 working days from the date you posted it

no CCA by then,

you can stop payments

 

 

tbh this is looking a bit like he's been cash cowed?

whos the IVA provider please?

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

By the sounds of it the IVA provider may be liable for mis selling and it needs looking into. I appreciate that some people claim to say it as it is but I do feel it can be inappropriate to tell posters they have been scammed or cash cowed quite so bluntly. Most debtors , are by their very definition are vulnerable and these sorts of comments may be just too much.

 

How long into the IVA are you? What is the total of outstanding debt as say a DRO may be more appropriate

 

If you stop paying then the IVA will have to fail and you will be back to square one although now you are not a homeowner it may be easier to deal with things

 

Retirement shouldn't be like this for anyone and I fear we will find more and more people in similar situations until we get rid of the present government


Any opinion I give is from personal experience .

Share this post


Link to post
Share on other sites

Hi it was DMP that suggested we both go into an IVA after over 5 years plus in a DMP and not clearing any debts. my husband is in debt of around 64.000k paying £64.00 per month.

 

If he pulls out of the IVA what would happen is it best to try and go SAR route first to his creditors to see how the land lies???

 

All advice greatly appreciated

Share this post


Link to post
Share on other sites

I bet this was a fee paying DMP, who was it with?

 

They failed miserably then if they failed to clear any of the debt.

As for advising you to go for an IVA, terrible advice IMO!

 

How long has your OH been in this IVA for?

 

List ALL of his creditors, the type of debt (loan credit card etc) and amount owed (rough figure will do)

 

Are they all unsecured debts?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

only a year into it at worst so not much lost in payment.

 

 

shall we take guesses upon who provided the IVA.

 

 

I bet I know the culprit!

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

I am amazed that the creditors accepted an IVA at £64 a month, I also imagine that most of that will go to the IVA providers

 

At least at £64 per month the outlay is not too bad (more than I can afford mind) and you will be debt free in another 4 years

 

Personally for that I would have looked at Bankruptcy , there is less stigma to that now than there used to be


Any opinion I give is from personal experience .

Share this post


Link to post
Share on other sites

On look greedy pennies again

 

Dump them and stop paying the iva to them

 

It will fail and then be dead in a few months if not before

 

Sri but you've been had blind

 

DX


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites
On look greedy pennies again

 

Dump them and stop paying the iva to them

 

It will fail and then be dead in a few months if not before

 

Sri but you've been had blind

 

DX

 

DX... Im unsure if the OP is with Greedy Pennies... It was just a thought...


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites

Sorry was on a small screen


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

The IVA is with Pay Plan

 

 

Today had a signed document

no terms contditions etc from Eversheds the service providor of Max Recovery

who asked them to act on their behalf

 

 

this was Originally a Tesco debt

 

So is this still enforceable

 

Thanks

Share this post


Link to post
Share on other sites

max recovery!!

if they have a debt 99% its a lemon.

and doubly so as its eversheds..both utter fleecers

 

 

can you scan up what you got follow upload

 

 

no T&C's means its not enforceable.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Hi

 

so I have entered the next stage to both letters from Cabot do I just wait now as they have not replied within time given. and others too have not replied?

Share this post


Link to post
Share on other sites

pers if they have failed the 12+2 working days deadline

you stop payment to that fleecer.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

so have managed to upload a letter from Cabot and erase identiy etc. The document they have sent is just a policy of terms and conditions no signature and not stamped with Reconstiuted copy ? What to do now?

Edited by mrsimmo189
add question

Share this post


Link to post
Share on other sites

Have you stopped paying?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

can you please list his debts and whom he pays through the iva


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

ah you have

 

 

you ideally need to add to that list with what the org debt type was and who was the original creditor

 

 

if the debts were taken out before apr 2007

a recon is no good for court action

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

No I am still very worried about my husband stopping payment of IVA until we know if the debts are enforcable will check who the original lenders were and who now owns each debt.

 

thanks x

Share this post


Link to post
Share on other sites

then you need to scan each one up as it gets returned

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...