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An IVA, defaults, all unlawful ??? Help please..


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Hi everyone,

 

My story is that my wife and I entered into a full and final settlement IVA, whereby we settled around £30k of debt with £12.5k of family borrowed money which we are still paying back on an interest free and emotional basis!:( As you can imaging a pride swallowing experience!

 

  • The original debt was made up of various credit cards namely, Capital One, Barclaycard, Egg, Halifax Credit Card, and two Halifax overdrafts among other things, but the above seem to be the only ones showing on the CRA files as ‘settled’ but all defaulted! And of course the IVA. In hindsight I would have had ‘no defaults’ built into the settlement.

  • I am 95% sure that every one of these would have ‘unlawful’ charges added to the accounts which finally ended up in the IVA and then Defaulted.

  • My questions are:

a) Is a SAR request to each company the best way to establish if I have a case on ‘unfair charges'?

b) Is it better to just write to all three CRA and demand they substantiate there records and prove under no doubt that the information they hold is correct, or correct it. Let them do the work.

c) If it dose transpire that all the defaulted accounts were built up of unfair charges can I then claim therefore that not only are all the defaults to be removed but also our IVA was unlawful and should be removed as it was based on charges that were unlawful??

d) If the above is correct how is it best to go about this. And also whilst I think about it, claim some serious compensation. 8)

 

Any help or guidance on this would be greatly received. :)

 

Many Thanks.

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Guest Old_andrew2018

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Bump will move a post to the top of the list, preventing it disappearing, and enable a person with experience to answer, this link explains the reasoning and process. http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/126507-too-many-posts-going.html#post1323268

 

 

Andy

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