Can a creditor claim a payment during an IVA?

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ange
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by ange » Fri Nov 09, 2018 3:39 pm
HI
I have just been contacted by one of my creditors who were listed on my IVA application . They are asking me to arrange a payment plan with them . When I contacted my IVA company they told me all the paperwork was sent to this creditor at the same time as to my others,.It seems that they did not complete the paperwork or dial in to the conference call when it was being set up. They also said that if the amount offered by the IVA was not to their standard they had the right to refuse and claim the debt independently . Can you advise if this is true as you can imagine this has got me quite anxious .
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Foggy
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by Foggy » Fri Nov 09, 2018 3:52 pm
If they were correctly advised of the IVA and given all the paperwork, then they are bound by the IVA if it has been accepted and cannot pursue payment outside of the arrangement.

Who are you with for your IVA ?
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MerlinL14
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by MerlinL14 » Fri Nov 09, 2018 6:37 pm
If they were listed in the proposal, and it seems they were from your explanation; Do not enter into conversation with them, if they have "security questions" that they pose to you when they phone you, just refuse to answer them. Tell them you are in an IVA and your company is xxxxxxxxxxx, then hang up. Don't let these people stress you out, take the lead and tell them to 'do one'.
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Lisa Thomas
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by Lisa Thomas » Mon Nov 12, 2018 1:19 pm
They are bound by your IVA - tell them to contact your IP to lodge a claim and as belt and braces ask your IP to also contact them and remind them the IVA is in place and they need to send their claim form to the IP.
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ange
Posts: 2
by ange » Tue Nov 13, 2018 10:14 am
Hi Everyone .
Thank you for the invaluable advice . I have taken your advice and have refused to speak to the creditor .who in fact became very irate with me and said they were now going to take legal action . I also contacted the IVA company and they gave me the same advice . Feel a lot less stressed now even with the threats from the creditor . :D
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kallis3
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by kallis3 » Tue Nov 13, 2018 10:25 am
Your creditor can do nothing at all.
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MerlinL14
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by MerlinL14 » Tue Nov 13, 2018 4:06 pm
ange wrote:
Hi Everyone .
Thank you for the invaluable advice . I have taken your advice and have refused to speak to the creditor .who in fact became very irate with me and said they were now going to take legal action . I also contacted the IVA company and they gave me the same advice . Feel a lot less stressed now even with the threats from the creditor . :D


We all feel the need to pay back as much as we can to our creditors, as ultimately they are going to be the one's who are out of pocket, no matter where the blame lays. However once they have agreed to the terms and dividend of the IVA they just become another bill to pay out of the IVA payment. Their bullying or lack of departmental awareness is now no concern of ours and we need to take the upper hand when they try to get all stroppy. Doesn't feel right to tell them to do one, or refusing to answer their probing and sometimes terse questions, but the stone is set and we don't need extra stress from a problem that for all intent and purpose has been dealt with. The creditor department shouting about legal action is blah at best, knowing you have grace from a County court should just about give you a warm feeling that it is the other person on the end of the phone who is now getting stressed.
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ian32
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by ian32 » Wed Nov 14, 2018 12:37 pm
I would suggest it is harassment by them, if it continues tell them you will take legal action.
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kallis3
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by kallis3 » Wed Nov 14, 2018 3:15 pm
I would actually tell them to carry on and you will be claiming costs and damages!
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