www.iva.co.uk

I have been in an IVA since January and one of my creditors have sent a threatening letter to my employers requesting for an attachment of earnings. My debt with this creditor is less than 15% and my debt management company have already informed this creditor of this. I wish to know what I can do to prevent this creditor from taking threatening behaviour like this in the near future.

If you are in an IVA and this debt is included ( as it should be ) the creditor is acting unlawfully. They are not entitled to an attachment of earnings, and are harrassing you. Nor are they entitled to contact your employer. I would suggest a chat with your IP who should be dealing with this creditor on your behalf. The creditor should not be contacting you direct and you should not be contacting them.

I had something similar happen to me in my IVA. Fortunately it was only one letter and my employer (who knew about my IVA) wasn't happy but we got it sorted in the end. If you get another letter I'd be tempted to send a strongly worded reply back enclosing a copy of your chairmans report underling the name of the creditor to show that it was included.

Are you sure you are in an IVA as you mention your debt management company? If you are actually in a DMP the creditor is entitled to proceed with the attachment and you need to speak to an insolvency firm. To reach this stage would have entailed a lot of legal action by the creditor so something does not sound right.

Hi,

Have you checked the Insolvency Register to see if you are on there? If you're not then it's not an IVA.

https://www.insolvencydirect.bis.gov.uk/eiir/

Surely the creditor needs to get a CCJ first then apply for the AOE should you fail to satisfy the CCJ? Also a creditor contacting an employer could be considered harassment?

Markssxx11 wrote:

Surely the creditor needs to get a CCJ first then apply for the AOE should you fail to satisfy the CCJ? Also a creditor contacting an employer could be considered harassment?

There are a few firms, particularly those who buy toxic debt, who ignore the niceties of what is correct or lawful and attempt to bully debtors into paying, hoping they are unaware of their rights

It also depends on whether or not the OP is in an IVA or not.

kallis3 wrote:

It also depends on whether or not the OP is in an IVA or not.

As the OP has failed to respond to the replies on here we may never know that answer!

MerlinL14 wrote:

kallis3 wrote:

It also depends on whether or not the OP is in an IVA or not.

As the OP has failed to respond to the replies on here we may never know that answer!

As is often the case --- just hope we helped a little