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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Outrageous IVA - financialsupportsystems.co.uk What can be done?


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My son has approached me about an IVA that he's in, asking for advice. When I read the documents relating to it I was frankly flabberghasted and outraged.

 

My son owed £7731 in various unsecured debts and his partner owed  £7713 with one additional joint debt of £1015. So £16, 459 in total.

 

They literally had no money in their accounts and my son's partner, who suffers from mental health issues was suicidal. They consulted an insolvency practitioner that advised them to both enter into an IVA and this is my first bone of contention.

 

My son's debts were probably manageable with a little assistance from the creditors and as they operate separate bank accounts and are only jointly liable for the joint debt and their joint mortgage it does not seem to me that advising either of them to get into an IVA was the best advice.

On top of of that the IP charged them EACH £4410 in various fees that they promised wouldn't get added to the debt.

 

In their state of distress they signed, without any proper understanding, an agreement to pay over 60 months £239 which they have been paying for two years and now it has been just  increased to £444 per month for the final 3 years which will mean they will have paid £21,720 over the 60 months.

 

On top of that the agreement allows for their home to be revalued at 54 months and for them to pay over 85% of any equity they have in the home at that time.

 

I literally feel sick after reading the paperwork. I though an IVA was supposed to reduce your indebtedness.

 

Surely this cannot be right. 

 

Can anyone give any helpful advice?

 

Thank you in advance for any help.

Edited by dx100uk
added A few blank lines only..dx
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Afternoon,

 

I am following.

 

I am no expert but have some experience.  I hope the experts will be along shortly to offer advice.

 

I think it would be a good move to ask each of the creditors to prove the debt.

 

This is done by using the site template letter on this site called a CCA Request.

 

I have been trying to find it but cant so hopefully someone will come along and put a link to the template.

 

What you do is send the letter to each of the creditors and if after ten days they do not respond then legally you can stop paying them until they do respond.  In most cases they will not be able to respond and will either say so or send you a load of mumbo jumbo which is not the original and is unenforceable.  I guess that would mean you stop paying the IVA.

 

My own experience is that I helped a friend in an IVA who had ten debts.  Not one of them could provide the original documents giving rise to the debt so it all went away.  One of them even stated it was legally unenforceable but requested payment continue anyway!

 

That would deal with the ongoing debt and (I think) the re-valuation of the house.  That leaves the original fees of the Debt Management company.  Not sure if anything can be done about that but if they have a professional body or are otherwise governed by someone like the Financial Services Authority then a complaint to the governing body might be in order.   I would expect more knowledgeable hands to be along on this thread soon.

 

Best of luck.

 

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Dump the iva let it fail.i

they are always a rip off and benefit no one bar the providers.

 

i bet all of the debts are consumer credit and 99% being paid to various dcas that will hold no enforceable paperwork

 

 

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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In my professional experience I have never seen an IVA that worked. The process has been horribly exploited by the parasites and sharks that populate the fringes of the insolvency world.

 

But if the IVA fails, bankruptcy action by the 'supervisor' is a distinct possibility.

Edited by mantis shrimp
clarity
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Its in your post 2 Jimmy click it

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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Topic moved to the appropriate forum.

 

Which company  is involved here ?

 

Andy.

 

 

.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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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 OTHER

 

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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  • Andyorch changed the title to Outrageous IVA - financialsupportsystems.co.uk What can be done?

if they walk away as they should the IVA will fail, doesnt need to be modified then!...just stop paying it.

you'll get all kind of pretty coloured letters from them but in the end little they can do.

quite a few threads here on doing that already.

 

they need to get ALL the info from the IVA provider via an SAR.

i will suspect as 99% of the time, they will find very very little has actually gone off the debts, most going on fees and charges to these fleecers, there also could be a hidden full and final pot that they've been siphoning money off too with the mugs that used thems knowledge too.

 

next is to get a complete list of the debts up here .

and if you can we need to see this stupid house equity stripping clause which i hope they never agreed to or has yet to happens.

 

if you are going to put docs up 

please read our upload guide carefully and only use one mass PDF please

 

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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Just to be clear, if an IVA fails then the Supervisor may petition for bankruptcy. Sections 264 and 276 Insolvency Act 1986.

 

Bear in mind that there appears to be a property asset which may interest the Supervisor, who would probably become the trustee in bankruptcy

Edited by mantis shrimp
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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 OTHER

 

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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