www.iva.co.uk

Evening all

Well im five months into my iva and Next Directory are still trying to take legal action agaist me....how stupid are these people. I came home from work today to find a letter stating as no payment has been made towards the account as the court as instructed the balifies will be paying me a visit after 28-Feb-2007, not really nice to see it written in black and white.

As i finished work late i have not been able to contact my iva company as of yet, but will be on the phone first thing in the morning, but because i'm a woman and wanted to speak to somone ASAP i did call the solictors who the debt has been sold to and i have to say the young lady i spoke to was soo nice. I explained about the letter i had recived and how i was a little confussed and scared about balifies coming to my house to take stuff that does'nt belong to me and she kindly explained what i needed to do, then advised me how this always happens with next as no one ever commucates anything within the company.

All i have to do now is speak to Debtmatters and get them to fax a copy of the Chairsmans report to them and they will sort the rest. It just makes me laugh that Next voted for the iva and have known since october.

I say im felling fine now but i think i will feel even better when i speak to Debt Matters and they give me a big hug and make it all go away. Just needed to get that out[:-(], i will keep you informed and let you know if some big bad man comes to my house and tries to take my coffe table, its the only thing worth anything of value in the house[:D]

l morris

laleanen at least you know they cannot carry out their threats,just another company who haven't updated their computers, you are secured by the iva wouldn't let the letter worry you
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

Hi
Your IP needs to get this sorted and also get some kind of apology from Next.
An IVA is a legally binding agreement and your IP is being paid well to sort this kind of problem out,once and for all.
When you speak to debt matters get a name of who you spoke to and ask them to contact you when they have spoken to Next.
It,s appalling

NeverEnding.

Usually I wouldn't take offence at people not being nice to the company I work for but I have to put my foot down with this one.

It is appalling you are correct....but on behalf of the creditors, not the company. I have sent out the chairmans report, proposal, everything to some creditors up to FOUR TIMES before they will finally acknowledge that the IVA is in place and stop contacting the debtor.

Also, as we can only send such details to head office/collections department, it can usually take a while to get down to the people who are sending the letters and making the phone calls.

Leanne,

Ring your administrator on 01204678200 and tell him what is going on. I am sure he will be happy to help.

I hope this gets sorted quickly for you.

P.s. Any chasing letters you get, send directly to us accompanied by a letter just to let us know who they are for with your reference number, this way we have it on file.

Good Luck x

Morning

Well spoke to my company this morning (thay always make me feel warm and safe) gave them all the details and thay are going to sort this ASAP. The young lady said the same its a mis-commications on NEXTS part and easy to sort, all i have to do is send the letters in the post but i think i will fax them aswell today so to ensure they have all the info they need.

My coffee table is safe....[:D]

I really dont think i could have handle these types of threats without Debtmatters to cushion the blow they have been fab, i was even thinking of sending they a case of wine when my iva has been completed as they really do work hard and get fast results.

l morris

Hello HIS

Firstly I dont know anything about anything (nearly said a rude word then) What I am about to say is not intended as a slight. (I have only been in this strange insolvency world for 5 months, so please forgive me if I sound ignorant)

Neverending has a point here, I would have a nervous breakdown if I had a letter like laleanne. Could this 5 month lack of comminication be anticipated and avoided by the company? Its 2007 comunication has never been easier.

LILY

Its funny you should say that as now i'm felling a bit scared, i have just spoken to my company just to update them on my actions, i faxed a copy through to them this morining and also just put the letters in the post to them but thay have not recivced the fax....

But im going to put my faith in them as they have been great so far, maybe i just entred the wrong number but silly me i didnt keep a copy of the letters. So first thing monday morning i'll be on the phone just to make sure they have all the info they need to stop any further action being taken....fingers crossed[?]

l morris

Help-is-here
Five months into an IVA and baliffs calling in a couple of weeks means that the IP has not done their job properly or do you think that this is acceptable ??
It is the IPs job to administrate the IVA and creditors cannot legally pursue debtors once in an IVA.
Leanne uses the words "still trying" and this tells you that its not the first communication from NEXT that she has had and I presume that she has contacted Debt Matters previously about the demands.
Can you confirm this Leanne ??

No - I definately don't agree here. The IP has probably done all he/she can. We have no controls over creditor mailshots, which are generally computerised, or those creditors updating their systems.

My staff, at present, are spending a lot of time dealing with clients who continue to get correspondence directly from creditors. This is a growing issue, and one we are unable to control.

There is a major communication and mailbag control issue within some of the main banks at present, and as IP's we can do nothing about this. Do not assert blame in our direction - I would much rather my staff were spending their valuable time on other matters than repeatedly sending out correspondence to banks again and again as Help is Here has already described.

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

The one this i would like to know if some one could answer for me is what do i do if the balifies do knock on my door, because accorrding to the iva i am protected. But trying to explaine this to someone who has come to remove stuff to sell is hard?

If this does happen can i call the police as the ccj should be invalid and any balifies knocking on my door should be illegal or do i have to let them take whatever they want and still continue to include Next Directory in my iva even though they have broken thier contract, does this fail my iva or can Next Directory be removed altogether?

Any help would be great

l morris

I think it very unlikely that a bailiff will visit you, but if they do show them the Chairman's Report of your creditors meeting which is perfect evidence of the existence of your IVA.

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

Thanks for you quick reply its a great help, its a bit scary having this hanging over my head.

l morris

La leanne

I had this happen to me and I told the baliff to go away. I was in a state in tears on the phone to my money advisor, she stopped the action promto.

It was for council tax, which I didnt owe, I was in such a state when my mom died I didnt even realise it had gone to collectors, I am not sure if it went to court though. I was in a rebate due to moving with a child with disabilities and they had mis calculated it all and passed it to debt collectors. When they called the chap said he had come to remove goods, I stood there mouth open, then I said you are not coming in, he gave me a letter stating that he would be back in 24 hours for goods/money with the police and a lock smith. After a really sleepless night he didnt turn up and I found out they DO NOT HAVE THE POWER TO ENTER OR CHANGE LOCKS ETC.

They dont want goods, they are after money, (he came in a tiny corsa) I know it sucks for you after paying into an IVA for 5 months but you will be protected, so tell them really nicely to go away.

It makes me think that the lack of communication is 'convenient' to these people as people will often part with cash on the doorstep out of desperation. I gave one guy 120 pounds which was everything I had because I didnt know any better.

LILY

Hi there
What Lily says is right
I work for Local Government and bailiff CANNOT break into your house it is against the law.
IF (Big IF) they do turn up and cause a problem get the police involved, there cannot be any breach of the police.
Hope this helps
Zoe
x

Melanie
Well with great respect I cannot agree with you on this one.
Quote"I would much rather my staff were spending their valuable time on other matters "
I would consider bailiffs turning up five months into an IVA TOTALLY unacceptable.Showing a couple of burly guys a creditors meeting report when they have a court order to remove goods is not exactly a concrete safety net.I know the law is on the IVA side but try explaining this to a bailiff.
You state that this is an increasing problem...........WELL IT NEEDS SORTING and the only people that can do this are IPs.
Or am I wrong ???