Creditor making a claim against me !!!

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Beaubeau
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by Beaubeau » Tue Oct 31, 2017 12:52 pm
Hi there I really hope you can help me.

I have been in an Iva 4 years, in august I submitted a full and final offer following advice from Iva company the amount seemed acceptable,I have been patiently waiting since august to get an answer.

Yesterday I got a phone call from the Iva company to say that (NEXT) one of the creditors was putting a claim against me for the sum off £5600.

The reason for this is because my (next) statements shows that I bought items after my agreed date of the Iva!! Which was 13th august,At the time I didnt know what my agreed date was,looking back I know I shouldn't have spent more while the Iva was up in the air. What I don't understand is why it's only came to light now if I breeched my Iva 3 days after the final date then surly that should have been dealt with 4 years ago.

The (next) balance was £5000 now it's 600 in interest on top? :shock: I'm so upset as I was hoping my full and final settlement was going to be accepted so I could move on with my life but now it seems the (next) bill is actually putting me back where I started being in debt which was the whole point in the Iva in the first place to wipe the slate clean.

I put my hands up and say I made a mistake but why now can they really make this claim against me is it not the Iva company that's looking after me responsibility to make sure all is correct from the beginning.

Next proportion of the debt was very small so I don't believe they went to court to vote.

I'm waiting on the practitioner ringing me I'm terrified. :cry:
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Beaubeau
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by Beaubeau » Tue Oct 31, 2017 1:11 pm
This was my reply.

Hi Holly,

We have been looking into this further please see attached the document this shows that we had initially had the Next account listed however it appears to have been crossed out and signed by yourself and Anthony. The date on the document is the 5th June 2013, there is then a note based on this to say that the debt was deleted on our system as this has been marked as paid off.

This document appears to have been completed by either yourself or Anthony. We would be looking for an explanation as to why this was crossed out, you stated on an earlier email that you would not have agreed this was paid off however it seems the reason this was removed is due to the documents being amended by yourselves.

Following on from the statements being sent yesterday to yourself, we would also need an explanation as to why you proceeded to order the items the day before the initial meeting date and then when this was adjourned spending continued. The statement sent also shows that the spending even continued when the IVA was agreed again this would need to be explained before we can proceed any further on the case. The Insolvency Practitioner is unwilling to accept that you are unable to remember this spending mainly due to the large amount of items purchased and the value spent.

As to why Next have not previously been chasing you directly for this debt it could be that there records were not up to date? This would have to be discussed with them directly. Their contact details are Next Directory, Customer Services Department, Gedding Road, Leicester LE5 5DW. Tel: 0333 777 8000.

As to why they contacted ourselves I can see that we have sent them correspondence throughout the IVA as this was at some stage around the Meeting of Creditors date added to the schedule of creditors.

Kind Regards,
Steven

I can't see the attachment they have sent me but I can't for the life of me understand why I would delete form the list .
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kallis3
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by kallis3 » Tue Oct 31, 2017 1:13 pm
Are you saying you used the account after your original date or your full and final date?
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Foggy
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by Foggy » Tue Oct 31, 2017 1:48 pm
Unfortunately the bottom line is that you purchased goods in the knowledge that you couldn't pay for them. It will be down to your IP and creditors as to what happens next.

I imagine this has on because Next finally looked at the account to consider their vote at the variation meeting.
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Beaubeau
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by Beaubeau » Tue Oct 31, 2017 2:55 pm
Hello there I really hope you can help me!! I'm currently 4 years into and Iva I recently put forward a full and final offer which is still up
In the air I was just waiting for answers from the company. I received a phone call from the Iva company yesterday to say (NEXT) one of my creditors has put in a claim against me, my Iva was finalised on the 13th august 2013 and I had made purchases with next within a few days after that date I was silly to do this looking back! but at that time I didn't know my Iva had been finalised on the 13th.

I was sent my paperwork by email showing I had signed what credits I was putting forward but strangely next wasn't on the list. I didn't realise at the time next wasn't on the list so if next wasn't in my Iva then how did they know to contact my Iva company and if they where in the Iva why has it only came up now 4 years later if I breeched my Iva 4 days into Iva then wouldn't I have been notified why has next never asked me for the debt? My debt was around 45,000 in total and next proportion is 5600.

have been advised that I need to call next to make a payment arrangement but it doesn't seem right I'm worried sick about it. I have tried to do the right thing for 4 years to build up and now it seems I still
Have a 5000 debt and possibly breech of Iva making me potentially bankrupt loosing my house with my 3 children and relationship breakups 😕
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Foggy
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by Foggy » Tue Oct 31, 2017 2:58 pm
Topics merged to keep responses in one thread.
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Beaubeau
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by Beaubeau » Tue Oct 31, 2017 4:08 pm
I rang next as advised from ip and they advised me they can't have any contact will
Me and it would be the ip who will be dealing with it. They also said that as far as there concerned the next bill is in the Iva and always has been. Ip said that they send the creditors annual reviews so dont understand why this has came about now.

So I'm one hand I'm told to call next to make an arranged then the next saying I can't talk to them.

When I used the account it was 3 days after the meeting back in 2013 but I didn't know the date it was arranged at the time
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Lisa Thomas
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by Lisa Thomas » Wed Nov 01, 2017 1:25 pm
Where were the full and final funds coming from? Perhaps you can use some of those funds to pay for the post IVA liability due to Next and get agreement that the breach has been rectified so you can move on.
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