worries about CCJ.

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seagulls

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Post by seagulls » Fri Mar 29, 2013 9:06 am
I have been in an IVA now for two years and 3 months and my husband is also in an IVA . We both think that it is the best thing that we have done and would not change the decision we made to enter into one . We have both learnt now to live on a tighter budget and know that we will never resort to using credit again.
I just need some advice now . Just before my IVA was started I was taken to court by a firm of solicitors who was acting on behalf of MBNA and I had a CCJ of £45 a month imposed .The debt was £5400 . I have paid this without fail, on time as requested . Prior to the CCJ they rang me and wrote to me incessantly . They have now started again ..ringing my mobile and writing asking to review the amount. I sent the last letter to my IVA company who told me to contact them and let them know that I am in an IVA . Trouble is I can remember that they were agressive on the phone and don`t take no for an answer. I really don`t want to have to go down this route again. Any advice very welcome .
 
 

Nutkins

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Post by Nutkins » Fri Mar 29, 2013 9:23 am
Hi! Was this debt included in your IVA?
 
 

seagulls

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Post by seagulls » Fri Mar 29, 2013 9:26 am
No . Although they knew we were applying for an IVA they went to court anyway so the debt couldn`t be included.
 
 

Nutkins

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Post by Nutkins » Fri Mar 29, 2013 9:37 am
I would contact yr IP and ask for their advice! It must be very stressful for u! Hopefully an expert will reply at some point today! Let me know hw u get on :)
 
 

seagulls

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Post by seagulls » Fri Mar 29, 2013 9:40 am
Thanks .
I never get to speak to the IP and have just had the third change of Case Officer...up till now I have been happy with the advice and support given .
 
 

Nutkins

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Post by Nutkins » Fri Mar 29, 2013 10:38 am
Who are u with? Sounds very familiar!!
 
 

seagulls

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Post by seagulls » Fri Mar 29, 2013 10:51 am
Payplan !
 
 

Nutkins

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Post by Nutkins » Fri Mar 29, 2013 11:07 am
Lol! I tht as much! Like I said sounds very familiar!! ;)
 
 

MelanieGiles

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Post by MelanieGiles » Sat Mar 30, 2013 1:18 pm
Why wasn't the debt included? Did the creditor get a charging order, and, if so, was provision made in your expenditure allowances to continue to pay them? Even so, they are still included in your IVA.
Regards, Melanie Giles, Insolvency Practitioner
 
 

seagulls

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Post by seagulls » Sun Mar 31, 2013 3:24 pm
The debt was supposed to be included in the IVA but MBNA EUROPE bank did not wait for the completionof the IVA and got a charging order and went to court to get a CCJ. (as far as I understand it )
The payment is known to the IP and is included in our list of outgoings.
Hope this makes sense !
 
 

Foggy

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Post by Foggy » Sun Mar 31, 2013 3:27 pm
I would tell Payplan to deal with them -- if they contact you give them Payplan's details and hang up.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

seagulls

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Post by seagulls » Sun Mar 31, 2013 3:38 pm
Yes I think that is the way forward as I just know from before that they will continue ringing and will not take no for an answer . I can remember the solicitors that work for them were rude and intimidating on the phone when I tried to explain honestly and politely that I was going into an IVA.
 
 

MelanieGiles

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Post by MelanieGiles » Sun Mar 31, 2013 11:24 pm
They should definately be contacting your IP directly to discuss this.
Regards, Melanie Giles, Insolvency Practitioner
 
 

seagulls

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Post by seagulls » Mon Apr 01, 2013 7:45 am
Thank you for the advice Melanie .
 
 

Fletch2204

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Post by Fletch2204 » Mon Apr 01, 2013 10:32 am
Dont be intimidated......... Mel, are they breaking any code of practice by contactig Seagulls directly?
I'm Walking On Sunshine, Yeah-Yeah...........

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