is this legal ?

[pixie]

I see your point Jan! If the others are small local companies though I would have gone on a fishing expedition and called them.
If we get anything dodgy or receive detrimental information about a company we would call around and find out what we could. We would also give the heads up to other companies.
What I do find surprising is that so many companies are willing to give credit without a credit check.

[kallis3]

That's possible Pixie. But if it is about an individual, could those other companies give out such information under the Data Protection Act?

All I can say about the companies who give credit with checking is that they are silly doing that. All sorts of fraudulent transactions can take place.

[Julie]

To go back to the original question, I think we all agree it is not legal or morally correct to enter an IVA with intent to run up more credit.

The posters on this forum who are in IVA's DMP or BR do so because they are facing up to their debt. I believe BR is the last resort but nor do I think there should be a social stigma attached.

Its okay to take the moral high ground but my gran always used to say "There but for the grace of God go I".

If this person owes Jayne money, then I hope she is reported for fraud and made to repay every single penny back.

[kallis3]

Totally agree.

[jayne1425]

Thank you all for your advise.
It is clear that I should report this woman to the Police.

[emma_t]

Good luck Jayne, let us know how you get on.

It sounds like this woman had no intention of paying for the debts she was running up all over the place. On the forum here we are all trying our best to pay back what we can and a story like this makes us all a bit mad.

I wish you luck in trying to recoup your money[:)]

[Adam Davies]

Hi
I still think that they are in a DMP not an IVA.
With mortgage payments less than £200 there must be loads of equity making a monthly IVA impossible
Regards

[size5]

It does indeed sound a) like a DMP and b) very fishy indeed.

Whilst being careful not to decry those who have made genuine errors and are trying to rectify them and who therefore deserve all the help that can be given to them, it does make my blood boil when you come across someone who can only be described as a crook, given the circumstances described.

Have you thought about further action?

I would certainly be more than a little cheesed off if it happened to me, so for further info you may wish to look at the insolvency.gov site to see what your options may be.

Regards.

[Blair Endersby]

Jayne, I agree with Andy that this sounds more like a proposed debt management plan than an IVA. If you can provide me with the detals of this person on the e-mail address below I will liaise with Baines & Ernst to clarify matters for you.

[ianmillington]

I've just spotted this thread.

I agree with everyone that this seems to be a DMP as opposed to an IVA.

If that is right you will be under no obligation to accept the proposed payment - you are free to take legal or bankruptcy proceedings against her. She seems to me to be a case someone who is a little too clever(or at least she thinks she is) but this is a situation that I think may unravel, with a little help from you.

My thoughts are you might consider serving her with a statutory demand which will give her 3 weeks to come to some agreement with you. If she fails to do so, that will mean she is legally insolvent and you will be able to present a bankruptcy petition without further reference (although you don't have to do so). It seems to me she would have a lot to lose if she were to fall into the tender care of the Official Receiver. Further, she seems devious enough to consider using the DMP she seems to be in as a delay tactic whilst she puts her house in order. As a result, if you act quickly it might just put you at the front of the queue to get some offer out of her. Worth thinking about.

Ian