In an IVA Im still being chased by creditors

[Glenn.123]

Im in an IVA, taken out in Sep 10. I am being chased by 2 out of 9 creditors for the debt still. Barclaycard ring me 16-24 times per day, I have spoken with them but they take no notice. egg have sold a debt on to a debt recovery firm named Apex who are chasing me for debt via phone calls and letters. I have told them about the IVA, they ignore me, where do I stand legally on this matter?

[briggadeen]

Get in touch with your IP they will be able to resolve this for you.

Those creditors are bound to stand by the IVA so they should not be contacting you.

[Shining]

Hi Glenn and welcome to the forum, you're fully protected by your IVA so you have no worries there as any creditors included within this can't touch you. Could you ask your IP to talk to these creditors direclty, I remember Mercers (for Barclaycard) were a pain after my IVA acceptance and in the end my hubby lost it with them and screamed down the phone about the insolvency register, it worked they didn't call again but obviously I would not recommend you do this.

Legally I'm not sure where you stand but hopefully someone will.

[MelanieGiles]

Which IP firm are you using? They need to be dealing with this for you, but I suspect that this is just a matter of creditors being tardy in updating their records. There is nothing to worry about, as these debts are bound under the terms of the IVA.

[sadone]

Our IVA was approved on 13th Aug, we are still hassled every day by banks, credit card companies etc. It really gets you down! Our IP has written numerous times to them but they wont go away.

[kallis3]

Who is your IP sadone? This should not be happening now.

You could always change your phone number - at least you wouldn't get hassled over the phone.

Letters can always be ignored or shredded.

[zzalsnp]

Hello all,

I have just had a call from Mercers doorstep collections team.

I explained I was in an IVA (22nd Feb2011) but he was adamant that I needed to pay him. He started off demanding £480, then £76 and finally a token payment of £1 to £5.

I explained over and over again that Barclaycard had voted in my IVA and it was approved. He said that he hadn't been told so had to follow his protocol. He gave me a "final chance" then confirmed my address and hung up.

I am not worried about someone calling, it just bugs me that these people work in the debt/finance sector and don't take IVAs seriously.

I am waiting for the paperwork from my IVA creditors meeting but I was wondering what paperwork I need to show these people so they say "Ok, that's fine. Sorry to bother you"... if they would even say that.

Thanks
Nick

[MelanieGiles]

Such poor communications between the banks and their collectors - it is really irritating but it will die down.

[zzalsnp]

Thanks, Melanie,
I've read the "can and can't do" link from Kallis so will keep the doors locked for a couple of weeks.

[Foggy]

I am talking out of the back of my head here, but maybe Mel can put me straight ... but as the IVA is passed through the Courts, if Mercers did try to collect on the debt, would they not be violating a court order ?

[MelanieGiles]

Absolutely - and there would be one very cross IP on the phone to them if they even got a sniff of going there!

[zzalsnp]

Thanks Melanie, thanks Foggy.
Interesting post, It'll be interesting if they actually turn up.

[zzalsnp]

One last thing on this:

When searching for yourself on the insolvency register site do you search your hometown? How long does it usually take for your name to appear on there?

[Foggy]

I search All Offices and all courts --- Still not on there since December 17th.

[ginger3232]

It usually based on you local court - however if you put ALL courts - it should come up with same informtion

Think is about a few weeks before you name will appear