Chasing Debt included in IVA

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Sioonoo

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Joined: Mon Dec 06, 2021 4:49 pm

Post by Sioonoo » Tue Dec 14, 2021 12:09 pm
Hello Experts :D

Hope you are well!

Sorry to start another topic but can someone please help me, I completed my IVA in 2019 but Barclays keep generating arrears letters for me for £12,000 for my debt that was included in my IVA, when I first complained they said a supress letter marker hadn't been added and that even though my IVA is complete and they have my completion certificate because no supress marker was added it generated a letter and Barclays system will always show the balance when the IVA was completed regardless of it being 0 money owed (maybe this is for internal auditing purposes) but they apologised added the marker and gave me compensation which I wasn't really bothered about just the letters to not come through because I suffer with really bad mental health and it makes me feel so depressed (Barclays are aware I am a vulnerable customer) then after they said they fixed it they sent another letter (again in error) and apologised and wanted to give more money I essentially said I don't want the money I want you to fix the error they didn't respond so I've referred the matter to the ombudsman. What I'd like to know is can someone please provide me the legal aspect of the IVA that says creditors can't chase a debt that's included in the IVA, I don't know if this is specific to each IVA practitioner or if it's a general clause the reason I'd like this is to illustrate the point that an IVA is a legally binding agreement on both sides I followed the terms of my IVA I shouldn't be constantly reminded about a really bad time in my life where I lost my mum and I was addicted to gambling and I had essentially impacted myself financially for the rest of my life, I'm trying to carry on and move past it but they keep reminding me of it and I genuinely feel like giving up, I just want to know what the clause is or the legal terminology for them agreeing to not chase debts.

Thank you and sorry for yet another question!

Kind regards

Sioonoo

Foggy

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Posts: 33399
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Tue Dec 14, 2021 12:41 pm
Section 253(1), Insolvency Act 1986 says, inter alia, an IVA is:

A statutory arrangement with creditors, with an essentially contractual nature, which allows a debtor to:

Settle their outstanding unsecured debts by agreeing a composition in satisfaction.
Agree a scheme of arrangement for payment of their debts.


No doubt the ombudsman can point out the error of their ways.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

Sioonoo

Posts: 8
Joined: Mon Dec 06, 2021 4:49 pm

Post by Sioonoo » Tue Dec 14, 2021 1:34 pm
Thank you again Foggy! I really appreciate it <3
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