www.iva.co.uk

hi guys
anyone has an idea if it's possible to swap IP once the iva has allegedly started already?

Hi,

If your IVA has started then it is nigh on impossible to swap - are you having problems?

"allegedly" ?? What problems are you having ?
If you have had the creditors meeting and been accepted you are stuck with your IP. If not, you can change, but some firms might charge for work done to date.

yes the meeting took place already
my IP notified only my major creditors who formed 75% of the debt so all rhe other have no clue about my IVA
so f.e. Tesco Bank keeps charging me even 2 months after the IVA started
some of the creditors still keep contacting me about my debt
my IP told me to tell them I'm in IVA and to give them his contact details to get in touch with him
the creditors say he has to call them
my IP says they have to call him
so nobody calls noone and I'm in the middle
it would be much easier if my name was on the Insolvency Register (but according to my IP it "takes time" for my name to show on there..)

Hi,

Even if Tesco are still charging you, they are bound by the IVA and other creditors should not be contacting you. Your IP should have informed the others

It is down to your IP to inform the creditors that you are in an IVA so keep on at them and, threaten to complain if this keeps happening.

Have you had the paperwork from your IP after the creditor meeting?

This does not sound right - your IP should have written to all known creditors if he was given their information by you.

Ask him to clarify whether this was done and if not why not.

If he did not, despite them being listed in your IVA, I would make a complaint in this regard.

he said he let everyone know about the meeting but they just didn't respond
still, some of the creditors who called me haven't had a clue about it (barclaycard, lending stream and apparently tesco bank as well..)
i just wonder, if any of these gonna proceed in debt collection into the point that they start to deduct money straight from my earnings, how i gonna be able to maintain the iva payments.. (which are quite high £405 monthly)

They cannot deduct anything from your earnings at all or go to debt collection if you are in an IVA. They are all bound by it so just tell them them to contact your IP.

They cannot do anything.

To get an attachment of earnings they would have to go to court and the judge would slap their wrists.

Just refuse to correspond with them and get your IP to earn some of his fee.

Who are you with ?

As long as the IP wrote to all creditors, as the IVA has been accepted, ALL of your creditors are now bound legally by the IVA.

If they keep pestering you remind them you have told them several times that you are in an IVA and they need to contact your IP and tell them you are going to make a complaint if they continue to hassle you.

At the same time WRITE to your IP and ask him to contact those creditors that are harassing you.

It should all die down eventually - your IP will be sending out a second letter, including the Chairman's report, advising all creditors that the IVA was accepted, if s/he has not already done so.

In addition to the comments above, some lenders farm out collections to third party contractors who are a few weeks behind in discovering things like IVA's on the account. In my experience, many of these collections agencies staff do not even know what an IVA is (but are loathe to admit it on the phone!).

The tele-operators are also rewarded by reference to the amount of payments they draw in, so still press for a "payment now, over the phone, by debit card".

Long walk, short plank should form the basis of your response

Mercers did that with me - I told them I had an IVA and they still asked for payment! She wasn't happy with my reply!!

This is very common and usually not the fault of the IP. When we call a meeting of creditors we send the proposals to the agents of the banks and not the creditors themselves. It often takes creditors some time to update their systems but you are fully protected and this is really only a nuisance for a month or two.

I suggest you ask your IP for a copy of the Chairman's Report on a pdf which you can then forward to each creditor who contacts you. Just ask for their email address and if the creditor contacts you again after them being notified by you then you should complain to the bank.

Over the duration of the IVA debts will be sold on and you may be contacted by the new debt owner. Sending a copy of the Chairman's Report gives them everything they need to know and they must immediately cease hassling you.

There is little point in complaining to the IP who has likely done their job. The fault lies with the creditors so if you are confident that you have informed them then next time they call you can complain to a supervisor. Your IP will always be there to help but they cannot be held responsible for banks having systems that are slow to be updated.