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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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Jaksmyboy

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

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Hi everyone,

have read great things about this site for help and advice for all things debt and money related!

 

Long story short for me,

 

I've been on an IVA for 1.5 years now.

Last September I enrolled at University (should've done it when I left school but hey ho, lessons learnt)

 

I receive the full amount of maintenance loan to support my studies.

I haven't had a review of my IVA since receiving this money.

Obviously my wages have decreased by about £500/mth to allow me time to study.

 

I'm not happy with my IVA now.

It has recently been passed to another provider as my existing insolvency company 'sold' our account to another.

 

This new company is worse (to contact and deal with) than the original and they were terrible!

 

I have also had some independent advice and have been told that we were possibly mis sold our IVA in the first place and that Bankruptcy was probably a better option for us at the time.

 

 

I have seriously been considering bankruptcy lately.

I have a few questions that I wondered if you lovely people could help me out with;

 

We currently have about £13k debts,

is bankruptcy worth going through for this kind of amount and what would be involved in the process

-what do they mean when they say they have control of your bank accounts and you need to ensure you have enough money for basics..?

 

When filling in the application-the income section, is student finance included in this? I've read and heard conflicting information regarding this.

 

If we stayed on our IVA

-same question as above is/should student finance included in my income

(Ive heard and read that student finance and disability payments and the likes shouldn't be included as 'income')

 

especially in the case of student finance as this is a loan which will need to be paid back and is for studying.

 

Looking at my finances

-income and expenditure

-I have around £185 disposable income a month

(not including student finance)

 

what are my other options for managing my debts if I decide not to go down the bankruptcy route and still want to leave my IVA?

 

I am so sorry for all the questions,

this is just something I really need to get sorted as it is really stressing me out and impacting on my studies and everyday life tbh...:|

 

Any help greatly appreciated.

Lyndsey

Edited by dx100uk
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Cancel the IVA now

They are never a good idea

And I bet your debts are mostly consumer credit owed to powerless DCA's anyhow

 

List them please


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.

 

 

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Thanks for your reply.

Our debts include;

3x capital one credit cards-£3.5k

1x MBNA credit card £3.8k

3x catalogues £2.5k

EON £250

Council Tax £550

HM Revenues and customs £270 (overpayment of tax credits)

 

A few smaller ones amounting to around £1k-cant quite remember where they were from

 

I also have a couple to dispute with the IVA people now I'm looking at it

 

-they took over a claim for PPI which was going through as we entered into the IVA and have listed the companies fees as one of our debts

S

-they never received the funds from the company and surely these fees should've been taken out of the award not added to our IVA?

 

Also I see a debt for £1100 from Council and I have no idea where this has come from-this is not something I am aware of.

Thanks for your advice

Lyndsey

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Sadly the IVA co and their CMC mates have fleeced you blind as they always do

 

Please name them


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.

 

 

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We were with Knightsbridge until they sold us on to CreditFix-both absolutely shocking!

 

They give false advice too-hence me signing up on here to try and get correct advice.

 

Thanks

Lyndsey

 

When you say cancel the IVA now, do I just call them up and tell them to stop taking payments? (They take our payments automatically using card payment) and which option do you advise next...?!:?::???:

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ring your bank

cancel the card

and whilst on the phone

 

get them to cancel the continuous payment authority to BOTH of them

cancelling the card alone is not good enough.

 

they might cancel the CPA with card cancel too.

 

get an sar off to the fleecers too.

 

I bet 90% of your money went in their pockets.

 

oh god that lot

how did you find out about them

wasn't Watch portfolio DMP was it?

 

you'll need to deal with

Council Tax £550

HM Revenues and customs £270 (overpayment of tax credits)

 

in new threads and tell us the story of each

 

use the HMRC forum for that

 

and the ctax forum for the otherone


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.

 

 

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Which lot? Knightsbridge or CreditFix,

 

ive heard horror stories about both!

 

Well we didn't choose Knightsbridge we were referred there via a different company-cant remember their name.

 

And CreditFix well we had no option there....our case was sold on to them!

Cant say I'm impressed though :|

 

Please forgive my ignorance but what is a SAR-I read the linked thread but still didn't understand what sending in a SAR would achieve?

 

So, I cancel my IVA on Monday....then what?

 

I suppose I'm just a little confused as to my options.

 

Reading though a few of the posts on here about bankruptcy I feel so silly going through it for such a small amount,

 

just don't want to go back to getting creditor letters and demands and with some of my accounts now with collection agencies I just don't want the hassle from them...

 

If I cancel my IVA what happens to the funds we have paid in,

 

does it get distributed to my creditors?

 

ept by the IVA company?

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DCA's are NOT BAILIFFS

most IVA providers are eX DCA's employees or visa versa or the Co's are linked to them

same as most CMC's that do PPI reclaims..all out to fleecer you blind.

 

I asked you earlier were these debts with DCA's ..that's why..you didn't answer..

 

an sar gets you everything your IVA providers hold on you and have done for you and where YOUR money went.

 

you need to get ALL the info you can to help us get you out of this mess you've signed up too.


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.

 

 

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Oh right I see, sorry, didn't realise that's what you were asking!

 

Yes the majority of my accounts are with DCA's. Apart from Council Tax and Tax Credits.

 

I have

RBS@Eversheds,

Arrow,

Lowell at TIX.

 

I think I recall my Avon account going to a DCA too (this statement I have is from my last review in August).

 

what does that mean if my accounts are with DCA's, in terms of my next move when I cancel my IVA?

Do I have to contact them directly to make a payment plan with them?

 

Thanks

Lyndsey

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no let it fail

let them chase you

then we'll ask them if they have the signed agreements you made years ago 90% don't

and are simply fleecing you.

 

why do you think the original creditors sold these debts>>>probably because they are all mostly made of penalty charges

 

I've moved your thread to the debt management company forum

read a few threads here

you'll get the idea.


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.

 

 

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I've been in touch with CreditFix.

Its hard flipping work;

a, getting through in the first place and

b, getting them to answer any direct questions!

 

I asked them why I had the charge on my IVA for the PPI claim that they never received,

they couldn't answer the question and have referred it to another one of their departments

-I'm supposed to be getting a phone call about it..

.nothing as yet!

 

I feel I could do with staying with them until they have sorted this out for me as I don't want the hassle of tackling the PPI claims company and trying to prove that the IVA company never received the pay out etc.

 

I'm still seriously considering bankruptcy.

And would like to cancel my IVA asap.

 

I'm just a little worried about doing this tbh...

Weve been on countless DMP before finally ending up with this IVA

and it all just seems so confusing and complicated to me.

 

IF we did take the plunge and go through the bankruptcy application;

what would happen... I mean, what is the process?

 

A friend of mine went through it and said that she was on the phone for over an hour to them going through everything but then other people I have spoken to have said that would only really happen with debts over £100k..

 

We have 3 vehicles in the household, we have 2 cars and a motorbike

(the motorbike is my husbands main mode of transport but we always pick up a cheap car in winter when he cant commute on the bike), would any/all of these be at risk of being taken-values are; £2000 for one car, £1800 for the bike and probably £300 for the second car.

 

Sorry for all the questions, I'm just so confused by it all...

 

Thanks

Lyndsey

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have so you done anything yet advised in this thread?

other than waste you time ringing them

which is not what was advised.

 

there is no need to go BK over the debts you have.

 

you don't even know if they are 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.

 

 

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Actually, I did call my bank to cancel the card as you advised and they told me to contact the company concerned as cancelling the card (and the regular payment) wouldn't necessarily guarantee that the company couldn't set up the payment again (depending how determined they were to take a payment-which I'm guessing they would be quite determined).

 

So I did follow your advice.

 

That's why I called CreditFix initially and thought I would query the other matter whilst I had them on the phone.

 

Most of my debts are pretty recent (the last 3/4 years) so I didn't think the unenforceability would be an issue.

..have they not cleaned up their act in recent years and done things by the book?

I apologise if this is wrong and that when they are sell on to dca they become unenforceable.

I do appreciate your advice and have tried to follow it.

 

Like I said before its all just quite confusing to me and I worry what would happen if we just drop off our IVA,

I don't want to go back to paying into a dmp again and wouldn't know where to start with communicating with the dca...

 

Obviously you are very clued up on all this so it's second nature for you.

I am trying to learn the processes but don't get a lot of time to research stuff....

hence coming in here, hoping for some friendly advice...

 

Thanks

Lyndsey

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so back to post 6 then.

 

whomever you bank is

they are talking bowlarks

go cancel the CPA these IVA providers have

TELL your bank they are NOT to set up any payment plan to them again without your express written authorisation

its YOUR MONEY

take control.

 

the only 3 debts you need to worry about are:

EON £250

Council Tax £550

HM Revenues and customs £270 (overpayment of tax credits)

 

if you cancel the IVA that should well cover those

phone each up

and make a deal with them.

 

the rest of your debts are:

3x capital one credit cards-£3.5k

1x MBNA credit card £3.8k

3x catalogues £2.5k

 

which are all consumer credit

now sold to DCA's

one wonders why they sold the debt for 10p=£1

when they could have taken you to court themselves for the full whack and crushed you...urm..worth thinking about eh?

 

once the IVA is crushed

we can easily deal with those as the forest comes through you door. on an individual debt by debt basis


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.

 

 

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So... when you say 'when I cancel the IVA that should well cover them' will we get money back from the IVA to make some settlements,

 

I assumed it worked like a dmp where money was sent to the creditors every time we make a payment (again, sorry for my ignorance).

 

And now you say it like that,

I guess I understand it a little more-about selling the debts for 10p/£1.

 

I just assumed they sold them on because they didn't want the hassle of chasing payments etc...

 

Thanks

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pwell until we see the sar data we don't know if anything is due back

but if you fail the IVA then any PPI claims are yours

they don't go into their pocket or their old mates pocket

as that's one thing you need to prove

 

where DID that PPI reclaim money go

you indicate £185PCM left

 

thats MORE than enough to service ALL the PRIORITY debts you have and most prob leave you with some of that left.

 

how much are you being fleeced PCM on 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.

 

 

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We currently pay £93/mth but this is due to go up to £270 this month as a HP agreement has come to an end.

 

We were going through the process of claiming our PPI back through claims advisory group before we signed up to the IVA.

 

We got confirmation of two claims just as we were entering the IVA.

The bank that were paying the claims advised us that they would have to deal directly with the IVA company.

 

We sent all the info to Knightsbridge as it was then.

They received the smaller claim of a few hundred pounds but the bigger claim of £3k they never received

-however fees of £1100 from the bigger claim are now added to our IVA...!

 

I think the situation is made even more complicated because we have now been moved across to CreditFix who don't have a clue about how or why these claims advisory group fees are on there or what happened to our claim money..

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eh? why should your iva payments double because an hp agreement has ended!

 

god get of their clutches quickly.

 

not sure who's your bank but if they have 24/7 phone banking go cancel the CPA NOW!!

if the wont tell then to go read the FCA CONC rules which clearly state they MUST action your request immediately

 

as for claims advisory group £1100 fees my god you can do it yourself for FREE with ONE LETTER!

 

sorry but you've been had blind by claims advisory group and these fleecing IVA providers

I bet 90% of what you've paid them never even saw its way off any debts

 

SAR time too ASAP.


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.

 

 

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I posted a while ago on here about my situation, which, unfortunately has gone from bad to worse.

 

My husband and I are now on the verge of applying for bankruptcy, but something is telling me to try f&f settlements with our creditors first (although we would only be able to offer around 15%).

 

So, all in all, we have around £25k worth of debt between us, pretty evenly split, this comprises of;

credit cards,

catalogues,

PPI claim company fee (I never received the payout but they still require their fee) and

a mortgage shortfall of around £4500

(following voluntary repossession in August last year).

 

We have been in an IVA, but this failed in December last year

(following advice not to pay it-as bankruptcy would be our only option after the voluntary repossession anyway).

 

My hesitation regarding bankruptcy mainly comes from the fact that on paper our joint earnings just about cover our monthly expenditure,

 

however I do receive a student finance maintenance loan (as I am a fulltime student), which, on paper would provide around £700/month, although this isn't really the case as there are costs involved with being a student-books, parking, travel etc and we find that we don't really have any spare for 'luxuries' like holidays etc. 

 

Ive read conflicting info regarding student finance and whether the OR counts it as income or not etc.

I have even been advised not to tell them about it or the bank account that it is paid into,

although this doesn't seem right to me,

surely they would need to know about it or would find out anyway.

 

My main worry is that they would see this payment as surplus and want it as payment towards the bankruptcy,

when in actual fact that would leave us really struggling with day to day living costs and it is a loan which,

one day,

I would have to start paying back.

 

I absolutely take full responsibility for our debts,

we have made some really silly decisions and ended up in the situation we are in now.

 

And I absolutely understand that the debts shouldn't just disappear if we can afford to pay in towards them for a while etc....

 

however, I'm just worried that going bankrupt might make our situation even worse.

We're already both suffering from stress, anxiety and depression because of the situation.

 

Thanks for any advice you can offer.

 

Lyndsey 

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There are other options

 

Are you renting at the moment (Or still own your house but with a shortfall of £4500?)


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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We managed to get a rented place after our voluntary repossession.

Thanks

Lyndsey

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old and new threads merged,

 

so where are you upto with cancelling the DMP and getting all the info you were asked to do?

go back to post one right up the top and re read the now merged topic.

 

please then update on what you have done.

 

there is no need at all to go BK when most of your debts are simply failed consumer credit.


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.

 

 

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As stated in my new thread, our situation has changed somewhat (hence why I didn't do what you have done here and add to my previous thread).

 

We were never on a DMP. We have gone through a voluntary repossession, our IVA has now failed and we have been advised (by a few 'experts') that BR is our 'only option'.

 

My current situation and queries relate to the thread I created today.

 

Many thanks

Lyndsey 

 

 

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so what are you debts please

and are you looking at any shortfall.

shame you didn't come here for advice on the VR, we might have been able to minimise your loss or even stop you having to VR, that's never a good idea.

 

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.

 

 

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So, we have ;

£14k on credit cards (Capital One, Barclaycard, Fluid)

£4.5k catalogues

£200 EON-not current provider

£600 Coop energy-not current provider

£1100 for the PPI claim company fee (the payout I never received-so would dispute this 'fee')

£200-misc (a training provider and insurance 'cancellation fee')

£4.5k-mortgage shortfall (property is now sold and we have a letter to state that this is the shortfall-it was a shared ownership property)

 

We have had very poor advice over the past year or so. Only now am I realising that the person we had trusted as a 'debt solutions advisor' and took about £700 of our money, was in fact a fraud-targeting vulnerable, desperate people, that have reached rock bottom.

 

Like I said in my previous post, I take full responsibility for the mess we are in, but am just desperately trying to find the best solution now.

 

Thanks

Lyndsey

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