I am very unnerved by demands from debt collectors after IVA finished January 2013

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Michelle.23

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Post by Michelle.23 » Thu Feb 26, 2015 7:24 pm
Thanks slowlygoingunder, thinking about you too. Hang on in there.
Sorry leese what you said means nothing to me maybe ive forgot what they are etc as it seems such a long time ago. Can you enlighten me please. I wasn't a home owner when I did the iva if that's anything to do with it.
Thanks foggy that makes me feel ever so slightly better.
 
 

Leese

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Post by Leese » Thu Feb 26, 2015 11:27 pm
Sorry, I missed that you'd only recently bought your house, ignore me lol.
 
 

longslog101

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Post by longslog101 » Fri Feb 27, 2015 1:18 am
Hi Michelle,

I can understand the panic in your posts, I'm no expert and just starting out on the IVA journey, but I would do the following, it is a combination of what people have said above any my own thoughts.

1. Dig out your old IVA proposal which lists all your creditors and the proposal if you still have it.
2. Get hold of all your statements from the bank that show payments in accordance with the above proposal.
3. Dig out all communication from the IVA firm which shows that the IVA was accepted.
4. If you still have it , print a copy of the "you have since fully completed your IVA" communications from them.
5. Write to the insolvency practioner at the firm whose name is present and/or who put your IVA forward. Asking why you have only just been imformed your IVA failed and for copies of any breaches sent to you over the term covered by the IVA. Also ask for copies of the proposal and statements of your account. If required use a subject access request allowed under the data protection act, if they are difficult, if it was me I would write to the IP, but also at the same time to the "data controller of the firm" with a subject access request https://ico.org.uk/for-organisations/gu ... s-request/
6. Just a thought, you didn't change address over the course of the IVA did you so they could to contact you ?
7.Share the results of what the IVA firm say on this forum
8. How long has this creditor been pestering you ?
9. Ask for the address of said hassling firm and write to the company/debt collection who are Hassling you asking for specifics and proof of the debt and when it was transferred to them, advising that you believe this debt was covered by a completed IVA, and you're in the process of gathering the information to present this to them, in the interim you would appreciate if they would give you 30 days to do this. Advise from now on that all communication should be in written form only as you're concerned that they/ the creditor may have acted inappropriately by selling the debt on which was covered by and IVA.
10. Contact the insolvency service and ask for details of your IVA records, e.g. Does it show started/registered and a completion, or are you still on there ?
11. Don't engage in any further conversations with them.
12. If they do a credit search in you its not the end of the world, I had a credit search alert a few years ago from a debt collection firm based in Leeds and called them asking who the **** gave them access/permission to do that, when they could not provide sufficient authorisation to do it I asked them to remove said search with credit agencies or I would be escalating with appropriate governing body and within 7 days the entry was removed from my file.

Once you're armed with all that information it should make the picture a lot clearer.

Again, I'm no pro or IP but armed with all the above information you should be able to put the pieces together, or people on those former can be better informed to help you as best they can and asses your options.

I would suggest that you don't allow yourself to be intimidated and do not part with any money, it is possible it could be some sick scam.


Let us know how you get on. Remember written correspondence only in the event your need to resort to the governing body.
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register

IVA ended August 2015. Would recommend McCambridge Duffy
 
 

luluj

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Post by luluj » Fri Feb 27, 2015 1:20 am
Great post longslog
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
 
 

lifenoteasy

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Post by lifenoteasy » Fri Feb 27, 2015 7:43 am
There may be a charge for release of documents under a subject access request but that should be £10 maximum.

There are some reasons why they can refuse to release but they will need to specifically state what legislation (including section) that they are relying on.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Foggy

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Post by Foggy » Fri Feb 27, 2015 8:08 am
Great post, longslog, but the advice at 9. is flawed.
Creditors are at full liberty to sell on any debt whether covered by an IVA or not. However the purchaser of said debt is also bound by the terms of the arrangement. Selling off "bad debt" is common practice.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

longslog101

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Post by longslog101 » Fri Feb 27, 2015 9:04 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy

Great post, longslog, but the advice at 9. is flawed.
Creditors are at full liberty to sell on any debt whether covered by an IVA or not. However the purchaser of said debt is also bound by the terms of the arrangement. Selling off "bad debt" is common practice.
Hi Foggy, yes I agree, as you say, any debt sold on by the creditor is governed by the terms of the IVA if it was included in that. So telling said collection from that you believe it was covered by the IVA and it's completed should be enough back them off a bit IMHO, if advising that you're in the process of getting confirmation of this.

Out of interest (and sorry to hijack thread Michelle) do creditors who full well know their debt is covered by an IVA (eg perhaps they were not included in the 75% who accepted the proposal! quickly sell on a debt before the IVA is accepted, or do they have a liability to retain ownership of the debt once the IVA proposal is brought to their attention, or indeed can a firm sell it on in the middle of an IVA ?
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register

IVA ended August 2015. Would recommend McCambridge Duffy
 
 

Foggy

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Post by Foggy » Fri Feb 27, 2015 9:14 am
Longslog, Hi.

A debt can be sold on in the middle of an IVA. These debts are often sold on at pence in the pound and often the buyer knows very little about them and buys them in bundled lots -- similar to those "returns pallets" you can buy from warehouses ... some you win, some you lose.

I find it annoying that there isn't a mechanism whereby, if your debt is to be sold on at, say 20p in the pound, you aren't given first refusal.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

lifenoteasy

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Post by lifenoteasy » Fri Feb 27, 2015 9:16 am
or indeed can a firm sell it on in the middle of an IVA ? - See more at: http://www.iva.co.uk/forum/topic.asp?wh ... 819#577203

Yes they can and frequently do. The other side to this is that we can be sold on by the IVA company that we sign up to as well. PJG did not close down - it passed on those it assessed as not wanting to retain ownership of.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Feb 27, 2015 10:46 am
You need to speak with the IP at Harringtion Brookes. There should be a paper trail showing what was paid, any notices they issued concerning breaches and what they actually did. You would also be entitled to a breakdown of the receipts and payments to see who got what.

You could request a face to face meeting with HB to get this explained especially since you have a letter confirming everything has been completed satisfactorally. Send 1st Credit a copy of this email and see if they have any conflicting information on their files.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Michelle.23

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Post by Michelle.23 » Tue Mar 03, 2015 8:44 am
Hi I have contacted HB with an official complaint. I have asked for details of why the iva failed. Why I wasnt contacted, details of what payments to which creditors and when. Proof of any attempts to contact me. They have acknowledged my complaint and are dealing with it.
In the mean time do I contact 1st credit asking for proof of original credit agreement and last payment on the account. I am tempted to contact them as I am worried they are organising an ccj or something. But I don't want to admit to the debt just in case HB didn't actually make any payments. Any advice appreciated.
 
 

lifenoteasy

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Post by lifenoteasy » Tue Mar 03, 2015 8:59 am
I would say that at the moment you are in the same position as if you were going into an IVA - do not give anyone preferential treatment.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Adam Davies

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Post by Adam Davies » Tue Mar 03, 2015 9:14 am
Hi

I think you need to press HB hard to find out why your IVA was failed, maybe they have made a mistake ?

I would inform creditor concerned that debt was subject to an IVA and that you are in communication with your IP about this, ask them to put contact on hold for 14 days whilst you sort this out

Regards
Andam Davies
 
 

Michael Peoples

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Post by Michael Peoples » Tue Mar 03, 2015 9:43 am
I agree with Andy. Send 1st Credit a copy of the email saying your IVA completed successfully and let them contact HB for clarification. They should at least put things on hold pending the outcome of your complaint.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Michelle.23

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Post by Michelle.23 » Tue Mar 03, 2015 9:50 am
Thanks guys I will do both suggestions and keep you posted.
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