IVA with Churchwood/Kingsgate Insolvency. Money Gone Missing?

[silentmovieman]

Sorry, I didn't mean to offend anyone. I have been and am appreciative of all the help and advice that you have provided me. If you believe that a SAR to NR would be helpful then I will of course put one in, I was merely stating what I believed to be the facts as they stand.

 

I will reitterate that I am by no means an expert and don't want to get anyones back up....bit late for that now I guess.

[dx100uk]

the info could have been back and digested by now......

 

 

trusting and believing what a fee paying DMC says and sends you

as well as several 'known to fleece people' DCA's is very unwise

 

 

looking/believing in any notion or threats of BK or whatever is at this stage

is unwise too.

 

 

the only way to ever properly allow you or us to 'advise'

 

 

is to get every piece of info you can.

 

 

for the sake of £10 it is worth every penny

esp as opposed to someone going BK.

 

 

dx

[silentmovieman]

Ill get it sent off on monday....scouts honour

[silentmovieman]

I do have through the CCA and SAR that I've already done a copy of the original credit agreement and a statement from NR showing the payments made if that helps.

[theoldrouge]

yes, but its the NR correspondence and NR sar narrative that is also required

[silentmovieman]

yes, but its the NR correspondence and NR sar narrative that is also required

 

Looking at what I have in regards to correspondence from NR

it shows that starting balance followed by the payments received up to the point of entering the IVA in early 2008.

 

I am confused by one thing which hopefully will be answered by a SAR and that is whasy happened then.

 

 

I know the debt formed part of the IVA and that through Kingsgate payments were made to the balance during 2009/10.

 

 

However Kingsgate have the reference for the debt as Marlin not NR which I don't get as Marlin didn't buy debts from NR until 2013 did they?

 

 

Certainly thats what a quick google search indicates.

 

I'm sure it will all come out in the wash,

 

 

I'll stop posting now until I have the SAR back.

 

 

What kind of things should I be looking for by the way?

[dx100uk]

notice of assignment will be the date marlin bought the debt.

 

 

as for the sar

 

 

what if it shows differing info from what you have?

that will put the cat amongst the pigeons.....

 

 

the things that will help a lot

 

 

is to post stuff up.

 

 

i'e what you are relying upon so far to stte what you are

 

 

and the other stuff too.

 

 

you might not spot stuff we do and vica versa

 

 

and TOR is a devil with the paperwork details too.

[silentmovieman]

Couldn't find northern rocks address on the library link so looked elsewhere and found this.

 

Northern Rock PLC

The Data Protection Officer

Freepost NT 45

PO Box 2

Newcastle upon Tyne

NE3 4PL

 

Is this the right one?

[dx100uk]

sounds ok

 

 

dx

[silentmovieman]

Sent it off today

[silentmovieman]

New letter from Marlin just arrived.......notice of intended escalation. Their underwriting department will now determine which action to take -

 

A solicitor being instructed to determine whether to go to County Court

 

Or

 

A licensed collection agent being instructed to make an appointment to visit home and arrange a repayment plan

 

Or

 

An alternative debt collection agency being instructed to collect debt

 

Should I send them a letter telling them that I am querying the balance and waiting for a SAR from Northern Rock? Would this mean that they have to wait until I received the SAR before they can act?

[dx100uk]

std threat-o-gram

 

 

no need to do anything.

 

 

dx

[silentmovieman]

Random thoughts regarding this following today's letter -

 

Alternately should I write making a token offer of payment (£1 per month etc) and see what their response is to that?

 

 

I have not given them a breakdown of our income and outcome as your advise

was to not provide them with anymore information than is necessary.

 

If they decide to go to County Court am I right in thinking that they have to provide me with 14 days written notice?

 

Also does their agent have any right to come in and discuss the account or can I simply refuse them entry?

If I remember rightly I think you guts told me they don't.

 

Finally as this matter is now escalating it is seeming more and more likely that my wife will have to file for bankruptcy

since the debt is more than £15,000 and we have absolutely no means to repay it.

 

 

I do not take this decision lightly and understand the repercussions of it having been through it myself.

If it is the final resort however am I right in thinking that as soon as I inform Marlin that my wife is filing for BR

then they must stop trying to chase the outstanding debt from her?

 

Please note I only mention BR as there are others debts owed by my wife separate from this one and the total debt owed is somewhere in the £20,000 range.

[dx100uk]

Random thoughts regarding this following today's letter -

 

Alternately should I write making a token offer of payment (£1 per month etc) and see what their response is to that? no!

 

I have not given them a breakdown of our income and outcome as your advise

was to not provide them with anymore information than is necessary. none of their business

If they decide to go to County Court am I right in thinking that they have to provide me with 14 days written notice? - with what paperwork?

Also does their agent have any right to come in and discuss the account or can I simply refuse them entry?

If I remember rightly I think you guts told me they don't. - they are not and never can be bailiffs

Finally as this matter is now escalating it is seeming more and more likely that my wife will have to file for bankruptcy

since the debt is more than £15,000 and we have absolutely no means to repay it.

 

 

I do not take this decision lightly and understand the repercussions of it having been through it myself.

If it is the final resort however am I right in thinking that as soon as I inform Marlin that my wife is filing for BR

then they must stop trying to chase the outstanding debt from her? - unknown

Please note I only mention BR as there are others debts owed by my wife separate from this one and the total debt owed is somewhere in the £20,000 range.

 

 

if all her debts are as dodgy as thsi one I'd not be doing that.

[theoldrouge]

"Finally as this matter is now escalating"

 

they have only sent a standard threat o gram to see if you take the bait

 

Lets wait and see what the sar says

[silentmovieman]

I asked Kingsgate why the NR debts were listed as joint and why the payments to creditors were done as they were and here's their response -

 

I acknowledge your comments regarding the liability to the Northern Rock debts, both debts were listed as joint on the Proposal document which was sent to you for your approval prior to convening the initial meeting of creditors. Unfortunately I can not confirm why the debts were listed as joint however this will have not no adverse affect on your IVA. The fact that the debts were listed as joint on the Proposal does not affect who’s liability it is to pay the debts now that the IVA’s have failed.

 

 

 

Dividends are only paid to creditors after they have submitted a final claim in the Arrangement and the Supervisor has accepted this claim. As some creditors submitted their claim earlier than others they were paid earlier then others, the creditors who submitted their claim later were paid the same percentage as the others.

[silentmovieman]

THe SAR request came back yesterday with the postal order attached. NR have also enclosed a letter stating that they need a signed authority.

 

 

Does this mean that my wife just has to sign the request?

 

 

I had sent the letter without her signature after what you guys advised me about sending her signature to Marlin and it being in her best interests not to do so.

 

Was also thinking that Ill send a letter to Marlin stating that they need to be patient whilst she awaits the SAR under the following parts of the FCA sourcebook -

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

 

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

 

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

[dx100uk]

sorry our fault

you must always sign an sar.

 

 

dx

 

 

leave marlin alone

[silentmovieman]

sorry our fault

you must always sign an sar.

 

 

dx

 

 

leave marlin alone

 

So just sign and resend the letter?

[dx100uk]

with the £10 yes

 

 

she hasn't moved since taking out the loan has she?

or are NR already aware of her present address?

 

 

dx

[silentmovieman]

Moved a few times since taking out the loan, that was one of the issues I guess in that Kingsgate never wrote to us after default I guess because we had moved.

 

The NR letter just asks for signed authority so I'm hoping that's enough. We have also got married since iva defaulted.

[dx100uk]

ok see if they comply

 

 

I bet they wriggle

 

 

dx

[silentmovieman]

So NR sent the postal order back again today.

 

 

THey claim that they cannot send the SAR because my wifes signature is not the same as the one they have on record.

 

 

Obviously this is because she is married now

and theyre asking for a copy of her passport or driving licence.

 

Should i send them a copy of the driving licence along with a copy of our wedding certificate just to cover all bases?

[dx100uk]

wrong thread

 

 

dx

[dx100uk]

try again right thread now.......

 

 

sorry I thought we advised that if she has moved

or changed name etcetc

 

 

a good idea is to include a copy of the recent ctax bill too

ifher name is on it.

 

 

there no real need to include driving licence

as that proves othing to them

 

 

the sign will be diff on that

so will the address etc etc.

 

 

ig you can if you like