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 Mar 05, 2015 1:35 pm
I have just spoken to HB apparantly the iva failed in its 60th month. They sent me a completion email jan13 tried to contact me by post may 13 as the email was sent in error (I moved April 13) and various emails at work (I was on maternity leave)
They had a meeting with creditors nov13 and it was decided to terminate the iva. They sent details of this to my old address nov 13. It didn't cross my mind to notify them of my new address because as far as I was concerned I was free !!!!!
Am I up s**t creek without a paddle
 
 

Foggy

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Post by Foggy » Thu Mar 05, 2015 1:41 pm
That is horrendous to fail in the 60th month !!!

Why did they fail it ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michelle.23

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Post by Michelle.23 » Thu Mar 05, 2015 1:44 pm
Apparently there were 5 more payments due and they couldn't contact me.
Horrendous, I feel so ill
 
 

lifenoteasy

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Post by lifenoteasy » Thu Mar 05, 2015 1:56 pm
I think that this is going to take someone like Michael or Andy to help with.

It is so extreme that all I can hope is that it is seen in everyone's interests to get sorted.
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.
 
 

MrsR

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Post by MrsR » Thu Mar 05, 2015 8:12 pm
That is absolutely terrible !

I really hope you get this sorted out.
Started IVA 27th Feb 2012 - Due to complete 27th Jan 2018 !!

Full & Final submitted and accepted 30th March 2015, paid 10th April 2015 - 3 yrs 1 month into IVA :)

Completion Certificate received- 30th April 2015!!
 
 

longslog101

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Post by longslog101 » Fri Mar 06, 2015 8:30 am
My personal opinion as an observer is that writing to the regulator with a clear timeline of events, the regulator may rule in your favour that the IVA should be ruled on as completed and HB acted inappropriately, based on...

timeline
Date - entered into IVA
xx payments made in accordance with IVA
Date - email from firm sating IVA was complete (enclose copy)
date - leave work on maternity
date - move house

proof of documents added:
Your IVA agreement
Your proof of payments/statement from HB
your email saying all completed
your letter from them saying when it failed and why and their subsequent actions

If it does, I would draw reference to the IVA agreement wording - during term of IVA you are obliged to keep them updated of change of contact details address etc (key point being during term of IVA, they mailed you to say was completed so you took this to mean you were no longer bound by these terms, in accordance you stopped payments and no longer notified them of change of particulars.

Dates - what you have since found out
dates - conversation with HB

evidence included - written account from HB about your account.



Also, I don't get how they were able to contact you by email to advise you were complete, yet couldn't contact you to say you were in risk of failing by the same email ? Also had you changed your phone number so they couldn't call you either ? If there is a logical explanation e.g. they were mailing work and you were then on maternity post "you have completed IVA email" then explain so, i.e. cover all questions the regulator may want to know.

If I sat on a regulator board I would rule in your favour, for me the key would be to present all information clearly. first page cover letter, second page simple bullet point time line events with ref numbers to appendix/exhibit 1,2,3,4 etc and in appendix/exhibit (referred to in each pullet point) a copy of the relevant communications/documentation that supports your case.

Key thing is to have everything in writing from HB as to why they did what they did and when and include this.

again, I'm no expert but it is the route I would take.
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
 
 

longslog101

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Post by longslog101 » Fri Mar 06, 2015 8:39 am
ps, once you have all the above information in writing I would let them know this is your intention and confirm they are not willing to review their actions, so that you have completed their internal complaints procedure, which the regulators generally require these days, so see that you have tried absolutely everything with the company and they still are not behaving appropriately.
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 Mar 06, 2015 10:35 am
Very good points, longslog.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Bradders

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Post by Bradders » Fri Mar 06, 2015 7:55 pm
I have a very low view of this company based on my step daughters experience of them cold calling her (not allowed), taking payments off her and refusing to reply to emails questioning their actions.

Yet they won a prestigious IVA award not very long ago.

Eyes.Wide.Open.
 
 

linrog

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Post by linrog » Fri Mar 06, 2015 9:20 pm
Hub been great with us
full final paid over 29/2/16 cc arrived 12/4/16 its all over
 
 

longslog101

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Post by longslog101 » Sat Mar 07, 2015 4:12 pm
It would seem HB are no strangers to poor communication and have been pulled up about it before, can only help support your situation Michelle !!

http://www.theguardian.com/money/2014/d ... mpensation
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
 
 

Michelle.23

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Post by Michelle.23 » Sat Mar 07, 2015 4:43 pm
Yes thank you for that. I am going to collect as much info as I can and fight it / them. I am going to see what they say in Monday when and if they ring me back. If they say that's it and they can do nothing (which I fully expect) then I will start my process. Thanks for your help,tips, support. I'll keep you posted.
 
 

longslog101

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Post by longslog101 » Sun Mar 08, 2015 4:02 am
just a thought, seeing as you are in effect potentially in dispute with the company I would personally avoid telephone conversations and have all correspondence in writing. even by email. If, however it can't be avoided could I suggest that using whatever means possible you record the conversations with them.

even if that means speaking to them on your phone on speaker phone and using another phone to record the call (voice memo app or similar).

A number of times when dealing with large firms i have found they tend to "change their story" when thing get serious and realise you can't be fobbed off .

Presenting them with a transcript of conversations which they have denied has proved useful for me historically when dealing with banks, insurance firms and in other areas of dispute and suddenly they correctly remember the correct version of events.

of course normally asking them to retrieve a call they have recorded for "training purposes" often doesn't seem to be achievable due to technical issues !

I hope you don't have to rely on the above but, better prepared for the worst if this proceeds to regulator.

oh & btw you don't have to tell them you are recording.http://www.ofcom.org.uk/static/archive/ ... rvfaq3.htm
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
 
 

Adam Davies

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Post by Adam Davies » Sun Mar 08, 2015 8:09 am
Hi

Terrible to fail a person's IVA after 60 payments due to no contact for a few months. Strange how they can keep an IVA open for years to chase PPI claims but can fail it quickly after a short period of no contact

Don't let this one go, press HB for answers and try and complete the IVA [as it has failed this will be near impossible ] and if no joy then launch a formal complaint via the regulator

Regards
Andam Davies
 
 

Shining

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Post by Shining » Sun Mar 08, 2015 10:01 am
As others say don't let it go fight it and for it to fail late on is awful.

If you are going to record any of the conversations which I do think is a good idea,, please start the call with this call is being recorded if it's to be used by a 3rd party.


Do I have to let people know that I intend to record their telephone
conversations with me?
No, provided you are not intending to make the contents of the
communication available to a third party. If you are you will need the consent
of the person you are recording.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
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