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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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Hi all. 

 

My wife and I are entering Into an IVA, due to my children’s health and this having an impact on my health and ability to work as much we are unable to meet our bills and live. 

 

The creditors meeting was held yesterday and the IVA people have come back to me with some changes which I think are totally unacceptable, my wife and I both have blue badges and receive PIP. We have 5 children, including 18 Month old poorly twins who are often in hospital or at hospital appointments. My wife and I also have regular appointments separately, the reason I am saying this is because one of the changes are in relation to our vehicle which is on finance and more is owed than the vehicle is worth. 

 

I will paste below what we have been sent - 

 

Quote

- The debtors must apply for Carers Allowance and provide evidence of the decision to the supervisor within 16 weeks of the arrangement being approved.  60% of any monies being received as a result of this must be introduced into the Arrangement for the benefit of creditors.

 

- If any instances of co-habitation with the Debtor by any person aged 18 or over occur during the term of this Arrangement and where there is reasonable expectation that Board and Lodging should be paid, the contribution will be added into this Arrangement in full

 

- The debtor must make immediate arrangements for the sale or return of his vehicle, any shortfall may be introduced into the IVA.   The debtor may retain £250 per month to obtain a replacement vehicle with the surplus funds being introduced into the IVA for the benefit of unsecured creditors.

 

- The debtor is to seek alternative car insurance with a view to reducing the currently monthly expenditure.  The debtor is to provide the Supervisor with documentary evidence of his investigations within three months of approval.  Any surplus is to be introduced into the arrangement for the benefit of creditors.

 

- No variation meeting may be called during the first 24 months of the voluntary arrangement which will lower the dividend available to unsecured creditors

 

- Voluntary contributions are to increase to £185 in month 11 when rent arrears end rising as per the original proposal and in accordance with reviews

 

 

 

Now we can’t get careers allowance and if we were to apply again - both being in receipt of pip is likely to trigger assessments on us both again (happened last time we applied for this) 

plus I earn more than £123 per week. 

 

When we were going through the proposal I was assured the vehicle would be protected due to our health status and the need for the vehicle we have. Yet they want me to hand it back, add extra debt into the IVA and find another one for £250 per month - with 5 defaults and a trashed credit record.  ? I have outright refused this so far. 

 

The car insurance one is laughable, who buys car insurance that isn’t the cheapest to meet their needs ! In any case it’s paid now for the year ..... 

 

I can’t agree to no variation meeting for 24 months as I’ve unstable health and ill children, I can’t predict what will happen during that time ! 

 

 

 

Is there a way to approach this to maintain the vehicle etc ?

 

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I seriously question the need for an IVA for consumer credit debt.

 

why cant you deal with them yourself?

 

can you list your debts please?

 

most of your debts as you say are already defaulted so wont be that long remaining on credit files i bet

 

dx


..

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The defaults are all recent, there are more historic ones.

There is £6k of hmrc debt also for tax credits overpayments. 

Furniture finance of £4K 

numerous credit cards which all recent (last 2 years or so). 

 

I can’t list everything as I’m working and don’t have the info with me. 

 

Edit- to be honest we haven’t got the strength or time with our health and babies health to deal with them ourself, it would be too much. 

 

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The creditor demanding these changes is refusing to ‘negotiate’ and causing the IVA to be rejected. 

This is now going to force me back onto beneifits as I’ll have to quit work - not enough hours to cover the bills. Can’t find other work - I’ve tried ! 

 

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probably a good thing then.

 

 


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Just now, dx100uk said:

probably a good thing then.

 

 

How you figure that ?

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post 2.

 

you can deal with creditors by sending our pro rata letter making a small offer.

 

 


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4 minutes ago, dx100uk said:

post 2.

 

you can deal with creditors by sending our pro rata letter making a small offer.

 

 

 

We have over £2000 outgoing bills per month. I can only just afford the £160 Iva payment monthly ..... I can’t see how offering them a lower payment is going to help 

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just type no need to hit quote....

 

then you offer <£5 to each one.

they are duty bound to HELP YOU.

 

if they refuse.

you send the 2nd letter that says you are not helping me 

heres £1PCM till I die ..now go away.

its quite simple

then you've not got a stupid IVA around you neck that does you over for another 6yrs on any credit.

 


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But they will still chase us and can take court action .... not a solution to us ? 

 

 

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no THEY wont..

a dca that buys the debt might..eventually..possibly..

OC's don't do court.

so play them at their own game..they must help you.

that will give breathing space on all debts

then you can re group..

 

TAKE CONTROL its YOUR MONEY

not BE CONTROLLED

as to what you do with it.

 

it really is quite easy once you string things out and break them down

overall to date looking at your threads 

you've done fine.

 

 

 

 


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