Help required from Blair Endersby

[Ceedy]

Hi,

I've a question about IVa's for some dear soul to answer !!

My daughter has been getting all forms of threatening letter / calls since the start of her IVA, its been running for just about 1 year so far. Me ( dad ) has just found out.
Have contacted the IP onc eso far and got this reply .
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Have spoken to our Creditor Liaison Team who will be contacting all of your creditors to gain acknowledgement of the IVA, although our records show that the only creditors who have not submitted a claim so far are;
HSBC Mastercard
HSBC Loan
DFS Store Card (GE Capital)
Mint Mastercard.
All other creditors have submitted a claim, therefore confirming that they acknowledge the IVA.

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Can somone explain what this actually means , " not submitted a claim etc".

All of the creditors inc those mentioned above, all submitted proxy votes at the IVA meeting and it was all approved. so is this some
weaselway of having an IVA and still getting away with harrassment?.

thanks for reading..

C.

[Moneystinks]

I'm not sure to be honest but somebody will be along soon who can help. Welcome to the forum though. XX

[MelanieGiles]

Hi there and welcome to the forum

Creditors do not want to have to harass their customers - and in fact do not enjoy doing so. But they want to be paid - and if their internal systems do not recognise the fact that your daughter is in an IVA, then they will continue to chase her. Her IP needs to deal with these creditors directly and get them to stop churning out the standard letters - whilst also ensuring that they are submitting their claims so that they can start to be paid their dividend payments.

[Ceedy]

Hi and thanks for the replies..hope there's more coming .

just a comment !

From a natural protectiveness of my daughter, I'm afraid I cannot feel any symapathy for these companies, poor dears, having the struggle along every day with inept systems of work & poor communications.
Anyone who knowingly enters into a contract, in this case the IVA, actually make the tiny effort to arrange for proxy votes to be cast,
gets official notification of the result and then does not or ( cynical head on here). does not want to record it.. shouldn't be in the business. maybe they are just trying to have the cake and eat etc ..
By hassling and then if/when this fails having the comfort of falling by into the iva loop.

Although now semi retired, I have in been in industry for 42 years, the last 19 i've been an international ISO standards company Auditor for companies systems of work at the highest level , and all these systems should have regular audits to stop in the inherent ineptitude that occurs in big business system!, excuses just don't cut it. !!!
rant over!

take care all

C.

[Julie]

Hi Creedy - welcome to the forum. Its good to have a rant from time to time.

It is frustrating when due to systems not being updated, these letters keep coming. I would have thought a year into the IVA this should have been dealt with by the IP. Your daughter should send the letters to her IP and refer all calls to the IP. The IP should also be chasing any creditors who didn't vote.

In our case the calls etc stopped within 4 weeks (approx) of IVA being approved.

Julie x

[kallis3]

Mine stopped the day my IVA was approved.

If she speaks to them, she could always tell them to check the Insolvency Register whilst she is on the phone. One or two people on here have done so and the calls have stopped soon afterwards.

The only good thing is that the threats are empty ones - the creditors can do nothing.

[Ceedy]

Hi
Thanks muchly for the replies. it ok for me
older and more crotchety.. I don't take any S**T from anyone nowadays, but my duaghter a lot different, much more sensitive ( and financially naive ( hence her problems).
These unnecessary !! "standard" & "empty threats" letters and phone calls up to and in including court action threats have had the desired effect.. shes taking medication for depression.
This is the single reason why I've the Knives out for these debt chasing scum.
oops! rant number 2 ..

take care all
C

[kallis3]

Rant all you like Ceedy..........Just don't do anything stupid with the knives!!!!!!![:D][:D]

[Ceedy]

.. OH blast now you've made me cut my finger
i'll pop them back in the kitchen drawer then ..


C

[kallis3]

Sorry about that![:D][:D]

Of course you could always use the letters if you run out of loo roll![:D]

[Ceedy]

Hi to all again,

Further info..


Despite Contact ( more than once) with BRYAN CARTER & Co.. a gang of solicitors acting for MINT.. and telling them that the whole debt is contained within an exsiting and running IVA , I gave them chapter & verse after the last letter threatening court action , we rec'd today another letter saying court proceedings have been instigated and in the same post came documents from N'hampton county court.


I despair of this bunch of Legalised tossers.. are they just plain stupid ???.. I have set the IP on them , but would love. but haven't got the time to go to court.

Will see who I can complain too, they need to be sorted out.

oops rant 3 over ....

Any comments peeps ! ?

take care all

C.

[kallis3]

What a total nightmare Ceedy!!!

How on earth they can carry on like this when they have been told about the IVA I don't know.

I do know that they will be the ones to look stupid if it goes to court as your daughter is well protected by the IVA, they will have to pay all the costs. I'd want to claim compensation for the distress caused as well, but don't know if you could do that.

If they are solicitors, you could complain to the Law Society.

[Soulgrowth]

What a waste of THEIR time and money! I would love to be in attendance when it came to court!

Your daughter is very lucky to have you as her father Ceedy.

Debbie

[Ceedy]

Just an Update..

Despite reporting this all to the IP, who say they have sorted it out ?? I checked today with the Court an the case has still not been withdrawn.
Will be montoring this closely, bottom line is we go to court and get paid expenses for the day out !. plus maybe some damages ?

Plus .. Another creditor has started sending letters, they also agreed to the IVA so here we go again !!! Nightmare..[:(!][:(!]

Question..
If a Creditor(s) agrees to an IVA are they allowed to sell on the debt , and conveniently it would seem not mentioning the IVA .. I would think not ?? but don't know.

take care all.

[Viki.W]

Hey Ceedy, your poor daughter! The creditors can sell on the debt but they are still in the IVA so don't worry about that. What a pain though. I'm not sure about the court thing but I'm sure someone else will so hang in there for more replys. X