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    • Hello,

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    • 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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Iva with Hanover now been passed to credit expert


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My IVA which I began in 2021 has for around a year now been passed to credit expert - I find this company and it's staff obnoxious and insensitive money grabbing monsters. 

What is my legal right can I have my IVA moved to another ip what happens if Hanover sell my file? 

I am in a real bad situation where my kids are unwell and this crest expert supervisor is saying I should try more than what I agreed, despite my situation being very bad and kids unwell.  

I feel like they are bullying me and I dont know where to turn. 

I keep getting emails saying we at credit expert are in charge of your iva now but still I got messages about my review annual from Hanover which I sent documents and

now I got a response from credit expert saying they think I agreed to pay more

- how ludicrous is that how can I keep these bullies at bay.   

Who can I complain too without messing up my IVA. 

I'm going to post below what they sent me

Thanks

Good afternoon,

 
We hope you are keeping well.
 
In accordance with the terms of your voluntary arrangement you a required to comply with the following modification:
 
The debtor must seek to either obtain full time employment or improve self employed income to equivalent thereof as soon as possible and a full review of the debtor’s income and expenditure must be undertaken by the supervisor.
 
The contributions shall increase after taking into account any increased costs in respect of travel and should commence in the month following the review.
 
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 agrees to provide an income and expenditure review in the month following any loss of child related income. Any surplus identified is to be made available immediately for the benefit of unsecured creditors in the arrangement. 
 
In order to ensure that the terms of the voluntary arrangement are adhered to, I require you to provide evidence that you complies with the above modification along with any supporting evidence.
 
Alternatively, if you believe you are no longer able to comply with the modification please do inform us.
 
I eagerly await your response to the points raised within 14 days of the date of this email.
 
If you have any further queries, please contact Customer Service on ‪0800 0431 431‬ or by email at iva.supervision@creditfix.co.uk.
 
Thank you for your comprehension.
 
Please guys advice me what I can reply as I don't have any more money for these thieves and their annual review is an annual monster nightmare how can I tell them I'm not willing to be bullied and can't paid more 
 
تھا ks 

 

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Is it possible you could qualify for a DRO (Debt Relief Order) and ditch the IVA ?

https://debtcamel.co.uk/end-iva-change-to-dro/

 

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i find it worrying that you've been here with several debt issues since 2009 in staggered threads till 2021 but you blindly entered into an IVA without researching here...which if you had ..you'd see we always advise against doing so because it turns simple unsecured consumer credit debts into a secured arrangement. 90% of what you pay goes into their pocket one way or another and never off your debts.

another alternative is to simply stop paying the IVA and let  it fail.

then we'll help you deal with the debts yourself. 

bet you never bothered to CCA request anyone you are blindly paying thru the IVA either...how do you know they were all even legally enforceable....

 

 

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 was getting Ccjs and bailiffs at my door with young children I didn't know where else to turn - my son is unwell and in hospital alot and to me this is all extra stress as I try and focus on spending time with him. 

 

Yes I've made many mistakes but I only got to understand afyer I made them so it's been quite a nightmare.  But I feel I'm close to the end now and really shocked at how this new iva company is very nasty. 

 

I cant quit my IVA but if they demand more money I may have to quit it.  Tbh because of i keep paying for another 2 years the nightmare is all over. 

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8 hours ago, Alfy said:

voluntary arrangement

it a voluntary arrangement, you can simply stop paying and IGNORE everyone.

block and bounce all their email addresses. do not reply!

there nothing really legal they can do at all.

sorry but you've been had blind from day one.

its a real shame you didnt come here when the debts started going legal, you wouldn't have CCJ's at all as i bet all your debts are Credit cards loans etc - all simple consumer credit.

and i bet you've not had any bailiffs but powerless DCA claiming to be a bailiff (as they do!) . a bailiff is sent by a court not a DCA.

incidentally, even if they were court sent bailiffs,  there not right of forced entry on CCJ debts anyway....

see if you meet the DRO criteria if not just ignore them and stop paying.

you can deal with your creditors directly with help from us not thru a 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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That is so very tempting.   

They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps. 

The debt camel website mentioned above is amazing and helping to.

Education me alot

 

 

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we're much better.:eyebrows:

pers i'd stat fighting back with debt, as if you don't you will never be rid of it.

you've already most probably extended the life of all your debts by another 6yrs by going the IVA route, because the IVA will fail..they always do.

these providers always find some reason at the end of the 5yrs to extend it by inventing some weird and wonderful schemes like sell our mates your equity in your home before we will say it's finished and sign you off.

despite all the bluff and bluster these companies come out with, there is really very very little legal wise they can do to you id you tell them to go......and stop paying and ignore them.

as i said a few postback im really shocked you fell for the IVA and are now falling for more bluff and bluster and thats why you are in the state you are in.

by the way. i was going to ask Credit Expert are a credit file company, are you sure they are the ones Hanover have got to pressure you?

doesn't sound like their remit to me, 1st ive heard of a CRA company winding up debtors for a fee.

can you dump all these emails into a PDF file after redaction so's we can see.?

read upload

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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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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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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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.:whistle:

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? 

 

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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Posted (edited)

Court name

UNKNOWN

Case number

**********

Amount

N/A

Confirmed by

Insolvency Service

Date issued May 2021

Type

Voluntary Arrangement

Notes

If you have questions about voluntary arrangements you should speak to the Insolvency Service.

 

 

I started this in 2021. So it's been about 3 years I've been paying. 

Edited by Alfy
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Gosh mate I've woke up this morning with half the worry I had last night when going to sleep!. 

I can't believe how much this forum has helped me over the years and I don't  have the words to explain the gratitude I feel towards you guys - 

Now that I've slept on it I feel ready to reject this company and my plan is to make them an offer to accept payments to date as full and final settlement

- I will I think write them a letter once my review is completed or maybe just send it now whilst they are reviewing explaining my kids are unwell for which reason I'm struggling to survive and if I can politely request for them to accept payment to date as a full and final

- I'll mention I don't have any cash or anyone to borrow from to offer a full or even part amount of the remaining balance of the iva and therfore am unable to make a offer of payment.  

If they agree to at least even put my offer to the creditors then I feel it's better I hang in there and that way I won't have to deal with any possibilities of more defaults and ccjs 

Right now the only adverse effects on my credit report are the iva that is now 3 years old and 2 Ccj one coming of this July and one thus October. 

But I am worried new action will begin and new defaults and Ccj may start to appear because I've paying into an agreement

im under the impression the 6 year rules starts again, yes I have lost of mixed feelings about this but I'm not going to lie you guys have put some life back into my breath this week as for the last 3 years I've felt caged like an animal and this morning I feel freer

I can't explain how much but certainly my soul feel lighter today thanks to you because I'm now viewing this review totally different to I did yesterday thanks to you guys 

As one of you mentioned above I've been in a mess for nearly 20 years now and I'm ready to sort my credit report out now

- the main reason I got into second round of debt is my kids being unwell and the state considering them not unwell enough for extra help

despite my son being in hospital for 3 months in one year we got extra zero help and I eventually lost my job and got into debt to just I can by my sons hospital bed at his time of need

- my life fell apart and all these debts got me again 

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I concur with DX here, I have been in mega debt, best thing I ever did was find this place and ignored everything.

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

 

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

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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 please 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 

Creditors
Name / Brand POD Balance Received (£) Claim Admitted (Y/N)
Cabot Financial  642.90 Y
Cabot Financial  8,162.07 Y
Direct Legal Collections  0.00 N
Direct Legal Collections  0.00 N
Ee 157920642 0.00 N
HMRC VAS  0.00 N
Lantern UK  284.68 N
Lloyds Bank  2,692.00 N
Lloyds Bank  5,596.00 N
Lowell Financial  1,014.00 Y
Lowell Financial  228.00 Y
Lowell Financial  1,538.00 N
Lowell Financial  1,343.68 Y
Lowell Financial  22,446.00 Y
Lowell Financial  1,189.00 Y
Lowell Group  246.00 Y
Perch Capital  0.00 N
Zopa IVA  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 instalment. 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,

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5 hours ago, Alfy said:

maybe just send it now whilst they are reviewing explaining my kids are unwell for which reason I'm struggling to survive and if I can politely request for them to accept payment to date as a full and final

- I'll mention I don't have any cash or anyone to borrow from to offer a full or even part amount of the remaining balance of the iva and therfore am unable to make a offer of payment.  

none of their ruddy business!

and if they have been pressuring you in o borrowing from friends and family .. THAT IS WRONG AND AGAINST THE REGULATIONS...if you have that in B&W you need to REPORT THEM.

5 hours ago, Alfy said:

But I am worried new action will begin and new defaults and Ccj may start to appear because I've paying into an agreement

once a debt is defaulted and it gone from your file it can never come back.

5 hours ago, Alfy said:

Ccj may start to appear because I've paying into an agreement

not without a fight in court you won't. i think you are getting confused here , just because you've been paying 'creditors' via and IVA it does NOT mean the debt can re-appear on your file, and it does not mean you are more likely to get more CCJ attempts.

statute barring is 6yrs from a debts last payment, but that can't change anything on your credit file.

i really wish you hadn't sent that letter. please dont do anything more now unless you check with us first..no calls, in/out. no emails in/out no letters in/out....thats if you want our help....

NONE OF THEIR BUSINESS STOP GROVELLING to them.

could have been worded alot better and more forcefully.

dx

 

 

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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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Lowell , Cabot etc, I'm not sure how I can politely put this, but F taking money from your kids mouths to pay them!

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

 

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

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3 hours ago, Alfy said:

Claim Admitted (Y/N)

what do you mean? 

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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Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway. 

As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation. 

 

For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through. 

They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit. 

They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have. 

There are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 

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1 minute ago, AndyOrch said:

50K limit on a DRO 

Yee I mentioned after the new regulations. Depends if the amount off to date will take that threshold below £50k

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