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by TonyF
Wed Sep 16, 2015 12:03 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Thanks for the suggestion' longslog, as I had not thought of that. I will run it by CAB as they have been handling it on our behalf - sounds good, and as we've already drawn their attention to it by way of a letter from CAB, I don't suppose it can do much harm. I would like to know one way or the ot...
by TonyF
Wed Sep 16, 2015 7:39 am
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Longslog: I was waiting in the hope that I would have a final, final answer, but currently...having received no reply, CAB sent a letter themselves. They got a reply from the solicitot to say they were no longer handling the matter. CAB then sent a letter to the bank, and so for have had no response...
by TonyF
Sat Jul 18, 2015 12:42 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Longslog: sent response letter 1st week of June, stating statute barred (CAB advised to try) but so far they have not responded.
by TonyF
Fri May 29, 2015 5:02 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Thanks again for all replies. Latest is that I spoke to CAB, and they say we might as well try 'statute barred' as we have nothing to lose, and it will compel them to investigate that and respond. CAB assigned a case file and will advise on all future contact, but say they think I have a decent case...
by TonyF
Wed May 27, 2015 11:14 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Thank you all. I understand that each person is liable for the full amount, but how far can that be taken - because if you follow that logic they can obtain £12,000 from a £6,000 debt. If they received, say, £2,000 from my IVA (just for sake of argument) are you saying they could still claim £6,000 ...
by TonyF
Wed May 27, 2015 4:06 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Thanks for all this amazing advice and weblinks. One more question if I may: If we end up along the court route - that is if my complaint and Ombudsman leave us where we are now - if we go down the path of mediation and that mediation isn't successful, can we opt out of the court action at that poin...
by TonyF
Wed May 27, 2015 3:23 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Many thanks, Longslog. I am currently looking into whether anything I have - or my wife has - might provide any form of legal cover of this sort. Thanks for your best wishes. Even is small claims...if we lose are we not responsible for their costs if we had to defend it ourselves?
by TonyF
Wed May 27, 2015 3:07 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

My part of the original debt (bank overdraft) was settled by my IVA, but my wife is responsible for settling hers. I am going to issue a complaint and attempt to limit this due to the fact that they could have informed my wife of this 7 years, and by not doing so gave her no chance of settling the d...
by TonyF
Wed May 27, 2015 11:44 am
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Longslog: just an update...have had it confirmed that 'Statute Barred' not applicable because it refers to the account not the individual, so because I made payment via the IVA the 6 year role does not apply. Sadly. Looks to be a real uphill fight, because the dispute - if one exists - appears to fa...
by TonyF
Mon May 25, 2015 11:33 am
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

I guess this from the nationaldebt line is the crucial factor that means statute barred is not applicable to us: A simple contract debt will normally be statute-barred if: the creditor has not already obtained a county court judgment (CCJ) against you; and you or anyone else owing the money (if your...
by TonyF
Mon May 25, 2015 11:27 am
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Ginger: was the last acknowledgement the last IVA payment, or when the IVA began though? Thanks for your comments.
by TonyF
Sun May 24, 2015 11:47 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Hi It's Nat West. We have had no contact from them since the start of my IVA, which was March 2008. They have had some divident from my IVA, but there has been no contact - they didn't even send a statement to my wife to explain how they reached the current figure, or whether it even included those ...
by TonyF
Sun May 24, 2015 12:57 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Two more things: Should I change the wording in the template to acknowledge the IVA payments? Also, does this serve as a complain without including the word 'complaint'? I ask because I know that issuing a complaint stops the clock whilst it's being investigated.

Thanks.
by TonyF
Sun May 24, 2015 12:37 pm
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Longslog101: Thank you very much for that long and thoughtful reponse. I take your point and, I must confess, I did wonder whether it might be the case as you've suggested, but dismissed the idea as being too hopeful. Having read it as you've outlined, there is certainly no reason not to take that a...
by TonyF
Sun May 24, 2015 9:41 am
Forum: Ask IVA Forum and Industry experts
Topic: Now discover after my IVA with PayPlan is over that shared bank account was not fully covered.
Replies: 43
Views: 12396

Thanks for the statute barred item. I think this may not count in our case because I was paying this debt within my IVA, but I will be asking about this before I do any more. My only contact so far with both the bank and the solicitor is to explain why I believed the original debt had been addressed...
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