Can a creditor still make demands

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jondg

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Post by jondg » Wed Oct 15, 2008 2:18 pm
I am currently in my third year in and IVA and have just started to get letters through demanding I pay some debt owed. The company that I owe the debt to are included in the IVA and have agreed to the terms and conditions. I have today just received a final notice now which states that legal proceedings will commence if the debt isn't paid immediately. I have been paying my IVA monthly and never missed a payment. I have had anual statements through from my IP showing that the payments have been made. I have spokent to my IP and they have told me to ignore the letters and forward to them. However as stated previously I am still getting them. The debt has now been passed onto an outside recovery agency. Can a creditor still make demands like this once in a IVA? Isn't there something in the terms and conditions that means they are not allowed to do this? Have they broken the agreement of the IVA? Any help you could give would be much appreciated.
 
 

kallis3

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Post by kallis3 » Wed Oct 15, 2008 2:29 pm
Hi jondg.

They shouldn't be sending these letters,although I believe that there is some new legislation that states that creditors should send statements of account out once a year (stupid when you are in an IVA, but still). It may be to do with that.

You could always phone them and ask what it is about and just reiterate that you are in an IVA, or you could just ignore them. They can do nothing to you at all.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

iamfrench

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Post by iamfrench » Wed Oct 15, 2008 3:05 pm
Image
Image

If you are going to post, please do it in English and I don't appreciate being called stupid.
Last edited by iamfrench on Wed Oct 15, 2008 3:15 pm, edited 1 time in total.
 
 

emma_t

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Post by emma_t » Wed Oct 15, 2008 4:52 pm
Wow Jan don't know what that was about, but see you are quick of the mark as always[:D]

I initially receieved demands just after my iva was accepted but since then nothing at all, the only letter I got for a while was ones telling me that max recovery have brought up most of my debts and just informing me of that.

it must be disheartening to get letters like this after so long, but nothing wrong with giving them a call and making sure they do not send anymore.

The most important thing is you are fully protected in your iva and creditors can not enforce anything now.

hope you get it sorted
x
Be positive & look after yourself, there are more important things in life than debts....

Best Wishes

Emma x
 
 

kallis3

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Post by kallis3 » Wed Oct 15, 2008 4:58 pm
It was someone with nothing better to do. I can still read an insult, even when it is posted in French!

If I get any of those letters they will be put straight into the shredder! How much money do these institutions waste on paper and postage?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

chardonnay

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Post by chardonnay » Wed Oct 15, 2008 5:45 pm
Hi There and welcome,
As the others have said your IVA is binding and to the best of my knowledge they can't take out court proceedings so try not to worry. Phone the company if you can, reminding them of your IVA status and send the letters toy your IP.

What was all that about Jan? It came out of no-where on this post??!!
Chardonnay[:)]
Chardonnay
 
 

kallis3

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Post by kallis3 » Wed Oct 15, 2008 5:59 pm
It was just someone with nothing better to do. Me and Skip deleted it all. It was on another post as well.

Gave my eagle a much needed outing anyway!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

chardonnay

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Post by chardonnay » Wed Oct 15, 2008 6:17 pm
Hi Jan,
Great to know you're all on top of posts like that. It does make you even more grateful for the super people on this site and also wonder how some minds work??!!
Chardonnay x
Chardonnay
 
 

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Post by admin » Wed Oct 15, 2008 8:41 pm
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