Debt Collection Agency while in IVA

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jimmyc

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Post by jimmyc » Wed Feb 27, 2008 4:22 pm
I have been in an IVA since September 07. Everything has been going smoothly until a few weeks ago, one of the debts included in the IVA was sold to a DCA.

Even though I explained to them that the debt was included in the IVA and that I am legally covered, they continue to send letters. I have also just found out they telephoned my house this afternoon and spoke to me father and tried to get a payment from him (we both have the same name). Obviously they didn't complete a security check and now my father is on my back about the matter. This is also surely a breach of the Data Protection ACT.

I have already advised my IP about this continued harassment. Is there anything else I can do to get these people off my back once and for all. Can I complain to any regulatory body ?

Sorry to rant, but am ready to explode.
 
 

ianmillington

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Post by ianmillington » Wed Feb 27, 2008 4:26 pm
Was the debt actually sold, or has it merely been passed to a collector?

Whichever it is, you should ask your Supervisor to formally confirm to them the approval of your IVA. If the debt has actually been sold, the identity of the creditor has now changed, and as a result the Supervisor will need to update his records anyway, so he should intervene on your behalf.

Ian
Ian Millington
Insolvency Director
PDHL Ltd (formerly Personal Debt Helpline Ltd)
www.pdhl.co.uk
 
 

jimmyc

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Post by jimmyc » Wed Feb 27, 2008 4:37 pm
Not actually sure Ian, the original debt at the time of the IVA was with Kays Catalogue.

The latest letter is from Red Castle Recoveries who say they are acting for their client Phoenix Recoveries.

Will have to get back to my IP again.
 
 

Lisa2009

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Post by Lisa2009 » Wed Feb 27, 2008 4:39 pm
A phonecall to them from your IP should do the trick. Forward any letters they send you straight to your IP. They will get the message in the end.
http://mrsskint.blogs.iva.co.uk/ 'Our Story'


Nil carborundum illegitimi
 
 

Oliver

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Post by Oliver » Wed Feb 27, 2008 4:44 pm
Contact your IP as soon as you can as you should be afforded legal protection from behaviour such as this.
Best Regards
Oliver
 
 

Adam Davies

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Post by Adam Davies » Wed Feb 27, 2008 7:31 pm
Hi
This is unacceptable and you need your IP to write to the collection agency and to Kays,ask to be copied in on the letters sent.
Regards
Andam Davies
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