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Posted: Sun Sep 16, 2007 10:01 am
by acsn
Morning Folks
Nine months in to my IVA and I'm still trying to shack off Blair Oliver and Scott the puppet solicitors for Halifax Bank of Scotland .
They are still threatening a charging order even though, according to my IP, they have been contacted 9 times and sent 4 sets of papers.
This debt was with and IF credit card and is included in the IVA.
My IP says not to worry but I would hate, if circumstance change, to discover their name on the land registry details.
I have no 4th year equity clause , paying an extra six months instead. A better deal for my creditors considering the drop in property values in my area due to the huge number of social housing developments being built around me.
I'm sure I've nothing to worry about but I was starting to get used to a life without threatening phone calls and letters. Oh and being completely skint all the time. Managed to do a whole weeks food shopping yesterday for £9 and, as it's the week before pay day, I plan to walk to work next week to save the little money I've got left and yes, I'm the one who eats all the biscuits in meetings.
Posted: Sun Sep 16, 2007 10:52 am
by OPTIMIST12
One of the great things about an IVA is the end of the letters and phone calls from creditors and the peace of mind that goes with it. It must be depressing to still be getting these so far in to your IVA.
Congratulations on the £9 shopping bill!!! I know the feeling about the "week before pay day". However hard you try to budget there are always those few days when there is just nothing left.
Posted: Sun Sep 16, 2007 11:51 am
by MelanieGiles
It really is incredible that this firm as still hounding you - I suggest that you warn them of a complaint to the Law Society if they continue to harass you.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp
See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Posted: Sun Sep 16, 2007 1:02 pm
by sonyse2t5
Keep a log of these threats, tell Halifax HBO these threatening actions consitute harassment and you will write to the FSA.
Halifax HBO was sued about 6 months ago for repeated harassing a women on a debt that was sorted. Embarrassing so to speak and they paid out
Posted: Sun Sep 16, 2007 1:25 pm
by acsn
Thanks for the advice.
I have emailed my IP and asked them to formally complain. I have also raised the issue that the debt now being chased seems to be £400 higher than on the accepted IVA.
I have always been a bit worried what will happen when the IP starts distributing money as I don't actually have any of the credit card or old bank statements anymore . Fit of craziness with a shredder when I had the IVA approved. I had thought the figures on the IVA were the ones the agreement was based on.
Can these be upped by the creditors at the end of 5 years. If that's the case I might not meet the 40p in the £ demanded in the proposal.
Posted: Sun Sep 16, 2007 1:30 pm
by sonyse2t5
The debt the Banks cliam will aways be higher as from the time you stopped making your contractual payment to the day of the meeting - you would have accrued interest and arrears -quite common. Unless you were on a DMP like me which froze the debt before I when for the IVA.Even then some Banks tried to stick interest back on again...so not to miss out on the charge frenzy
Rest assured the pences in the £ you are paying now will cover that extra increase.
Posted: Sun Sep 16, 2007 3:59 pm
by MelanieGiles
Hi acsn
Don't worry about having shredded your creditor statements - your IP can get copies of any documentation he requires directly from creditors.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp
See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Posted: Sun Sep 16, 2007 5:48 pm
by acsn
Thank you Melanie, always that calming influence.
Looked through the various IVA papers today , and noticed that the figures used for the draft proposal were considerably lower than the final accepted proposal amounts. Some by as much as £1000. I understand that I did miss 2 months payments but some of these add ons must have been pretty hefty charges as well. Not a lot I can do now apart from wait and see what happens at the first share out.
And, sorry another question. Can anyone explain to meet the role of the Chairman in the IVA proceedings. Looking at the papers he seemed to be the one who put forward all the amendments.
Posted: Sun Sep 16, 2007 10:44 pm
by MelanieGiles
The Chairman of the meeting is the person authorised to conduct the meeting on behalf of the IP and yourself and he casts the votes on behalf of the creditors. The modifications would have been submitted by creditors, and the Chairman would have decided how to use each creditors proxy vote in accordance with the specific voting instructions provided on each one. He also would have been liaising with you with regard to whether you were prepared to accept the modifications or not.
Your IP obviously did not independently verify those creditor claims prior to the meeting, to be so far out. I just hope that you have not guaranteed to pay a certain dividend, or you may find that you have to make additonal payments at the end of the IVA to achieve this.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp
See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Posted: Mon Sep 17, 2007 7:57 am
by acsn
Good morning and thanks Melanie,
I have a modification, accepted, guaranteeing 40p in the £.
OOOps thought the IP , who is part of GT, would have done all of this prior to the meeting and was so relieved to get the IVA approved didn't question the figures.
I am already making 6 extra months payments to cover potential property value increase, which now seems a good deal for the creditors.
Can an IVA run for longer than 6 years?.
And, as you know, I'm skint most of the time so there is no way I could increase my monthly payment. I already pay just short of a £1000 per month.
Looks like it might be a longer haul than I imagined.
Posted: Mon Sep 17, 2007 8:00 am
by acsn
Good morning and thanks Melanie,
I have a modification, accepted, guaranteeing 40p in the £.
OOOps thought the IP , who is part of GT, would have done all of this prior to the meeting and was so relieved to get the IVA approved didn't question the figures.
I am already making 6 extra months payments to cover potential property value increase, which now seems a good deal for the creditors.
Can an IVA run for longer than 6 years?.