www.iva.co.uk

I have been trying to sort out my husbands debt situation for him as he couldn't do the IVA with me. Some of you will know that he isn't very well and can't deal with this himself. I am not very well either but can write a good letter. He had a prior arrangment and Capital One and HFC asked for a review. HFC had actually been passed to Debt and Litigation Recovery (thats the company name). Capital One was no real hassle but they asked for a review. I had a letter from DLR (I assume on behalf of HFC) to say they would accept £30 until end September and payments to reach them by the 30th of each month. We were paying correctly but still getting phone calls from another person at DLR wanting payment over the phone. These phone calls happened when I wasn't in and the phone call made my husband quite ill. I immediately rang back each time and spoke to someone else, pointed out the letter of agreement and they apologised and said yes they knew about the agreement. They said they wouldn't ring again unless we didn't send a review at the end of Sept. We paid September early another call from the "heavy handed" person. I rang back they apologised but said it was because as we had paid early that meant the agreement was now finished and they wanted the review paperwork - well they didn't say that before!! I agreed that I would fax them everything required on a particular Tuesday (date escapes me about three weeks ago), checked the fax number and agreed to telephone them before I faxed as asked to make sure they picked it up. On the Tuesday I phoned them as requested to tell them I was faxing and then faxed and I have the fax confirmation. One week later the "heavy handed" person phoned again and was very difficult with my husband who at this time was quite suicidal. He firmly but calmly explained that they didn't know what they were doing, that we had done everything they had asked and they should basically "get their act together". The "heavy handed" person accused my husband of shouting at him (thats comical actually because he wouldn't shout at anybody). We have not had a response to the review.I sent income and expenditure as certified for my IVA and explained that I was in an IVA so the expenditure and what he had to offer them couldn't be changed. I worked out the offers to the creditors by the recognised formula. As I say we have heard nothing from Capital One or DLR about the review but he has today got a letter from HFC saying he is in default and a charge of £15 for the privilege. Thats the first time in about 3 years that there has been any sort of charge.

Don't know who we should be dealing with now HFC or DLR - I thought DLR was acting for HFC as they asked for the review. Payments to both Capital One and HFC are due this weekend and don't know whether to pay the amounts that I worked out under the new review which they have not written back about or pay what we have been paying.

Sorry for the long email but I am at the end of my tether, my husband is very ill and I am back to being main earner, carer and counsellor again.

Elizabeth, im not sure of your circumstances but is Bankruptcy an option for your husband?

Elizabeth

I am sure that Andrew Graveson of Brightoak would be prepared to help you with this. I know Andrew very well and would not hesitate to recommend him to you for assistance.

You say towards the end you are in an IVA...if this is the case you shouldn't be dealing with this. Is it a DMP your in?

Elizabeth is in an IVA, her hubby is not.

Ah right I have just read it again. Appologies I miss read it.

What a terrible shame that such a sincere effort to repay debt is being reciprocated in this way.

Given the circumstances with your husband's health I'd suggest that you both put in writing to his creditors that due to the situation any contact must only be with yourself.

I would also suggest that you make it clear to the companies concerned that further collections activity that jeopardises his health will now be treated as harrasment and reported to their regulators as such.

Finally I'd suggest that further payments are issued in accordance with the reviewed amounts that you have proposed as this will be based on the amount that you actually can afford to repay.

I would emphasise in your letters that the "harrassment" has to stop and for good measure there are various statutory provisions that can be quoted - and when I find them I'll send you another post

Thank you for your replies which are really helpful. I have told Debt Litigation Recovery in writing that communication must be through me and have signed one of their authority forms. The letter I wrote and the phone conversations I have had with them state our circumstances and my husbands health. Capital one have not harrassed but just not replied so I will pay them what I have suggested. The confusion is regarding HFC as all recent communications and tele calls have been from DLR and I sent all paperwork to DLR as requested but then yesterday received a letter from HFC. I can't pass this to a Debt Management Company that charge as there is not enough disposable income to pay. I will try writing again but to HFC and DLR, pointing out the circumstances and if they still persist we will try the CAB.

Good luck Elizabeth, i really hope you get this sorted. Its unfair to your hubby to have to go through all this stress over and over again xxxxxx