Jump to content


  • Tweets

  • Posts

    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
  • Our picks

Recommended Posts

I have to make a decision on how to clear all this financial mess that I have got myself into and woul appreciate any guidance from the group.

 

I have approx 52k of unsecured debt and was in a dmp but it recently fell behind.

 

Another company (payplan) are advising that my best solution is to enter a iva.

 

I have a mortgage which is up to date and approx 23k in equity.

 

If i enter the iva would they make me give up he equity in the property and also could i lose my home or be forced into bankruptcy if the creditors don's accept the iva proposals?

 

Thanks in advance.

Share this post


Link to post
Share on other sites

If your DMP failed then an IVA will be at risk too. Why did you DMP 'fail'. Once in a DMP if you need to reduce the amount you pay then that what's you do. You will need to give more detail including history of these debts.


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

Share this post


Link to post
Share on other sites

Thanks for your reply, I was in a relationship when i took out the dmp and then after about 2 years i broke up with her, struggled financially for a bit and then foolishly took out payday loans thinking i could pay them back. they started to spiral and i couldnt keep up the payments on the dmp. i regret doing that and now looking for best way out of this if i get a chance to pay back but confused as to est way forward.

Share this post


Link to post
Share on other sites

Hello there.

 

Should you decide upon an IVA please be aware that it is highly likely that there will be an equity clause. This means that would look need to try and remortgage towards the end of the IVA to release some of the properties equity to be distributed amongst the creditors. If a remortgage is successful you will have to pay a higher mortgage instalment going forward. If a remortgage isn't possible the IVA is likely to be extended by a further year. As others have already mentioned you need to be sure that you'll be able to meet the instalments, an IVA is a binding arrangement and can be tricky to modify should your circumstances change.

 

Here is our fact sheet with a little further information: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=26_individual_voluntary_arrangements

 

Best wishes,

 

National Debtline.


For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

Share this post


Link to post
Share on other sites

I have a call with one of the free debt help companies this week to discudd my finances and suggest possible solutions.

My finances are out of control and need to do something

 

Some of unsecured loans have been secured by charging order on my property which is mortgaged.

 

My unsecured debts are high ( approx 50k) and secured excluding mortgage is 15k

 

I have heard that you cant include secured loans in a dmp or an iva so if the company advise an iva /dmp what woul stop these other companies trying to secure all their amounts too?

 

Also, many of my debts have been moved from one company to another but have noticed Natwest have not sent me any reminders or chased payment in over 2 years. Also , they are not showing on my credit report as default payments. Is this a good thing? :)

 

Any advice is appreciated

Thanks!!

Share this post


Link to post
Share on other sites

Hi there,

 

I am currently in a 5 year IVA and completed 3 years so far

 

Appox 30% of IVA was payday loans and I am now seeing many ads from no win/no fee companies claiming that they can get back not only roll over interest but more compensation too?

 

 

Please can you advise if this is a good thing and also if its possible to do this while an iva is active?

 

Thanks

Share this post


Link to post
Share on other sites

Nope. You can do it yourself without using ambulance chasers who want 30% of the reclaim. And if the reclaim isn't a good amount they'll tell you there's nothing to claim? Also did you go into the Iva without actually checking the debts first?

 

Sending Sars, cca requests etc.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Thanks for the reply.

Yes I contacted PP and they guided me through the process but I was anxious at the time to get a deal in place so did not check items you mention.

Is it too late to do that?

I did mange to get some ppi back but that was offset against iva balance

Thanks

Share this post


Link to post
Share on other sites

cancel or default on you IVA

 

read this guide

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?472423-CAG-PDL-Reclaim-Guide-Indepth-Step-By-Step

 

and also get CCA requests off to all the other debts inc in the IVA..

 

sorry you've probably been sc@mmed by everyone inc the IVa provider

 

tell us more of the story and about your other debts in the IvA


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Dear all
Please can you help me with some advice/ tips?

I have a history of large credit debt, ( many credit cards, consol loans, payday loans, ) and following a failed dmp, I entered into a 5 year iva (equity clause applies)

The iva is large 73k is the total debt and so far only 63k is proven.

The iva proposed that I pay 81p in the pound and this was agreed.


In Jan of this year I had paid 32k but was made redundant in Feb & paid the windfall demand of 19k , so now have paid in approx 53k

Unfortunately, due to stress from previous job & debts I am looking for another job but my health has taken a turn for the worse and I'm having to have treatment.

I contacted my iva firm to ask if its possible for F&F settlement and so far they have given me 3 different amounts of what is left to pay ( 7k, 16k & more recently 50k? and that my payment to creditors had increased to 100% due to my redundancy) I queried the 50k stating that this would mean total has exceeded my original debt by 27k?.

Additionally I have been in contact with Fin Ombudsman to ask if its possible to claim refunds on payday loans (30% of my iva balance) and they advised that it was although my iva firm did not advise me this on joining. Also, FOS have said its also possible to claim irresponsible borrowing from cc firms too if they had checked properly that I could afford to pay the credit back.

Is it too late to star these reclaims & also would any refund be classed as a windfall and go to my iva? If debts are wiped out by creditor would this reduce the original total of my iva and mean less to pay in?

My other thought was to maybe see if I can get a F&F agreed & then reclaim afterwards.


Sorry its so much info but any advice is much appreciated

Thanks

Share this post


Link to post
Share on other sites

do it anyway on everything.

yes it will all goto reducing the IVA balance

its a shame you entered into the IVA esp as all you debts are consumer related

 

we have an IRL guide if you need it

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks dx

 

Please could you send me the best link?

Also, if I manage to get back more than my balance remaining on iva would this mean a refund?

I'm very disappointed with iva support since my redundancy, they seem to have become a credit control team and are constantly asking for updates and payment :(

Thanks again!

 

 

Share this post


Link to post
Share on other sites

No harm in cancelling the iva....

did you CCA everyone?

paying any dca's?

 

the irl guide is in the pdl general forum


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi all,

 

I received this kind of letter too & have registered online.

Please do you know if it covers all 3 of their companies ( money shop/ payday uk & Payday express) , unfortunately I was victim to all 3 at some point.. :(

Also, am currently in an iva and MS is included, do you think I could stop paying & ask my iva if that's feasible ?

 

Thanks in advance

Share this post


Link to post
Share on other sites

I thought you were dumping the IVA?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi DX100uk

 

Thanks for your message and also that you remembered my issues

 

I am still in iva but not paid them for 3 months.

 

After my redundancy in Mar I had to pay them 18.5k and thought I was close to ffs but they advised that due to redundancy payment treated as windfall (lol) they were changing the due amount from 81% to 100%

 

I did find another job after 6 weeks but am on probation for 6 months but its not going well as I am stressed from iva and new job.

 

The doctor has signed me off for 2 weeks with anxiety & referred me to a councillor, also written a letter for me to fwd to iva asking they allow me to settle early.

 

So far my original debts were 74k but proven debt was 61.5k 

 

With my payments to date (including redundancy) I have paid in 54k and my girlfriends family are so worried about me they are offering 11k as gift for ffs

 

Payplan were going to terminate my iva and said it could well result in bankruptcy ( I have a flat with a mortgage) but equity of about 80k which I am worried they will go after

 

I spoke to pp today telling them how stressful this all was and it may well be that I don't pass my probation ( I am 59 btw so was lucky to find a job so quickly)

Sorry to burden you with all this but I always respect your advice and knowledge, and PP have worried me by going for the 100% and bankruptcy warning

 

Thanks in advance 

Share this post


Link to post
Share on other sites

Go on holiday with it

Dump the iva (it should be ended by now anyway max duration is 5yrs!!)

 

Whos it with??

Sounds like youve been had blind!!

 

Get a list of the debts up

Send everyone a CCA request!

 

Bet 90% you dont even owe


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Its with Payplan

 

They are holding a charge on my property and the veiled threats about possible bankruptcy do worry me. If I ask to terminate my iva dio they have to release the charge on my flat?

 

Original lenders were

cc (mc&vi)

barclay

natwest

tsb

amex

rsb

bos

Cap one

egg

halifax

mbna

 

loans with 

Welcome 

 

PD loans 

money shop, uncle buck, pounds til payday, quickquid, mem, Wonga, peachy

 

Having said that many are with DCA's like Lantern. Max , Hoist, PRA. Lowell , Watch Intrum ( big ones are Intrum Max  Hoist& Watch)

 

Thanks again!

Share this post


Link to post
Share on other sites

who has a charge on your property?

payplan do not do IVA's either!


an IVA provider cant do that!!

 

are all your debts with the original creditors still or have powerless DCA's bought them now and they are whom were getting paid?

 

dx

 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I would say at least 80% of my debt is with dcas

Payplan put some kind of interest on the property at start of iva so that they are notified if anything were to happen, I thought it was a charge?

They have a branch called Payplan Partnership ltd and always answer the phone as IVA support? They have case officers assigned and I never was able to deal directly with the IP

 

 

Share this post


Link to post
Share on other sites

IVA's do not require a registry charge!

poss marked your credit file as to you are in an IVA, but after 6yrs that as well as all of your debts should now have totally vanished from your file?

 

never heard of  Payplan Partnership ltd

 

something smells here.

who provided the IVA?

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

yes it states PP as the IP company and the practitioner names are shown separately on the docs

 

Thanks 

Share this post


Link to post
Share on other sites

im still not convinced that scheme was operational in 2012 but there you go.

 

I think by charge you mean the existing charges that were secured loans when you started the plan?

 

anyway time to THIS TIME

send everyone a CCa request.

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...