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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well.   But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them.   If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction.   Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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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.

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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!

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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.

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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

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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!!

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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

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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

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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

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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 

 

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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

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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 

 

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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!

 

 

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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 

 

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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

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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 

 

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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 

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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 

 

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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!

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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 

 

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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

 

 

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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 

 

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

 

Thanks 

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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 

 

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