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Creditors Name / Brand Acct Ref POD Balance Received (£) Claim Admitted (Y/N) Cabot Financial IVA 33749505 642.90 Y Cabot Financial IVA 35707961 8,162.07 Y Direct Legal Collections Q5180215 0.00 N Direct Legal Collections Q5185144 0.00 N Ee 157920642 0.00 N HMRC VAS JN434119D 0.00 N Lantern UK IVA M6152941 284.68 N Lloyds Bank IVA 6288 2,692.00 N Lloyds Bank IVA 30963530231568 5,596.00 N Lowell Financial 300092756 1,014.00 Y Lowell Financial 294767660 228.00 Y Lowell Financial 274783943 1,538.00 N Lowell Financial 241096338 1,343.68 Y Lowell Financial 280654617 22,446.00 Y Lowell Financial 264807132 1,189.00 Y Lowell Group 263221038 246.00 Y Perch Capital E0QZ6R22 0.00 N Zopa IVA E04E25C3B7434C8361 0.00 N Total Unsecured Creditors 58,978.33 Total SOA Claim 58,692.00 Fees and Costs £ £ Fee Type Proposed Approved Nominee Fee 1,900.00 1,900.00 Supervisor Fee 1,750.00 1,260.00 Disbursements 0.00 31.00 Adjournment Fee 0.00 0.00 Dividends Approved Dividends at first MOC (p in £) 8.87 Revised Estimated Dividend (p in £) 8.83 Total Dividends Paid to Date (£) 276.29 Dividends Paid to Date (p in £) 0.78 Case Details Income and Expenditure Reviewed N Arrears (Y/N) N Value of Arrears (£) 0.00 Current Balance at Bank 185.72 No. of Months Arrears 0 Original Duration of IVA 60 Payment Break Agreed (Y/N) N Current Duration of IVA 60 Breach Notice Issued (Y/N) N Subject: Request for Settlement Proposal Due to Changed Circumstances I am writing to discuss the current status of my Individual Voluntary Arrangement (IVA), now in its 36th month. Following a recent income and expenditure review with a debt charity this morning, it has become clear that my financial situation has deteriorated significantly, making the continuation of the agreed monthly repayment of £140 unfeasible. The primary reason for my financial hardship remains the ongoing health challenges faced by my two Sons, which have necessitated frequent hospital visits and medical care since 2017. As a result, my employment opportunities are limited, and I am self-employed with Uber Eats to accommodate their medical appointments, hospital stays, and monthly infusions. It is crucial to highlight that pursuing Debt Relief Orders (DRO) or bankruptcy would not yield any additional funds for creditors, as I reside in rented accommodation and possess no other assets or savings. Furthermore, I do not foresee a change or improvement in my circumstances in the foreseeable future due to the long-term nature of my children's health conditions, and the health issues I am now suffering for to the stress of this IVA. I have faithfully maintained my IVA payments for 36 months without missing a single installment. Regrettably, my situation has become increasingly untenable, leading to depression, anxiety, and suicidal thoughts related to the financial strain of the IVA. To avoid defaulting on payments, I have resorted to borrowing money from friends and family, resulting in a further deterioration of my health and consequently even more debt which is definitely not the solution I expected from you. Based on my recent income and expenditure assessment, I am currently experiencing a monthly deficit of approximately £650 due to the escalating cost of living. Therefore, I respectfully request that you propose an early settlement to my creditors, based on the payments made to date, taking into consideration the exceptional circumstances surrounding my children's health and my own mental well-being. My wife too is unwell and unable to work leaving me to look after them all with zero support from the government or council. If it is not deemed appropriate to request an early settlement, I will have no alternative but to cancel the IVA and manage my creditors directly. Additionally, I must convey my dissatisfaction with the service provided by Creditfix, to whom I have been referred from Hanover. The level of service at Creditfix has not met acceptable standards, and I feel confused and unsupported throughout this process. Despite my worsening situation, Creditfix has shown little interest in understanding my circumstances and instead has pressured me to increase payments. Your last email requesting modification and an increase in payments clearly demonstrated to me that you have no interest or concern for my family or my welfare and are our solely to get what you as much as you can, giving zero regard to my situation. Lastly, I want to clarify that I have exhausted all avenues of financial support, and I do not have any friends or family who can lend me further funds to cover the outstanding amount on the IVA. I appreciate your understanding and assistance in this matter. Please advise on the next steps and provide any necessary documentation to facilitate the negotiation of a settlement with my creditors. I have attached a copy of my latest income and expenditure form that I completed this morning that shows how struggling I am right now and can't afford to pay this any longer. Thank you for your attention to this urgent matter. I eagerly await your response. Yours sincerely, -
No because telling a story in your statement chronologically it would be out of run sequence. -
I have just sent my IVA company the following letter in going to wait to see it credit fox accept my request to put to my creditors or request to accept payments so far as my full settlement but I suspect credit fix will try they're best to avoid that happening - I'm confident the credited will agree but getting credit fix to agree is another story. I have today sent them the following letter and if they don't accept I'll stop the agreement and ignore and on that instance plese help me clear all my issues guys as I'm sure I'll need lots of help to get the likes of lowell and Cabot of my back. I do know that most thus debt was taken out around 2009 and 10 and some in 2015 meaning the original debt are all. Over 6 years for sure and I hope you guys can guide me how to deal with them now firstly below is a list of all the creditors with amounts and some are duplicate and then followed by the letter I just sent to iva company
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I see CEL accepted all the stuff about you being a genuine customer and offered to settle the matter for £20. What was your logic for refusing their offer of settlement? I'm not saying you were wrong, we have plenty of cases where motorists have quite rightly told the PPCs where to stuff their £20 offers. Just interested in your reasons for making the decisions you have been making about your case. -
Because its not connected to this claim.....Ideally if you had received the claim you would have requested information pursuant to CPR 31.14 and a CCA request for the agreement. DSAR only reveals your personal data held which would be minimal with the this claimant. You can leave it in if you desire but it adds no weight to your statement. .
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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