T&C Mass Variation CF

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thisusernameistaken

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Post by thisusernameistaken » Sat Jun 20, 2015 8:08 pm
Jesus Christ, CF are a bunch of ****s! I KNEW something like this would happen.

No letter for me yet (I guess there's still time) but I have an email back from them acknowledging my refusal to request or agree to the variation. If I've been included in it then there will be ****ing hell to pay.

One thing REALLY concerns me - they say that they need us to 'opt out' - NO! None of their letters are sent recorded delivery and I don't think it would be too much of a stretch to state that I doubt they ever actually get posted at all.

If they've included me I will be reporting them and SW. Any changes to my arrangement WILL be undone otherwise I will hold them and my creditors in breach of contract.

In addition to the concerns outlined by Hubert above, one of the biggest I have is that it may well put all of us on to the newer protocol (which I believe is tilted less in favour of the debtor). I wish to remain on the terms to which I agreed and nothing more or less.

What a bunch of ****s!
 
 

MrsR

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Post by MrsR » Sat Jun 20, 2015 8:24 pm
I've just seen this post.

Our F&F concluded our iva early in April, and today my hubby and I received the paperwork you have all mentioned, following the meeting from March that was held, with a letter of apology for not sending it out earlier due to an oversight.

Such an absolute mess.

Claiming 20% for working to such poor standards just doesn't seem right.
Started IVA 27th Feb 2012 - Due to complete 27th Jan 2018 !!

Full & Final submitted and accepted 30th March 2015, paid 10th April 2015 - 3 yrs 1 month into IVA :)

Completion Certificate received- 30th April 2015!!
 
 

MikeyM

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Post by MikeyM » Sat Jun 20, 2015 8:33 pm
It seems that the creditors have breached the terms of the IVA by agreeing to the fee increase without the consent of the other party to the contract i.e. you.
 
 

thisusernameistaken

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Post by thisusernameistaken » Sat Jun 20, 2015 8:35 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MikeyM

It seems that the creditors have breached the terms of the IVA by agreeing to the fee increase without the consent of the other party to the contract i.e. you.
I was literally just thinking that.

I would like to know what ramifications it has for us when THEY breach the contract?
 
 

recovering

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Post by recovering » Sat Jun 20, 2015 8:55 pm
But did the creditors know we were not informed or had not agreed?
 
 

hubert

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Post by hubert » Sat Jun 20, 2015 9:08 pm
It seems like CreditFix are acting unilaterally with impunity. I don't get how this can happen.

Our creditors are owed thousands. Why are they taking this?

It's bad enough for us but they are losing out without (as we've seen) consultation.

I am starting to wonder if Susan Wriglesworth even has anything to do with CreditFix.

When she falls, maybe another obedient IP will take her place, accept plump cheques and shut up.

Her "signed" letters look like they were written by a chimpanzee with a typewriter.

Update :- Being objective, let's stay cool and see what CF's answer is to individuals who questions about how a change took place without authorisation.
Last edited by hubert on Sat Jun 20, 2015 9:16 pm, edited 1 time in total.
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recovering

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Post by recovering » Sat Jun 20, 2015 9:15 pm
Is She an actual IP? anyone still have the details of the complaint that was upheld against her? would be interesting to see if it was for the same thing
surely that would support our complaints ?
 
 

recovering

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Post by recovering » Sat Jun 20, 2015 9:18 pm
I agree about trying to stay calm! I haven't even had a letter yet
It is shockingly wrong though
I feel a bit sorry for Greg and the people who answer the phones or emails
 
 

thisusernameistaken

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Post by thisusernameistaken » Sat Jun 20, 2015 9:21 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by recovering

But did the creditors know we were not informed or had not agreed?
That will be the key question!

Here's the evidence that Susan Wriglesworth has form for EXACTLY this behaviour in the past:

"Investigation Committee Disciplinary Consent Order Publicity: The Investigation Committee (“The Committee”) issued a Disciplinary Order by way of Consent against Mrs Susan Wriglesworth (of Shipley, England) pursuant to Committee Rule 5, on 4 March 2010. Mrs Wriglesworth was found liable to disciplinary action under Article 66.1.1 by reference to her conduct as Nominee in relation to an Individual Voluntary Arrangement (‘IVA’), being found to have breached the Association’s Guide to Professional Conduct and Ethics principle of Due Skill and Section 258 of the Insolvency Act 1986 (as amended) by failing to obtain debtor consent to IVA proposal modifications and failing to evidence that certain concerns of the debtor had been addressed. Mrs Wriglesworth was reprimanded, fined a sum of £1,000 and ordered to pay a contribution to the Association’s costs of £500."

Source: http://goo.gl/4w9rfL

Maybe this time they'll actually strip her of her right to practice. I'm actually starting to wonder whether she actually exists or is just an 'entity' to hide behind.
Last edited by thisusernameistaken on Sat Jun 20, 2015 9:26 pm, edited 1 time in total.
 
 

Stevob3181

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Post by Stevob3181 » Sat Jun 20, 2015 9:30 pm
So breaching an act of parliament by way of completely ignoring section 258(2) or the insolvency act!

Regardless of me being debt free and having completed my IVA ( with the CC firmly in my hand) I'll be lodging a complaint as I can prove (by way of correspondence from CF) that I DID NOT AGREE to any changes and DID opt out of CF go down that route.

Regardless of my IVA being done and dusted this is a matter of principle now.
 
 

recovering

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Post by recovering » Sat Jun 20, 2015 10:27 pm
£1000 fine in comparison to a hike of 5-8% in fees of all of our IVA's is peanuts though
I Would like to think the variance was reversed as well??????
I still do not understand why our creditors have accepted this????
What have they gained?
 
 

Foggy

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Post by Foggy » Sat Jun 20, 2015 10:30 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by recovering

£1000 fine in comparison to a hike of 5-8% in fees of all of our IVA's is peanuts though
I Would like to think the variance was reversed as well??????
I still do not understand why our creditors have accepted this????
What have they gained?
They gain a compliant IP [;)]
My opinions are merely that .. opinions based on experience. Always seek professional advice.
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recovering

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Post by recovering » Sat Jun 20, 2015 10:39 pm
I don't know what to say or do to be honest
 
 

thisusernameistaken

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Post by thisusernameistaken » Sat Jun 20, 2015 10:43 pm
Since my property is involved, I'll be calling on the legal cover on my home insurance to pursue through court if necessary.
 
 

hubert

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Post by hubert » Sat Jun 20, 2015 10:53 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>...I'm actually starting to wonder whether she actually exists or is just an 'entity' to hide behind.
Well... she has a LinkedIn page https://uk.linkedin.com/pub/susan-wrigl ... a0/862/415
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