Creditor calls after known acceptance of IVA

[Max]

I told my solicitor friend about my acceptance and got around to telephone calls from creditors. He admiited that criminal work is not his field but he did feel that such calls, if threatening or demanding money, could be viewd at Contempt of Court. He is going to check and come back to me

[kallis3]

They are illegal - who could afford to take them to court though?

I think most people are just happy that they have been accepted and that the creditors can do no more to them.

[Max]

I'll tell my friend tomorrow that an ex girl in blue provided the answer!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[kallis3]

I'm sure if you could find a solicitor who was willing to take it on a 'no win no fee' basis, then it could be done.

Be a right smack in the mouth for them!

[kallis3]

I'm sure if you could find a solicitor who was willing to take it on a 'no win no fee' basis, then it could be done.

Be a right smack in the mouth for them!

[tele2002]

Mate I think you just pull the stress card when they call as under the OFT guidelines any calls creditors make are not allowed to cause any stress or be threatening. Oh and they are also not allowed to misrepresent themselves, so you do not have to tell them it is you before they tell you who they are!

[David Mond]

Bang on tele2002.

[Max]

Barclaycard again - four times so far - answered the last one conversation " When ae you goung to pay?" I explained quietly about the accepted IVA. Reply " We have told you we do not accept IVAs". I replied " I am afraid you have option - it was approved and it is in fact a Court Document" Reply " If you don,t pay we will obtain a Court Order". I replied " Then will you please proceed with it and you will find it will not be heard because of the IVA. Reply " The Court will be told we do not accept them. My response was " Then please tell that to the Judge I am sure he will be delighted to hear that you do not recognize his Order". End of conversation!!!

[tele2002]

Fab conversation.... was it Barclaycard themselves or someone representing them?

I'm sure in the OFT guidelines that they can't state that they will obtain a court order but only to advise that non payment could lead to a court order.... I will check or maybe David is that right?

[LoneRanger]

Nice one elv5. Regardless of weather they accept them or not, the IVA was approved and there bound by it. They obviously don't understand what an IVA is.

[Max]

It was Barclaycard themselves this time - there are two accounts - one they deal with themselves the other they put to Mercers - they have not been on for awhile now. What hppens if they did apply for a Court Order - I have not got a clue - it was bluff on my part this morning.

[LoneRanger]

Nothing will happen. They can't do anything. Try not to stress or worry about it. You have an IVA in place they cant touch you. It will take a while before creditors have it filtered through but providing you dont fail your IVA you will be free from it all in 5 years.

[Skippy]

If they do apply for a court order they will be laughed out of court, so don't worry about it. There is nothing that they can do as they are bound by the terms of your IVA x

[Max]

I am honestly not worried now thanks to Melanie but I just wondered what would happen if they went ahead. Thanks for your reponses. I do not think I shall ever understand creditor's behaviour.

[Michael Peoples]

There is clearly a training issue here. If these call centre staff actually knew anything about the law they would hang up after being told about the IVA and ring someone else instead. Why waste their energies 'flogging a dead horse'.