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Posted: Sat Dec 17, 2011 6:20 pm
by Ralph.yn
we keep getting harrasing leters from a client even though we are in an iva agrement what we would like to know if they can do this legally?
Posted: Sat Dec 17, 2011 6:23 pm
by Fletch2204
If the debt is included in your IVA then the simple answer is NO!
As I understand it they would be breaking the law
One of the forum experts will pick this matter up shortly and give you more informed advice
Good luck x
Posted: Sat Dec 17, 2011 6:28 pm
by luluj
If you are already in an IVA and the creditor is included in the IVA then they can continue to send letters to you, but they do not hold any legality. The IVA will protect you fully - I would send them to your IP and ask them to deal with them direct.
Posted: Sat Dec 17, 2011 6:30 pm
by DebtlineUK
Upon your IVA being accepted your creditors should no longer be contacting you, they should have your IP's details and be corresponding with them directly instead of you.
If you contact your IP they will contact the creditor and request that this stops immediately, if they persist you can get an interim order from the courts.
Posted: Sat Dec 17, 2011 6:45 pm
by kallis3
Hi and welcome.
If you've not been in it for long then it may just be that the information hasn't filtered down to the appropriate department.
They're not worth the paper they are written on and so you can ignore them you are fully protected.
Debtline - I was under the impression that an interim order was something you took out to stop creditor action prior to IVA acceptance.
Posted: Sat Dec 17, 2011 6:52 pm
by luluj
That is my understanding too kallis, but I stand to be corrected !
Posted: Sat Dec 17, 2011 6:54 pm
by kallis3
That's what I thought - once you're in an IVA they can't take action against you anyway.
I've always said that I'd love them to take me to court - and then I'd be wanting compensation from them!!!
Posted: Sat Dec 17, 2011 6:59 pm
by Fletch2204
They would probably claim that the compensation was a windfall which should go straight back to them.......... how ironic.......... mind you just having one's day in court would be a gas... lol
Posted: Sat Dec 17, 2011 7:07 pm
by kallis3
Probably - I'd just love to make them look small though!!
Posted: Sat Dec 17, 2011 7:12 pm
by Fletch2204
the boot on the other foot for once........... what a wonderful thought....... Kallis, you just made my day!! x
Posted: Sun Dec 18, 2011 2:08 pm
by DebtlineUK
The Insolvency Practitioner can go back to the courts and request a restriction is enforced with the included creditors which has the same nature as an Interim Order prior to IVA acceptance but would follow different rules.
You may just be getting automated letters from your creditors, these will continue until they update their systems so your IP could arrange this quite easily.
Posted: Sun Dec 18, 2011 3:52 pm
by kallis3
To be honest - I can't see the point once the IVA has been approved. The creditor can do nothing and they are the ones who will end up looking embarrassed.
It will cost money if you go for an interim order so I can't quite see the point of it.
Posted: Sun Dec 18, 2011 7:14 pm
by ratface
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Ralph.yn
we keep getting harrasing leters from a client even though we are in an iva agrement what we would like to know if they can do this legally?
you might get some letters/phone calls for a little while during your first month or two for while things are sorted but after that the answer is a big NO
if you are still getting them get in touch of your
Insolvency Practitioner and tell them it's their job to stop this. becouse at the end of the day you are still paying good money to your Insolvency Practitioner and its in the agreement that the crediters should not contact you direct