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    • The only way to verify whether there is any financial reward for the management is seeing the agreement. That would be required during disclosure IF court proceedings went ahead... Unless you could bring pressure to bear and get a copy?
    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Clinch/Blackhorse Finance Advice for now unaffordable car please - want to VT


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I hope someone can offer advice.

Asking on behalf of my daughter who has mental health issues and can't cope with this sort of thing.

Thanks in advance.

My daughter, who is on benefits due to quite severe mental health problems, purchased a car through Cinch. I think it was between £8,000 and £10,000.

I appreciate it's probably not their business to check on affordability, but at the time I thought it ridiculous she could buy such an expensive car while on benefits. This happened about a year ago I think.

Fast forward to now and as she has moved out of my house, where she lived free, and moved into a privately rented place she can no longer afford to pay for it. These things happen and I'm certainly not blaming anybody.

I just want to be able to help her out of the situation with as little drama as possible 

I was thinking maybe best just to let them repossess the car ,which I guess they will do eventually ,or inform them of the situation to speed up the repossession.

Then apply for something like a DRO to deal with the finance shortfall which I think will be a considerable amount as the car is not in a good way.

I would be really grateful for the opinions and suggestions of the kind and helpful people I know use and run this site.

Many thanks,

Billy.

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It is absolutely cinch's business to check on affordability. If they haven't and you can prove that they have given credit to someone they know couldn't afford it at the time then that would be irresponsible lending.

Naturally this doesn't apply if they could afford it at the time and now can't (cinch aren't fortune tellers)

Don't do anything yet!

How long have they had the car and how long is the finance? Who is the finance company?

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

 

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

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Thanks for replying Lolerz.

She has done nothing as yet apart from being unable to pay the last payment or two.

I believe the finance is with Black Horse.

She has had the car about a year and the finance has about 3 years or slightly less to run with an option at the end to return the car or pay a large payment to keep it.

Thanks

 

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so PCP agreement with blackhorse i will guess?

if she has not paid to the 1/3rd mark (see back of agreement for the figure) then the goods are not protected under the consumer credit act.

DO NOT HAND THE CAR BACK OR LET THEM TAKE IT!! it will cost you dear!! 

where is the car parked, on private land or a driveway? if not get it parked there ASAP and NOT ON A PUBLIC ROAD. (they can simply snatch it once they issue a default notice)

you could start an unaffordable lending claim against CLINCH

Irresponsible lending (IRL) PDL Reclaim Guide - Indepth Step By Step - PayDay loans and Short Term loans - General - Consumer Action Group

if its works everything might be rolled back and cost nothing other than handing the car over but let's see. 

was she on benefits before the move out only too? was her file shot with defaults and lots of outstanding lending when she got the car?

DO NOT do a DRO if you can poss avoid it. as it wont only be for the car finance but all her debts and that turns unsecured debt into a legally binding order. not a good idea. esp as she is renting, they wont like that on her file.

if the IRL  fails then best bet is to do a Voluntary Termination ONLY , she must instigate that NOT let Clinch do a Voluntary Surrender!

VT costs only to the 50% mark.

VS cost the 100% loan amount minus what they get reselling the car.

let us know your thoughts now 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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Thanks dx.

She has never looked at her credit file so I am going to try and help her do it tomorrow.

Pretty sure she hasn't reached the one third mark but I'll check with her tomorrow.

I just read the unaffordable lending thing and didn't really understand it.

I do know it mentions a Voluntary Termination is available in her paperwork.

The car is on a public road but I could get her to move it to my drive if this helps.

She was on benefits while she lived at mine too.

She only really had money for the car because I let her stay for free.

Many thanks for getting back to me. I'll try to find out more tomorrow

Regards

Billy

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IRL is a complaint the finance was mis sold because they might not have done any credit checks on her, which under lending laws they must.

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 have now seen her credit file. It only really shows the car loan and the car insurance.

I guess this means she can't claim they didn't do affordability checks so what would be advice as to her next step?

Thanks in advance

Billy

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ok

well BH aren't known for being nasty etc, they are lloyd a mainstream bank. not like moneybarn motonova etc etc. that can be very nasty.

does she want to keep the car?
but its just going to be if truthful there is no chance of being able to pay for it realistically going forward and ofcourse use = running costs too?

the cheapest option here is going to be VT (has to write) whereby she will only owe to the 50% mark detailed on the back of their agreement. and as its BH i suspect once that is done and dusted , will most probably be persuaded to accept even lower payments.

your thoughts

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 for replying dx.

No she doesn't want to keep the car. It's cost and other running costs are impossible for her now . I just want to get the situation settled with the least amount of stress for her because of her mental health. 

Cheers,

Billy

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  • dx100uk changed the title to Clinch/Blackhorse Finance Advice for now unaffordable car please - want to VT

voluntary termination then.

have a read of this thread CAREFULLY

everything is there in good detail.

MoneyBarn - Voluntary Termination - Moneybarn Issues - Consumer Action Group

thread title updated and moved to the Blackhorse forum

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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let us know

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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