can creditors pass on our financial information?

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m.k

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Post by m.k » Tue Jul 01, 2008 6:15 pm
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We had a fixed sum loan agreement with Ashburn for a subscription (membership to sport club) However having entered into an IVA this loan was listed as one of the creditors(they were the only creditor that voted against the IVA). Even though the IVA went through in April , this compoany will not stop to get money from us, they have now contacted the club Secretary advising them we are over 3 months in arrears and getting the club secretary to contact us at home regarding this. Can they do this? pass our financial information onto the club, when to all intents and purposes the debt is with the finance company themselves and they are listed as a creditors.
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kallis3

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Post by kallis3 » Tue Jul 01, 2008 6:18 pm
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As far as I am aware all creditors should cease to contact you once your iva is agreed, regardless of what they voted. However, if you have membership of a club, I suppose that they would have to inform the club that your membership was no longer current, otherwise you could keep going in when you haven't paid.

Wouldn't have thought that they should be getting the club secretary to ring you up though.

I'm sure one of the experts will be along with a more indepth reply.
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indebtforever

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Post by indebtforever » Tue Jul 01, 2008 6:29 pm
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get in touch with your ip to contact them
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MelanieGiles

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Post by MelanieGiles » Tue Jul 01, 2008 8:35 pm
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This creditor is bound under the terms of your IVA and should not be pursuing you directly. i suggest that you warn the finance company of a report to the Financial Ombudsman if this behaviour continues.
Regards, Melanie Giles, Insolvency Practitioner
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Storm

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Post by Storm » Tue Jul 01, 2008 8:49 pm
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These types of credit agreements are full debit back - this means your sports club will need to repay the credit provider and as such they will inform the club when you are in technical default so that they can reclaim the monies.

You need to ask the club secretary to provide details of the instruction to contact you in writing so that the case is not simple hearsay.
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