I have just recently had an IVA approved (over 80% creditors accepted it).... Now, 3 weeks later I've just seen Basildon county court has enforced an Attachment of Earnings order against me for one of my creditors that accepted my IVA... The first payment came out this week..... I thought you were protected from any further legal/Debt chasing while covered by an IVA?
Speak to your iva company - they should be able to help with this.
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.
You should have been told of the potential AOE before it went to court and your IP should have been able to stop it. I am sure they will sort this for you.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
I would imagine this was overlapped and the creditor either started the ball rolling pre IVA (maybe trying to get his "foot in the door" first) or was slow catching on. Your IP should be able to sort this out for you.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I did speak to my IP and he said he would contact the court but couldn't guarantee how long it would take.... It has so far been 4 weeks (at £35.10 per week) on top of my agreed IVA payment of £86 per month. I've still heard nothing from my IP about when these payments will stop. Now I've just received another letter from the court saying a further £237 per month will be stopped from my salary for another debt. This is now a over a month after my IVA Started (17 March it was agreed).
I was under the impression that an IVA would put a stop to any further claims.... I'm not feeling particularly protected by it at the moment.
It was agreed that I could afford £86 per month (paying the IVA)... I am now going to be paying £475 a month (out of my £1000 per month salary for who knows how long), I'm extremely worried cos this will effectively break the camels back... Is there anything else I can do as I'm worried my IP isn't really taking this seriously?
You are fully protected by the iva and this should not be happening. Have you spoken direct to the IP or a caseworker ? I would be on the phone insisting I speak to IP and insisting this is resolved immediately - it is unreasonable for you to be penalised in this way with an iva in place.
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
I have not come across them before, so cannot comment on them specifically. I echo what Luluj says --- have you spoken to the IP direct, or just a caseworker ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
A quick scan of their website indicates that your I.P. is likely to be Paul George, and the site also makes mention that his view is that clients should have direct access to the I.P.
Therefore, if not already done, call and insist on speaking to Mr George, I am sure he will want to make good on that, and will also be very perturbed at this turn of events.
Further, from the information you have given, any monies already taken from you should be returned as the creditor(s) in question have no right to take these funds to the detriment of both you and the other creditors in the IVA. They are not, in my opinion, an asset of the IVA and should be repaid to you and not the I.P. If they do get paid to the I.P. then he should return them to you.
Hope that helps.
Regards.
Cert DR
23+ years in debt advice
I do not post for anyone other than myself
I think all will hinge on the dates. When the AOE commenced, when the Order was granted, when the creditor was given notice of your IVA and when your IVA was put in place.
Its a shame your IP didn't know about this - an Interim order might have been relevant preventing this from happening.
Both these AOEs have come from the same creditor (Cabot Financial). The first one was enforced just a day after the IVA came into effect so I can understand that records may not have been updated within that time.
I was in effect told by my IP to "Suck it Up" for whatever amount of time it takes for him to sort it with the court... Which I have done (managing to speak to my Immediate manager I was able to gain some overtime to offset against the extra £152 coming out. I will be unable to do the same with this AOE as my work hours are limited to European driving hours (Tacho legislation) so even if the hours were available to do I wouldn't legally be allowed to do them.
This AOE is now over a month afterwards... and not only the same company, but the same county court issuing it!
Have phoned through, but my IP is out of the office until this afternoon so I'll have to wait and see.... But don't hold out much hope based on my last telephone discussion with him.
At the moment, the only option I see with my limited experience, is to get the sack, file for bankruptcy and tough it out for three years ( not really my preferred option though)
Yes you're right, getting myself sacked and claiming bankruptcy may we'll be a bit extreme.... Think I was just venting my frustration to be honest.
As it happens, my wife has just sent me a picture message showing a letter I've just received from Basildon County Court saying that they've now had correspondence from my IP and as a result the original order has been quashed (somewhat relieved). So I officially take back my concerns about Carrington George not doing anythingfor now : )
What I'm wondering now is if that quashing will also apply to this new order I received yesterday or if I now need to go through the same rigmaroll again (is this Cabot Financials new gameplay for clawing back that bit extra?) as the letter stated only the case number for the initial £152 AOE.
