Creditor failed to vote???

[frequentflyer]

My IVA was approved on 28th Dec 2007, one of my creditors Diners Club failed to vote at the meeting.
Today I got a letter from a company called ARC credit management stating the account had ben passed to them for collection and unless I pay them a 'substantial' sum in the next 10 days they will take me to court.
I have phoned them and informed them of my IVA given them the relevant details and told them to check the insolvency register which they said they would do. I have also spent half an hour trying to get through to Diners Club with no success.
Can anyone advise what the situation is when a creditor fails to vote?
Also why is it they have not responded to the IVA when advised by my IP?
Im hoping they will now be aware, but Im concerned they will now proceed to court proceedings....

[carlmcmullen]

Any creditor who is entitled to vote, which Diners card would be, are bound by the arrangment once it is approved regardless if they voted or not.

It normally takes 3 months to filter through to all parties involved as the communication with creditors is not the best.

I would make your supervisor aware that ARC have contacted you as they will be able to fax a chairmans report over the them, but you have done the right thing by directing them to the Insolvency Register so the can check for themselves.

It is not unusual for a creditor not to vote.

They will not be able to take any legal action against you.

[frequentflyer]

many thanks or your help and information.
What concerns me is the fact that it seems very much a case of left hand and right hand in this process, and although I have told them the situation, they must get told all kind of stories some of which are just being told to give people breathing space etc. I was led to undertand that the IVA gives us protection from creditors once it was agreed.
What is to stop them from sending people round to my home etc etc..

[MelanieGiles]

Get them to check that you are in an IVA by referring to the Register of Individual Voluntary Arrangements which can be found on the Insolvency Service's website. This ought to provide the ultimate confirmation that you are in an IVA and therefore that they are bound by the terms of that arrangement.

[emma_t]

Hi frequentflyer

Citi financial failed to vote on my iva and there was a personal loan of around £8 owing and a credit card with a small £500 debt on it.
I am suprised they did not vote and phoned them after I had a demand letter, when I rang they referred me to the 'iva department' and said I would not be contacted again by them.

Don't worry it will all settle down soon[:)]
Emma x