CREDITOR HASSLE WHILE ARRANGING IVA

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markss

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Post by markss » Fri Feb 15, 2008 8:45 am
is there a letter template i can use to inform creditors that i am arranging an iva? i think the worst period is waiting for my iva to be drafted / propsed whilst creditors seem to ignore my ples for more time until the iva is in place.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Feb 15, 2008 8:47 am
Surely your IP has provided you with a sample letter, and has also written to the creditors themselves? If not, e-mail me you details and I will send you a copy of the letter we use for our own clients.
Regards, Melanie Giles, Insolvency Practitioner
 
 

shazzles

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Post by shazzles » Fri Feb 15, 2008 2:18 pm
hi
I have had a few letters from cahoot, going on like "your account is over its limit" etc etc, i have just put them to one side at the moment as my creditors meeting is imminent..
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vickir

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Post by vickir » Fri Feb 15, 2008 2:26 pm
Thoam Charles gave me a letter to send out to all my creditors, take Melanie up on her offer, it will get most of them off your back.
 
 

cr15py

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Post by cr15py » Fri Feb 15, 2008 2:30 pm
I must admit, I never actually got a standard letter from my IP - but I did forward all my communication to them, and they dealt with it for me.
Chris
Visit my blog at http://cr15py.blogs.iva.co.uk
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JoeB

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Post by JoeB » Fri Feb 15, 2008 5:10 pm
Hi I am afraid even writing to them (as I did!) does not do much good - they will still call and go through the routine - they have their job of calling all clients in arrears and they will!. But nothing bad can happen during the normal time period that it takes for an IVA to be sorted from what I have seen here and from our exp - 6-8 weeks. So just be polite tell them you are proposing an IVA and sit tight!. Other postings have suggested

disconnecting your phone in the evening (we did this - really helps when after a while the constant calls really get to you)
Call them - pre empt them and say you are proposing an IVA no change talk to you next week!
block their number vua BT
if you can screen the calls and not answer

It really upset my wife when we went through this and try as I did some companies were great and stopped calling - called every week or so for an update - or I called them but others were really aggressive and called regardless. So I did a combination of the above - I always answered the phone - and in the evening we disconnected.

Hope this helps - the main point is although it does not feel like it this period is relatively brief - you are on the way to sorting things out![:)]


And one thing for almost certain - no one will come to the door!! (even if Mercers say they will)
 
 

Robbiecat

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Post by Robbiecat » Fri Feb 15, 2008 6:17 pm
I had a *charming* call from Robinson Way today, where the woman on the other end of the phone was exceptionally rude and agressive, demanding to "know the situation".

When I informed her that the "Situation" was that I had signed my proposal with my IP yesterday, she then informed me that the conversation was being recorded and that she wanted to know who my IP was because she couldn't take my word for it. (i.e, she called me a liar).

When I asked her directly if she was calling me a liar, she said "No, but she couldn't take my word for it". When I told her that was effectively calling me a liar, she told me "not to be a smart ass" and that the phone call was being recorded!!! She then went on to lecture me about being an irresponsible person with my finances and how they were going to vote no on my IVA...

I told her to find someone else to try and harrass and scare because it wasn't working with me, and to read her paperwork file because I was sure that my IP had contacted her (I know she has!). I also informed her that if she was going to continue being abusive I'd be making a formal complaint as she had rung me, and I was being polite....

I think these people do it to get on a powertrip.

Unfortunately for the silly mare, she got me BC this morning instead of AD....

(BC - Before Coffee, AD - After Donuts [:D])

Robbie Cat

Some people are just really sanctamonious and rude.
 
 

iva.com

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Post by iva.com » Fri Feb 15, 2008 6:36 pm
Hi Mark,

As the other posters have mentioned these calls, although annoying and sometimes persistent, are just a tactic that some creditors will use to try to get you to pay them some money. Try not to worry too much about them. Once your IVA application is approved they will stop. The letter that Melanie has offered to send you should help.

Robbie, I'm sorry to hear that you received such treatment from a creditor. It surprises me that some people believe that these methods are useful.

Good luck with your applications, please let us know how they go.

Kind regards,
Terry Balfour
IVA.com
IVA.com - The IVA Comparison Site
100s of reviews, All IPs and IVA firms rated.

Use our IVA firm comparison tool to find best IVA firm for you:
http://www.iva.com/iva_comparison_1.asp
 
 

Robbiecat

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Post by Robbiecat » Fri Feb 15, 2008 6:42 pm
It's par for the course, Terry. Some creditors are really polite and helpful, some are idiots on a powertrip. I take very few prisoners these days anyway, and at at 8.15am, having just got out of bed to answer the phone on a day off, I wasn't in the mood to put up with her cr@p! [:D]
 
 

Adam Davies

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Post by Adam Davies » Fri Feb 15, 2008 9:52 pm
Hi
I just wonder how creditors would react if they knew just how some of these 'representatives' spoke to people.Robinson Way are collecting this money on behalf of a creditor and therefore represent that creditor
Regards
Andam Davies
 
 

jpj

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Post by jpj » Fri Feb 15, 2008 10:06 pm
Im sure most creditors know ! you dont pass a debt over to be collected ,expecting the debt collection agency to bombard the debtor with roses and chocolates till they pay up in submission..LOL
 
 

Robbiecat

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Post by Robbiecat » Fri Feb 15, 2008 11:10 pm
I must admit, I've started having a lot of fun and being REALLY difficult when I do get the occasional phone call from a creditor, because they have ALL been notified in writing about the situation and should have updated their systems.

Typical phone call (I had it today after Robinson Way, so to be fair, they didn't have have much hope of a civil conversation because it was still BC)

Creditor: "Hello is this Miss X of 16 we'll-now-pronounce-your-welsh-road-name-completely-wrong"
Me: "Yes"
Creditor: "Can you please confirm your date of birth"
Me: "No"
Creditor: ::Pregnant Pause:: .... "Why not?"
Me: "I haven't any idea who you are, and you haven't answered any of *my* security questions correctly for me to tell you"
Creditor: We're recording this call for training and quality control purposes.
Me: Good for you, although I'd like it on record that I don't give you permission to do so.
Creditor: Can you pay X-amount today?
Me: No.
Creditor: ::Pregnant Pause as they try to work out what to do next as this call isn't going according to their script:: .....

I used to make it a policy to be polite as curtosey costs nothing, but the gloves came off a while ago - around about the time I started getting the really offensive and agressive calls telling me I was irresponsible and a liar, etc, etc.

RC
 
 

Lisa2009

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Post by Lisa2009 » Fri Feb 15, 2008 11:16 pm
[:D][:D][:D] i liked that it gave me a giggle
http://mrsskint.blogs.iva.co.uk/ 'Our Story'


Nil carborundum illegitimi
 
 

cr15py

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Post by cr15py » Fri Feb 15, 2008 11:59 pm
I wish I had the balls to say something like that - really makes me chuckle!!!!

I actually think that people don't pay credit cards/loans for the sheer hell of it, and not because they are in financial trouble. If we had the money to pay the loan/CC do you not think we would??

Some of the tactics they use are a bit below the belt to be completely honest. Yes, I know we owe them money, but it can still be dealt with sympathetically and with some empathy.
Chris
Visit my blog at http://cr15py.blogs.iva.co.uk
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Reviva UK

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Post by Reviva UK » Sat Feb 16, 2008 12:45 am
Hi there
my experience is that the major high street creditors who have a reputation to protect are on the whole reasonable, it is when it is passed to a debt recovery agent - there are loads of them - that things usually become less professional and more aggressive.

some of these folk don't have a lot of training and really just follow a script.

thoughts;-

1. If it gets too much you can advise them that they are harrasing you and that you will be making acomplain under the "section 40 of the administration of justice act 1970"
The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of:

of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (1) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment
.

There are penalties and fines for companies and individuals and it may mean they loose their consumer credit licence which would cause them a huge problem.

2. It has always amazed me that in a society riddled with identity theft we are all too willing to answer any question from a complete unknown phoning up. i.e a stranger phones up and "for security reasons" asks you for your date of birth, mothers maiden name and other personal info. I think it prudent to follow the banks' advice and not give out personal info on the phone. Ask them to write instead then you will have a document as proof.

3. Finally for data protection reasons if you cannot confirm your identity they are unable to continue the call.

hope it helps
Paul Johns
Reviva UK
Assisted Bankruptcy Specialists
www.revivauk.com
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