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    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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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.

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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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  • 2 years later...

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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  • 4 years later...

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 [email protected] by everyone inc the IVa provider

 

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 10 months later...

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 the FOS 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 start 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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...

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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 The National Consumer Service

 

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

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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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

Dear all,

I was able to have an FFS offer accepted by the creditors after 5 years in IVA ( redundancy factored into offer), which is a great relief for me but the iVA partner advised they would not release the satisfaction letter unless I signed a deal that all future PPI recoveries were paid to them.

 

Some history on this ( IVA partner had a sister company look into my PPI about 3 years ago and recovered very little.

 

When the PPI deadline happened I hired my own company claims firm who were charging similar rates and with approval of IVA partner). 

 

They have recovered considerably more and their invoices have been sent to IVA firm for direct settlement as they are being sent the funds currently by the banks/ cc firms.

I also believe that some of the PPI claim should be returned to me ( interest? ).

 

The situation now is that PPI claims firm have not been paid & I have not received anything back either. ( PPI firm is now contacting me).

 

Please can you advise if its legally binding that all PPI must be paid to IVA firm & also if there is a reasonable timeline that they should process these amounts?

 

Thank you in advance

 

 

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