www.iva.co.uk

We are in the process of getting our IVA sorted and hopefully it will be all done within the next few weeks.

My missis has been receiving a lot more calls than me recently and has been ignoring them up until this afternoon. The call was from MBNA who, to cut a long story short, have threatened to send the bailiffs round unless a payment was made. Unfortunately she ended up making a payment of £25 to 'stop the bailiffs coming'. How likely is it they will do this? Can we get a court order to stop all legal action until the creditors meeting? I have managed to get most creditors including an MBNA account to put the calls and any action on hold until the end of June. This incldes an account that is now with the debt collectors.

Are the people at MBNA just putting the frightners onto my missis or could this realistically happen?

Thanks

I had Barclaycard say this to me when my IVA was being set up, I still refused to make a payment (you cant pay what you haven't got) and eventually put the phone down on them, when I spoke to my IVA Company afterwards I was told I did the right thing as if you make one payment they will come back the following month and say the same thing again, just remember these are often people on a commission to get as much as possible. I know it is really hard but don't make any payments, just repeat the same thing you are stating an IVA and give them the company name and even the advisors name, you could also mention you will class anything more than weekly calls as a form of harassment and it will be dealt with accordingly. Then ask for there name as you are keeping a record of calls received and by who. Hopefully that would get them, off the phone, if not at that point put the phone down.
If I remember correctly my IVA company did say that if the baliffs do come round if you tell them you are in an IVA and give them the details they are powerless to repossess anything. I am sure one of the experts will put me right on that.

Some companies & Im sure MBNA is one of the troublesome ones - will stop at nothing to get just about anything from you.

But the process of a company putting Bailiffs into action is a long one & its sounds as though they were using scare tactics on your wife. They are trying to scare U - do not let them.

You do not have to answer their calls, unplug the phone, even change your number if it gets that bad - Ive heard of posters often doing that.
If you or your wife do answer a call - have something written by the phone for you to say to each creditor whom calls:
"I/we are in the process of assessing our situation & are currently going through an IVA application - you will hear us & our IP very shortly".
Its up to you to put the phone down after that - but dont let them bully you for anymore.

I dont know how people live whom work in these bully call centers - but thats just what they are, bullying you to pay them as much as they can - before the IVA goes into action.

We haven't got a landline phone (just a line for internet) so they can't get us on that. They actually tell us they have been trying us on our house phone and get rather irate when we tell them we haven't got one;-)

I was also worried about the baylifts coming round and I spoke to the company that I am with today, and the said the same, which most people are saying on here, that is very unlikey that anyone will call to your home. It's certainly not a nice process but as long as our IVA is approved it will be worth it.
Sam

In the time leading upto our IVA proposal meeting I put locks, bolts n all sorts on our back n front door n gate, I was that scared!
But they never came, & after joining the forum I found it the process for getting bailiffs to come takes many months n court orders.
Your IVA will be sorted & approved in less time than it takes your creditors to take little if any further action, which IVA company did you go with Sam out of interest if you dont mind?

It is highly unlikely that any bailiffs will call. This is just a scare tactic designed to get you to pay. Don't give in to them.

There is a possibility that a debt collector could call, but it doesn't happen often.

You can check out what they can and can't do via this link:

http://www.direct.gov.uk/en/MoneyTaxAnd ... G_10034289

I just called up the people who sent me the letter and told them I was in an IVA (even though it was still pending) and they backed off. But in all honesty, I was ignoring payments for going on 3-4 years and not once did the heavys come round.
Not sure on what the actual balifs are allowed to do. I watched a program on BBC (or ITV) about them and it stated that as soon as you open the door they can force their way in. I personally think that this was just a scare tactic and seriously can't be true, or can it?

Check out the link I posted, it tells you what they can and can't do.

You can refuse them entry unless they have a warrant.

If you have an open door or window though, they can enter.

Mrsknight, we have one with Melanie Giles. If the bailiffs did come I would like to see them try and get past me, it could be fun!!

Thank you everyone for your replies

Hi indebtandnotproud.

Good luck with your IVA - your in excellent hands, so dont worry to much.

Your very welcome n let us know how you get on.

Once you are in an IVA they cannot touch you. Bailiffs and debt collectors won't call unless you default on a mortgage or other secured loan.

Key thing to remember is Bailiffs are officers of the court, and as such can only be appointed by the courts. This means for any normal consumer debts you need to be at CCJ stage minimum before the courts will instruct bailiffs to enforce the judgement/order.

Any creditor who advises you they will instruct bailiffs to visit the property is simply lying and you should pull them up on it there and then. Request a transcript of the call and inform them any further misadvice to extract payments will be reported to OFT.

Usually, this will be the last phone call you receive from the creditor until your IVA is in place.

Hope this helps.

It's usually debt collectors who call, and they rarely do.

You don't have to speak to them if you don't want to.

Now tha this creditor know that you can be persuaded to make payments after the threat of the bailiff, don't be suprised if they don't constantly play that card until your IVA is in place. This is extremely unfair, as they are seeking to put themselves ahead of other creditors by using bully-boy tactics. Please try and tell your wife that rather than relieving the debt pressure she could just be encouraging it by making the ongoing payments.