www.iva.co.uk

Hi, we have just received a letter from a company called Creditfix, informing us that they have acquired our IVA from Beeley and Co.
They want us to sign a letter to say we agree to them contacting our creditors about increasing the fees to 23%.
Should we just sign or should we be questioning this with Creditfix?

There are a lot of threads on this forum about CF so perhaps read through some of them before making any decision. It probably depends on your individual circumstances as to whether this would be of benefit to you, cause no affect at all or if it could be problematical.

We transferred from a different company to CF, as Michael said, loads on here about CF. Mostly those of us that got the letter saying about changes to contract, decided that it wsn't in our best interests, it went against our original contact and so we never signed. Our current contract is sufficient.

Do a search on here for more info.

The letter states that if we don't sign and return the letter within 15 days, they will take this as consent to the variation in the creditor fee adjustment.
I feel this is not going to be very straightforward.

I think they've learned their lessons from ex PJG clients.

I really don't see how failure to respond can be deemed acceptance. I would love to see an expert opinion on this.

If it stands then you could just as easily write some changes of your own and do the same to them warning that no response within 15 days will be taken as acceptance.

That's terrible. They cannot do that without your consent. Everything you do with Creditfix you need to get it in writing. If you don't want to agree to any changes then send them an email (with a delivery receipt request attached if you can) and tell them so in writing. That way you have proof and can complain if they vary your T&Cs

This is very worrying. Why are they taking on yet more cases when they can't deal with the customers they've already got??

Unfortunately they can which is the lesson that they have learnt.

However, their consent processes are lousy the more that you can challenge them e.g. re PPI that would be undertaken by EIC which is also one of their trading names.

Make sure that you state how you expect them to use your information and who it can/cannot be transferred to without your consent.

Act promptly and be explicit if you don't wish to sign.

Susan Wriglesworth has been subject to disciplinary action before for pushing variations through without debtor consent so we need to watch out for this - and it seems like it might be happening again.

Not responding classed as consent?? What?? thats not right? Why bother sending info then if can fo it snyway! might as well just put copy in our file and say oh yeah we changed them. They surely need our signature for a legally binding change to contract dont they?

Its called implied consent.

Hi all, this is the first time for me being brave and posting (not hiding) so really hope no-one minds me adding to this topic, we are in the same boat as the poster of this topic we have been transferred from Beesley and Co to creditfix and unsure what to do as we only have 15mths left (extension due to equity and not being able to remortgage begins in May) which we have in writing. I will add that it is not stated anywhere that there are any other terms of variation like I know some of you guy's from PJG have had, just the hike in fees, I am really not number savvy so really worried over what this means.We may be in a position soon to offer a full and final (from my parent's wanting to help) I'm so confused if this will effect anything or not? Thanks for listening.
BusyBea 3

But it isn't specifically and freely given, nor is it correctly informed.

I didn't say it was correctly informed consent - just that it was implied.

Once you start looking at Creditfix, their website, the lack of information they provide and/or the way it is slanted the only people that the changes are intended to benefit are them.

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by lifenoteasy

Its called implied consent.

I can't see that standing up in court. How can they prove you received them?

You could just as easily do the same to them and get your own terms agreed.

Doesn't make sense to me. I'd like to see a solicitors opinion on this.