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Posted: Thu Jul 05, 2007 3:19 pm
by maxdebt
The office of fair trading note that "anything done by a person which is reasonable" when trying to recover a debt, is not considered to be harassment. I have a persistant creditor who calls every day, is very scathing about IVA's and IP's, if I ignore the phone they call my work and leave messages. Is it reasonable to call me every day? I have absolutely no disposable income (in fact I have negative disposable income and am working as much overtime as I can) I won't know until next week re my re mortgage application ( from repayment to interest only) If my application is approved then my IP will be able to put an IVA proposal of around 45p in the pound. If the re mortgage is not approved well then its bad news for us. I have been watching this forum for 2 months now and thank god for you all
Posted: Thu Jul 05, 2007 5:12 pm
by iva experts
Hello Maxdebt and Welcome to the Forum,
Unfortunately persistent calls and letters are something that can continue to happen until your IVA is accepted and sometimes after until all departments have been made aware.
I would direct anyone who is calling or any letters to your I.P, they are the supervisors of your case and creditors should correspond direct to them.
Best Regards. IVA Experts
Posted: Thu Jul 05, 2007 7:20 pm
by maxdebt
My apologies I have never posted on any Forum before and I don't think I asked my question properly. My question is: Is it reasonable for the same creditor to call every day to discuss my debt with them. Thanks
Posted: Thu Jul 05, 2007 8:09 pm
by MelanieGiles
I am sure that they think it is!!! Which creditor is this in particular.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
For further details contact me at
http://www.melaniegiles.com and view my IVA blog at:
http://melaniegiles.blogs.iva.co.uk
Posted: Thu Jul 05, 2007 8:26 pm
by maxdebt
It is Goldfish Melanie. Their whole attitude suddenly changed to very aggressive from fairly understanding. I am not sure if it is coincidental or not but it was the day after my IP sent them a letter outlining my financial situation. I am doing my absolute best but I just don't have any money
Posted: Thu Jul 05, 2007 9:36 pm
by MelanieGiles
Don't worry about this creditor - they are part of HFC Bank plc and are generally supportive of voluntary arrangements in my experience. I know that the calls are tedious, but if you remain polite and answer their questions firmly this will not do you any harm.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
For further details contact me at
http://www.melaniegiles.com and view my IVA blog at:
http://melaniegiles.blogs.iva.co.uk
Posted: Fri Jul 06, 2007 7:16 am
by maxdebt
Thanks Melanie. If I may add I used your advice when selecting an IP and ended up choosing a local company. I have a case manager and have met my IP (she is nice but perhaps more important she is realistic and firm) No upfront fees. All I have to pay is my first IVA payment which they hold until the IVA is accepted or refund if it is regected. My thanks again Melanie. I wonder how many others out there are reading these forums and taking heart? Ah well, only 45 minutes before my morning phone calls. Time to gear up my 'firm but polite'
Posted: Fri Jul 06, 2007 8:38 am
by MelanieGiles
Sounds like you are getting some good support from your locally based IP, and that is great to hear. I have the same payment arrangement with my own clients, which seems to work quite well.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
For further details contact me at
http://www.melaniegiles.com and view my IVA blog at:
http://melaniegiles.blogs.iva.co.uk
Posted: Wed Jul 11, 2007 5:01 pm
by hara
I notice that all depends on remortgaging to interest only, I notice that you are proposing 45p, could not a figure of just over the min of 25p with out going in to the hassle of remortgaging would have been realistic.
As it is in most cases you would have been required to remortgage in the 4th year where upon creditors wolud have been receiving more money which would have compensated for lower initial offer of dividend.
hara
Posted: Wed Jul 11, 2007 5:21 pm
by hara
With regard to persistant phne calls you can do nothing about that ,answer politely,it does not cost any thing it is the quiet ones that you have to worry about who do the most damage by taking action.At least you can speak to the people who phone you and may be ask their symathy and co operation when it comes to voting.I would advice this even if they phone a few times daily.You are not paying for pone calls, they are.
Whatever the case DO NOT LOOSE YOUR COOL.
Always follow your IP advice.For example if your IP has adviced not make any payments,do not pay.
They try all tricks to get money out of you.
However I am not sure about token payments? I was asked not to make any payments and I did not.In one instance the phone call lasted for almost half an hour, trying to make me pay.But I did not.
If some one has left a meesage and phone no do return call and explain your case,even if you have to do it repeatedly.
I think it possibly may help in the end.
hara.
Posted: Wed Jul 11, 2007 5:36 pm
by aguise
As said dont lose your cool but if all you want to give is IP name and ref no then do so and if they carry on tell them you have no more to add and that you are ending the phone call. They have no need to ring you more than once a day so if they do make sure they log the call for that day and that may avoid a call back.
Ang
Posted: Tue Jul 17, 2007 10:15 am
by Adam Davies
Hi maxdebt
Why not call goldfish each day before they phone you ? That way you can get on with your day without the worry of them phoning you.
Regards
Andy Davie
IVA.co.uk Spokesperson
About me:
http://www.iva.co.uk/andy_davie_profile.asp
IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Posted: Tue Jul 17, 2007 12:19 pm
by maxdebt
Thanks for the advice. I don't want to mention any of my Creditors by name but the most abusive and persisitant of them all is now become supportive and patient!! I downloaded a document (followed a link on this forum) from the UK Insolvency Helpline and it was then clear to me that this creditor was pressurising me to take out more debt (to pay them!) they also refused to deal with an advisor acting on my behalf and other unfairish practises. Hara I have negative disposible income at the moment but with an interest onlt mortgage I will have h around £600 for 18 months then £940 for 42 months (once car HP finished) works out just over 45p in the pound. Unfortunately I did lose my cool but only once. Andy I have negotiated phone calls every 2 days with my creditors and most of them are complying with this. No further calls to my work thank god. There is still a dely on the remortgage without this everthing is on hold ( at the end of this month that will me 3 months without paying any of my unsecured creditors! How much more will they tolerate?!)
Posted: Tue Jul 17, 2007 2:58 pm
by Adam Davies
Hi
As long as you keep in communication with them then creditors can be very supportive and will wait for the IVA proposal.
Good luck
Andy Davie
IVA.co.uk Spokesperson
About me:
http://www.iva.co.uk/andy_davie_profile.asp
IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Posted: Tue Jul 17, 2007 7:08 pm
by mish1953
Ok - tongue in cheek .
Change your mobile if they phone you on mobile
Ask them to ID themsleves - whats the secret password
Dont identify yourself
Ask them for their DOB / post code/ maiden name
Sk them for their phone number so u can phone them back
Ask them for their name and extension number
Speak quietly and then rustle paper .. oh err what a bad line
ok - I was feeling wicked
Slainge
Mish