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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 
    • 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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GMAC Reclaim charges


larry12
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i have just received all the doc`s from GMAC on behalf of my son,even though he increased his payments to pay of the arrears they have been charging him £50pm arrears fee, when he has not been in arrears they charge him £30 unpaid DD fee I intend to claim all of those charges back,is there any problem with that?

Also on his file there is a £100 fee for instructing there solicitor this seems a lot of money just to send an instruction, then there is a charge of £678.75 solicitors cost, I know they went to court to get a repossession order this was granted ,however since that time i have been able to ensure his mortgage payments were made, that is why when we arranged to increase the monthly payments to clear the arrears i thought this extra was paying of the arrears i now discover it is just paying the £50 Arrears fee Do you think i could challange the solicitors fees?

Larry

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Some people have sucsessfully claimed money back from GMAC I am just about to start but I doubt if you will get the solictors fees back that amount seems average for the ist case for repossession it wil include all the disbursmance that they have to have . but arreas fees and dd charges are probally ok

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Have finally received reponse from Gmac - 1 day before deadline for non compliance claim! Letter prepared to send on monday to claim back rip-off charges. Has anyone successfully got arrears charges & bouced fees back from gmac yet?

 

I am claiming for unpaid dd fees and arrears fees/litigation fees - yes £50 pm it seems they called it whatever they felt like at the time. Not bothering to go for the solicitors costs as i think that will go nowhere at this stage. Am going for the items that i am confident of getting refunded then will make another claim later (hopefully) when the ERC debate is decided!

 

capital one £828.62 mcol raised 26/2/07

SPML £1989.72 LBA 16/3/07

Bank of Scotland mortgage £?? SAR 16/3/07

Prestige Finance £330 LBA 16/3/07

GMAC £2465 LBA 19/3/07

Welcome Finance £??? SAR 01/2/07, LBA (NON COMPLIANCE) 13/3/07

Capital one (husbands) £??? SAR 31/1/07, LBA (NON COMPLIANCE) 16/3/07

Barclaycard £??? SAR 10/2/07

Forthright Finance £??? SAR 12/3/07

LLoyds TSB business a/c £296.77 LBA 21/3/07

LLoyds TSB current a/c £??? SAR 10/1/07

LLoyds TSB husbands a/c £??? SAR 10/1/07

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  • 3 months later...

I have just received a letter from Kensington (is there a thread for them?)they claim there charges are fair and my son agreed to be bound by them when he accepted the mortgage offer and in fact there fees are comparable with others in there markets are in accordance with the FSA regulators and the UTCCR (what is that) that also say should i issue court proceedings they will vigorously defend and will seek an order to recover there costs of defending this action.

i am only claiming back charges applied to this account including costs they have added for solicitors

I am not claiming ERC

what do you think? can they claim costs to defend this action?

Larry

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They will all have their own "in house" legal department,. as Mortgages are much more complex than bank accounts..I cant see how solicitors fees will be high, if at all, untill court. I will watch with interest as im only a couple of weeks away from starting my own claim(s). Possibly 3 so i am picking up as much experience as i can first....

Good Luck to you all....

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Are Kensington not the sub prime division of Halifax . I will have a dig out later..

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Larry

 

Kensingtons claims are in this forum as we do not have specific forums for each mortgage company sop here is fine.

 

I am a little confused as you say ion post 1 that you are claiming on behalf of your son against GMAC and in post 5 it is Kensington. Have you got 2 claims on the go for your son?

 

If your son is still with the mortgage company you are cl;aiming from then please be aware that we do not advise this due to the fact some may be less helpful in the fututre should he need them to be.

 

Your right about small claims. Most claims under £5k stay in small track and these do not generally attract costs orders. However be aware that this is not 100% of the time. If the claim is bordering on £5k the Defense may ask for it to go to fast track and costs are awarded in the majority of cases.

 

You mention that you dont know what UTCCR is. This is Unfair Terms in Consumer Contracts regulations. You really need to read up on this as you will have to show how these regs apply to your sons claim.

 

Solicitors fees are not a default charge. Many people are risking losing a lot of money which many can ill afford through being uninformed. You can only claim back charges which have been applied to the account through a breach on your part. So if your son has missed a payment and they have applied £50 to the account, this can be reclaimed. Use this rule of thumb "if its been added to your account as a slap on the wrist for doiing wrong then it can be reclaimed".

The solicitors fees do not come under this rule, although you can ask for the bill to be disclosed if and when it gets to court. Disclosure is normally only in fast and multi track but if you have an allocation hearing you could ask the Judge to make this as part of an order. The worst he can say is no!

 

To round up:

1. Read and understand the UTCCRs

2. Check each charge applies to the rule of thumb

3. Identify each charge and which clause in the contract it applies to e.g charge of £30 for a letter may be linked to clause 3.1 of the contract.

 

Hope this helps

 

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Thank you this is most helpful

yes there are two claims one for GMAC and one for Kensington i take the point of the solicitors costs and will drop them from my claim i have had a letter from them both now saying the charges are fair so the question is "can i reclaim these charges" if so i will issue court proceedings.

As a retired businessman i have a lot of experience dealing with county courts and industrial tribunal's addition i have a son who is a solicitor however i would point out this is not his field of law but he would help me in court

where on the forum is the info regarding the unfair terms

Larry

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I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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with regard to solicitors costs, ask for invoices the solicitors will have invoicesd gmac they will pass the amount straight to u gmac are vat registered and can claim the vat back therefore they should not pass that amount on to u

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how much are they for, we have a costs hearing on 6th August the Judge will make a decsion on what is reasonable that then will be binding on GMAC so it might help you

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  • 3 weeks later...
Larry

 

I Have all the details of the charges on both accounts (GMAC & Kensington) I intend to claim back just the unpaid D/D charges and the £50 per month arrears charges that have been applied to there accounts even though they agreed to pay back and extra £75 towards the arrears (so in effect they were only paying £25 from the arrears account) I am also claiming back the VAT from the solicitors costs because they will have claimed that back through the normal course of business. They seem to want me to go through the Ombudsman as opposed to court?

In light of recent events am i able to issue court proceedings? and can you help with any other info that may help including the relevant unfair trading regs

Larry

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how much are they for, we have a costs hearing on 6th August the Judge will make a decsion on what is reasonable that then will be binding on GMAC so it might help you

Please let me know how it goes you can contact me by email

Larry

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Will do we are preparing for the hearing at the moment they have instructed counsel to appear with the costs clerk a bit over the top what are they worried about!!!!!!!!! its only a costs hearing

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