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Posted: Mon Feb 09, 2015 4:27 pm
by julie.1
hi I am in an iva which has just been sold out to a merger to Credit fix I was with Beesleys, they sent me a letter asking if I will agree to them getting 23% from the creditors instead of the 15% that was originally agreed with my iva company Beesleys, I have told them that I am not agreeable to this as I have heard many stories about this company that when you do agree it they then start to vary your IVA. I have rung them to say I dont agree it and was told that if I dont then I will fail my IVA. I am going into my last year which is the 6th year as it was extended due to my financial circumstances. Do I have any rights and what can I do about this.

Posted: Mon Feb 09, 2015 4:34 pm
by abbiesmum2003
Welcome to the forum.

You are not alone. Read through the various threads on here. There are lots in your situation..myself included.

I have not and will not be signing and as far as I can tell will not lead to failure. Have a look at recent/not so recent posts to see whats been going on.

Posted: Mon Feb 09, 2015 4:36 pm
by lifenoteasy
They can only do the increase with your consent.

Tell them to put it in writing including why that was not explicitly stated in the original letter plus why it would cause the iva to fail.

Posted: Mon Feb 09, 2015 4:47 pm
by Rock20
They CANNOT fail your IVA if you refuse to sign. There is many hours of reading on this forum regarding this subject.

Every call I make to CF I record!

Out of interest, have they told you that if you do not respond to there variation, they will take that has you agree to there new Terms?

Posted: Mon Feb 09, 2015 5:07 pm
by ridingthestorm
Classic scare tactics ! I also record all calls to CF using a free app on my android smart phone. Its a real shame that it comes to this, when CF should help and support you through your difficult journey.

I haven't signed my T&Cs and they can't be that important as I haven't yet received a call from them asking why ! Tho saying that, they are probably too busy buying up IVA books.

Posted: Mon Feb 09, 2015 5:08 pm
by Foggy
They cannot fail your IVA for not agreeing to a variation in terms. Even the threat of doing so is contrary to decent customer service and would warrant a complaint to their regulators via the Government Complaints Gateway at:

https://www.gov.uk/complain-about-insol ... actitioner

Posted: Mon Feb 09, 2015 5:09 pm
by hubert
Thanks be for this forum!

Imagine facing that alone. This is exactly the kind of thing that's destroying their reputation.

Actually, looking at how out of date their website is I wonder if they care about new business from individuals or whether they are just now in the business of buying up other company case loads and bumping up the fees.

Ps if you're ever threatened with IVA failure, ask them to state which clause in your terms and conditions they think you are in breach of.

Posted: Mon Feb 09, 2015 5:15 pm
by ridingthestorm
Sorry for triple posts [:(!]



Edit : Fixed for you -- cheers, Foggy

Posted: Mon Feb 09, 2015 5:50 pm
by lifenoteasy
Or you can always sign, put it in writing and specifically state "agreed under by duress" and name the member of staff (although at this stage they may take the old CSA route and no longer let staff fully identify themselves).

Posted: Mon Feb 09, 2015 6:20 pm
by BusyBea 3
Hi Julie.1
I just wanted to post to say you are certainly not alone in this.
We are also in the same situation as you we are about to embark on our extended year, I emailed Creditfix this afternoon to opt out of the variation as I believe is our right, and asked that this be noted, and I got a reply to say thank you and that that's fine we will not be included in the change. No threats of failure, or maybe that's to come..Such an awful lot of inconsistencies between staff and awful that people are being treated like this, anxiety is high enough without these scare tactics.

Posted: Mon Feb 09, 2015 6:26 pm
by grimswold
Hi Julie they are a dreadful company and will tell you one thing one day and one thing another, and they will tell you all sorts which is just not true. Keep your eye on the forum and post any worries that you have because there are some amazing experts and people on here who know the IVA conditions inside out and backwards. I would have been lost without this place and now I take nothing that Creditfix tell me without a pinch of salt! There is NO WAY they can fail your IVA, nor can they change your terms and conditions without your say so, so don't go agreeing to anything unless it suits you to do so.