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    • Feeling tempted to cancel it now but scared that some of the debts will do more Ccj 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 - so effectivly if I'd have not took out the iva I 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years so 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 misold 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 account Lowel 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 creitt file I'd be happy   
    • 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 
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Yorkshire Visa now Marlin Chasing - **Ack'd AS SB'd - CLOSED**


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hi all

Well after turning the house upside down( I do have nice clean cupboards tho)I cannot find the letters to Marlin, so I have no idea what I sent to Marlin and exactly how I worded them. I do know I said the account was in dispute.

I am so mad with myself because I printed copies off until then.

 

Do I not go the statute barred route now ??

 

I know they are going to start because I keep getting phone calls, which I do not answer.

 

Thanks Guys

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hi all

Well after turning the house upside down( I do have nice clean cupboards tho)I cannot find the letters to Marlin, so I have no idea what I sent to Marlin and exactly how I worded them. I do know I said the account was in dispute.

I am so mad with myself because I printed copies off until then.

 

Do I not go the statute barred route now ??

 

 

That is a great pity.

 

 

There is no harm in sending a statute barred letter along the lines of:

 

 

To The Compliance Manager

Marlin FG

 

 

Date

Ref: Use theirs:

 

 

Sir /Madam,

 

 

I refer to the alleged deb for £xxxx.xx as referenced above, please note I do Not acknowledge any liability to Marlin.

 

 

Having reviewed my credit history I have concluded that any such alleged debt is statute barred, there for I will not make any payment or offer of payment now or in the future.

 

 

Marlin will now confirm that this matter is closed.

 

 

Used signed for post check delivery date:

 

I know they are going to start because I keep getting phone calls, which I do not answe

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Thanks Brigadier.

 

If it goes to court because they don't agree, what happens if they produce the letters that I sent and theres something on them I shouldn't have said. Don't want a CCJ after all this time. I was fighting on the "application form and the t&c's" and the way YB tried altering the application form( by cutting off the heading "application form" so it looked like a credit agreement).

 

My husband agrees with you because we want it out of the way now.

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Thanks Brigadier.

 

If it goes to court because they don't agree, what happens if they produce the letters that I sent and theres something on them I shouldn't have said. Don't want a CCJ after all this time. I was fighting on the "application form and the t&c's" and the way YB tried altering the application form( by cutting off the heading "application form" so it looked like a credit agreement).

 

My husband agrees with you because we want it out of the way now.

Hi alamand, it is a case of prodding the sleeping dog, if they have anything to dispute the SB claim let's get it out in the open, it can then be challenged. Mysterious payments of £1 or £10 that just happen to be the fees for CCA requests or SARs are the most likely things to crop up.

 

 

The app form trick is quite common but I have not seen one modified in this way for a long time.

 

 

Brig.

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I have checked the balance and it is still the same so that should be fine,

I will wait for their next letter then, as I didn't respond to their last one.

1 more question, I send what you have put and not the SB one??

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I have checked the balance and it is still the same so that should be fine,

I will wait for their next letter then, as I didn't respond to their last one.

1 more question, I send what you have put and not the SB one??

It is your choice as to which you send I am no lover of template letters for this particular subject.

 

 

I go by results.

 

 

Brig.

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Hi Brig,

 

Well letter received asking for income/expenditure and phone message left from Marlin.

 

I have written your version and it will be in the post tomorrow. Signed for of course.

 

I have checked experian and noddle and no default or anything from Marlin or YB, in fact YB did not put anything at all on all 3 credit reference agency's even at the beginning, which I find strange.

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IMHO it will be SB'd

 

the FOS decision makes no odds.

 

they are just trying it on.

 

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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Hi Brig,

 

Well letter received asking for income/expenditure and phone message left from Marlin.

 

I have written your version and it will be in the post tomorrow. Signed for of course.

 

I have checked experian and noddle and no default or anything from Marlin or YB, in fact YB did not put anything at all on all 3 credit reference agency's even at the beginning, which I find strange.

 

 

 

Good morning Alamand.

 

 

I agree with dx, Marlin have been chasing a raft of SB and unenforceable debts some have been seen on here but I think it's the tip of the iceberg.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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  • 8 months later...

Hi every one

I received a reply stating that the acc is indeed statute barred n the matter is now closed.

Thanks everyone for your help.

 

Sorry I'm late with reply but when I have been logging on the site on my comp, this thread is not showing up. I have logged in through my phone, 1st time ever, and it's now here. Very very strange.

 

Once again thanks to everyone.

Alamand

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