Knightsbridge/CreditFix IVA - treated me very badly - thinking of BK now - help

[dx100uk]

You never enter into pointless letter tennis

They all know the score.

 

If the debt was transferred to then then payments were made through the iva

But thats immaterial now as its cancelled anway

[Jaksmyboy]

@London1971 is this the process you went through and spoke about before?

 

Just wanted an insight into what happens through the process and, ultimately, what happens to the debt etc?

 

Thanks

[fletch70]

I know you originally posted a while ago but I thought I would let you know my story.

 

In 2011 I lost my job, was making token £1 a month to creditors. By 2012 I was so tired of it all I seriously considered bankruptcy - what stopped me initially was I didn't have the funds to do it. I had between 45 and 50 thousand pounds of debt 

 

Anyway I stared what I will call my unenforecability journey . I sent a CCA Request to every unsecured creditor (credit cards and loans), there were a few lets just say that. 

 

Some of the debt owners wrote back saying they couldn't locate the agreement and the debt was unenforceable - great 

 

Some sent back paperwork that was unenforceable ( this really only applies to accounts oped before April 2007) . I wrote back telling them what they had sent was tosh and to go away , most did.

 

Others sent back what looked like good copies of the agreements 

I did what can only be described as blagged it , I didn't pay , told them there responses were non compliant , in fact to one (about 15K) I actually wrote and said if they thought they had a case go ahead and do me a favour, make me bankrupt. They didn't 

 

Now in 2019 my last debt has been statute barred for just over a month, I am home free. This last debt was an overdraft which it took them a while to default so for that one, to be safe the date of default was my statute barred date 

 

I learned a great deal over the last 7 years, I understand the complexities of consumer credit better than I did. I must say, one (Lowell) did take me to court but could not produce the default notice and I know one was never sent so they lost- that was £5000 and they were ordered to pay £2000+ costs - I had hired a solicitor on a fixed fee when it became clear they would not back off. 

 

 

By the way, I also went to University later in life, I graduated last year and am now doing an MA in Social Research 

[London1971]

Just to re iterate, any DCA asking for more info in order to request a CCA is trying to spoof you.  No CCA after 12 +2 days, they can sing for it!

 

Yup this is exactly what I did , CCA'd every DCA, and my story is similar to the poster above.

 

 

[Jaksmyboy]

@fletch70 That's great news! Thank you so much for sharing your experiences. Looks like you're in the clear now. This is exactly what I wanted to know-the whole process, what might crop up along the way and, ultimately, what happens at the end of it all! 

 

Congratulations on graduating!! I believe its a double congratulations when you have balanced life and work and university! Its tough isn't it... What is your degree in?

 

I will have a read through some of your old posts to have a look what might come my way, and thank you again for sharing.

[Jaksmyboy]

Thanks @London1971 so, presumably, they wont provide the CCA seeing as they are asking for more info, so what, it isn't enforceable? Or will it be passed back to Barclaycard or ??

[fletch70]

My degree is in Health and Social Policy - or just social policy, hence the Masters in Social Research 

 

 

With regard to supplying confirmatory info to your creditors 

My view, which may be different to others, in that , so long as it is reasonable then supply it. There is certainly no need to provide a signature but they do have a duty to make sure they send the info to the right person however if they have been writing to you then I would reply saying something along the lines of 

 

'As you have been communicating with me at this address for some time, you must be sure of my identity. If you are not sure of my identity please confirm so I can make a full complaint to the ICO about you sharing my data with an unknown 3rd party'. That kind of puts them in a catch 22 

 

So if its full name and date of birth then yeah- address I am a bit more dubious about 

 

One of the problems with providing old addresses is they can then use that to recon the agreement in the hope that was where you lived when you opened the account. When my Ex died, I wrote to her creditors asking for copies of the agreements so I could pay the debts that were legally owed. One sent back a recon with the address where she died- well I know for a fact she hadn't lived there when she opened the account so they were screwed. Not that there was enough to pay them all anyway but it was one off the list 

[London1971]

You submitted a CCA request, if they still haven't complied after the 12+2 days it's not enforceable.  They can send you a copy of the Old Testament if they like, but it makes no difference to that fact.

[dx100uk]

56 minutes ago, Jaksmyboy said:

Thanks @London1971 so, presumably, they wont provide the CCA seeing as they are asking for more info, so what, it isn't enforceable? Or will it be passed back to Barclaycard or ??

Can't it's been sold

Get reading up

[fletch70]

2 hours ago, Jaksmyboy said:

Thanks @London1971 so, presumably, they wont provide the CCA seeing as they are asking for more info, so what, it isn't enforceable? Or will it be passed back to Barclaycard or ??

Just because at the moment they will not provide the CCA Request doesn't mean you are home free. There are lots of possibilities, they may go quiet because they do not have it, they could sell it on, which might be good for you as the chain of assignment would become more complicated , they might continue to chase you , if they do there is not a lot you can do at this point.

 

The only way they could return it back to Barclaycard would be if very specific terms in their sale agreement are met and unless you have the deed of assignment you can not tell what they are.

 

By the way, when was this account opened and has it always been a barclaycard? I know for example a few years ago goldfish branded cards were sold to Barclaycard as were Egg branded cards before that 

[dx100uk]

ive updated your topic title to better reflect your situation.

 

you sent an sar to the useless IVA provider....?

did you sent one to Claims Advisory Group! lets see where this PPI went.

i'd also p'haps write to them as well cancelling any outstanding contracts they think they might have with you.

 

 

[Jaksmyboy]

Hi all

 

I've been waiting (patiently) for responses to my CCA and SAR letters sent at the beginning of May. I've had a couple of responses-one of each. PRA have sent through the CCA from Barclaycard and Knightsbridge have sent through their info regarding the SAR (quite interesting in regards to the claims advisory group claim as it is clear that Knightsbridge never received the PPI payout but claims advisory group fees were added into my IVA-consequently they are chasing me for it now-I've sent them a SAR).

 

So, my question is, what do I do with all this info now?! How do I move forward with it?

 

Thanks

Lyndsey

[Jaksmyboy]

On ‎04‎/‎05‎/‎2019 at 18:56, fletch70 said:

 

By the way, when was this account opened and has it always been a barclaycard? I know for example a few years ago goldfish branded cards were sold to Barclaycard as were Egg branded cards before that 

 Bit of a delay in responding-apologies. This one has always been Barclaycard.

Thanks

Lyndsey

[dx100uk]

Start a new thread in the bc forum and scan up the return to one multipage pdf please

read upload

as for the ppi fees

though ignore them

you didnt agree to it and signed no contract with them?

[Jaksmyboy]

I don't believe we signed a contract, just all the forms they  send out to you initially so that they can act on your behalf?

[dx100uk]

Urm..VERY debatable..i think not

esp as i bet the firms are linked i bet

[Jaksmyboy]

Heres the link to my new topic in bc 

 

I have also uploaded some of the transcripts sent through from Knightsbridge as part of their SAR

-most of the stuff sent through was creditor letters sent in by me.

 

There are a few more pages of these transcripts from right at the beginning of the agreement but these would need quite a bit of editing as they have a lot of our details on them.

 

 

 

sar.pdf

[dx100uk]

had blind

knightbridge are baines and ernest who also owned the claim advisory group [ex employees/directors]

 

dx

[Jaksmyboy]

So....do I wait for claims advisory group SAR to come through and then take it from there with their claim? I mean that pay out was never received, so surely I can't be liable for their fee?

 

Also @dx100uk I know you suggested I send off a SAR to both IVA companies. I have now received both lots of info back-but not too sure what I'm looking for or doing with it, apart from the obvious lack of PPI claim, not sure what else I should be looking for?

 

Thanks

[Jaksmyboy]

My husband had a claim going through with Claims Advisory Group and was notified of its success just as we were about to enter into an IVA. At which point the IVA company took over the 'claim', or so we thought.

 

On the failure of our IVA in December 2018 we noticed that claims advisory group fee had been added into our IVA BUT they never received the payout (£2900) from Beneficial Finance.

 

I'm disputing the fee (which we are now being chased for as our IVA has failed) but my question about the PPI claim itself is; can we approach Beneficial Finance for the agreed claim or is there a time limit for how long the claim would be valid? Claims advisory group claimed it in 2016.

 

Thanks

[dx100uk]

see where your payments went and if their fees + those equal all the money you paid..i bet not,, hidden f&f pot?

[Jaksmyboy]

I could see that it stated 'cash in hand' £500 or something like that. So what would've happened to that now that the IVA has failed?

[dx100uk]

you are the one with the info not us..

 

[Jaksmyboy]

Can anyone please explain why my posts/topics keep getting moved around?

I'm constantly being advised to 'start a new topic' for that in that section etc, but when I do they get merged with existing topics....?

I felt this query should come under the PPI section-no? 

[dx100uk]

I think the idea was you started a new thread for the pra cca return for the Barclaycard.

the ppi is relevant to this thread as its to do with the dmp provider. so was merged here

there should have been a post but my internet was flaky earlier.

 

dx