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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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Hi,I never posted here before but I need some advice and this seems like the perfect place.My boyfriend had a letter from MH about two months ago, asking him to call and if he wasn't the above named person could he call and tell them. I googled the company & realised they are a debt collection agency. We didn't get in touch as it seemed they wasn't even sure if he lived at the address.He had a postcard type letter yesterday saying: Please call .... no later than september 12th if you are not the above named person please call ..... this is not a circular or junk mail we need to speak to you urgently regarding reference number .....He doesn't remember having any outstanding debts. He was going to get a credit report however I have read somewhere that if you do that MH will know & it will make them chase you further?I don't know whether to:1) wait for them to send another letter detailing how much is owed etc & then my boyf will know if he has that outstanding debt OR2) send them a letter asking for the original agreement OR3) send them the letter claiming that the debt is status barred as neither me or my boyf have any recollection of him corresponding with anyone in the last 6yrs regarding money owed to them.If anyone could offer some advice, I would be really grateful!!

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Hi,I never posted here before but I need some advice and this seems like the perfect place.My boyfriend had a letter from MH about two months ago, asking him to call and if he wasn't the above named person could he call and tell them. I googled the company & realised they are a debt collection agency. We didn't get in touch as it seemed they wasn't even sure if he lived at the address.He had a postcard type letter yesterday saying: Please call .... no later than september 12th if you are not the above named person please call ..... this is not a circular or junk mail we need to speak to you urgently regarding reference number .....He doesn't remember having any outstanding debts. He was going to get a credit report however I have read somewhere that if you do that MH will know & it will make them chase you further?I don't know whether to:1) wait for them to send another letter detailing how much is owed etc & then my boyf will know if he has that outstanding debt OR2) send them a letter asking for the original agreement OR3) send them the letter claiming that the debt is status barred as neither me or my boyf have any recollection of him corresponding with anyone in the last 6yrs regarding money owed to them.If anyone could offer some advice, I would be really grateful!!

 

If you're certain there's been no correspondance or monies paid within the last 6 years then the debt is statute barred. Ignore this letter (but keep it) for the time being and wait to see what they send next.

Just hate every DCA out there

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I'd agree. There's a decent chance that they're fishing for somebody with a similar name, or that they've bought a lemon - a stature barred or unenforcable debt.

 

You've done the right thing by asking for advice here, but for now I'd ignore them and wait for their next move.

 

The most important advice I'd give is NEVER speak to these people by phone: they'll twist your words and try to trap you into admitting that you owe them money.

 

The onus is on a DCA to prove that you owe money, they can't force you to prove that you don't.

 

Do keep us posted :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Thank-you for your quick response!Do you think we should just ignore it even though we can't be 100% sure that there's been no correspondence or monies paid for six years? Also Is it at all possible that they have the right name but wrong person?

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I'd still ignore it.

 

If you genuinely do owe some money, let the DCA prove it. There's a tried and tested route which involves asking for a copy of the original agreement. If it does turn out that there's a genuine debt, and all the paperwork is in order, then you can begin negotiating a repayment.

 

But let them do the legwork!

 

Btw, even if there has been correspondance in the last six years, unless you've admitted a debt in writing (or made a payment) that doesn't affect the Stature Barred timescale.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Thank-you for your quick response!Do you think we should just ignore it even though we can't be 100% sure that there's been no correspondence or monies paid for six years? Also Is it at all possible that they have the right name but wrong person?

Definately. MH specialise in Statute Barred debt and unenforceable debt. They send out loads of letters to people with similar sounding names in the hope that someone will be mug enough to pay them. LET THEM PROVE YOU ACTUALLY OWE money. They wont

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So basically if they send another letter asking for money etc then I should send them one back asking for the original agreement? If they don't provide it what do I do then? I won't turn up at the house or anything will they?I really appreciate your help!

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Don't panic. They're incredibly unlikely to send anybody round, and even if they did a debt collector is not a baliff and has absolutely no legal powers, including right of entry.

 

If and when they send another letter, let us know what it says and we'll take it from there.

 

:)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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They are based in a tatty office in Kilmarnock so unless you live two streets from them they will not call. You have more chance of finding Shergar than thes numpties calling. Wait until you get another lying letter from them and come back here. Personally at the moment I would not waste the £1 for the CCA

  • Haha 1

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Thank-you so much for the advice. I do feel a lot better now. I will wait & see what they do next - I assume they won't leave it there! so will keep you posted when I do hear from them.I'm so glad this site exists!

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I would check your credit file to see whether this DCA has registered it!

 

Oddly enough, I'm going through the same situation & have just been in contact with my local TS who had the audacity to tell me that a DCA can add statute barred debts to credit reference files. To be honest the woman I spoke to wasn't particularly 'clued up' & soon got lost when I started quoting various legislations & guidelines!:(

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ODC - Will def tell my friends, fam etc about this site!Cerberusalert - I think I might just wait & see what their next letter says & if needs be then check my boyf credit file. I just don't want MH to be alerted that we are looking at my boyf credit file. It might encourage them more!I don't understand how they have the rights to do these things, shouldn't personal information be kept personal?!

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I don't understand how they have the rights to do these things, shouldn't personal information be kept personal?!

That's the $64,000 question, sadly.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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IF you do decide to check your file with some of the CRAs cough Equifax cough you should be aware that you will get more letters from other DCAs chancing their arm and trying to pin an old debt on you. Not only that but you will find a remarkable number of loan offers appear through the post. Hardly a coincidence. DCAs and CRAs work very closely together in what couild be cynically described as an incestuous relationship

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