Please can anyone help? We are in the process of doing an IVA with Melanie Giles and her staff are at the administration stage so have a few more weeks to go. My husband and I both have an MBNA card which we have paid on a DMP with CCCS unti we decided an IVA was needed. My husbands MBNA debt was sold to Arrow Global who sent a solicitors letter from Drydens straight away followed by court papers when we advised them we could not afford the instalments they would accept. Our administrator advised us to send the court papers direct to her as they are now part of the IVA process and that we do not need to fill them out. We have now received a CCJ letter today from the court stating that we ignored the papers and should now pay back the full amount or they can take action to seize goods?? I expected the CCJ but don't know what we need to do now as administrator says to send this letter to her but I am worried about ignoring it? I have wrote to Drydens so they are aware of the IVA but will not discuss just say Arrow Global have told them to continue proceedings? Today I have also received the first court papers asking me to fill them out etc; the administrator has said to send direct again and not fill them in but I am really worried about what will happen? I have spoken to the court re my husbands and they have said we now have to pay £35 to fill out another form to ask to pay by instalments but until IVA approved I do not know what this will be?? Hope someone can help.
Hi I'm sorry I can't help but do know Melanie will be able to advise correctly. why not pick up the phone and speak direct to her or one of her wonderful team. They will give you 100% correct advice of that I'm sure x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
Now that the creditor has judgement it will come down to enforcement. They could try and secure the debt, apply for an attachment of earnings and ultimately they could apply to seize goods. However, these courses of action take time and yuor IVA should be in place long before this. Speak to Melanie's team and find out what information is missing to complete your file. Sometimes it is quicker for the client to get the info as we come up against data protection and various agencies saying it takes a week for the authorisation to be put on the system.
Get everything your IP needs and Melanie will have the proposal out with you straightaway. If necessary she can obtain a court order stopping all legal action but I doubt if this would be needed.
Thank you for the replies I have spoken to Tina at the IVA Advice Bureau and she has said that the paperwork all needs sending to them and they will deal with what is necessary. I am just worried about it all and how serious it is. The admin girl has said we are still a few weeks away from it being finalised.
Tina is lovely and very knowledgeable and if she said they will deal with it I'm confident they will. It is a worrying time I agree the runup to the IVA but hopefully it won't be too much longer now x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
I know they are all such lovely people and the reviews on them are fantastic; I am just a worrier and feel anxious that they can take our goods or do an attachment of earnings. Tina did also say that Melanie may put a order into the court to stop any further actions if she feels it is necessary. Melanie may see my post later; I just feel so bad asking questions all the time. . .
Never feel bad for asking questions honestly I'm with Melanie and her team and they're fantastic, nothing is too much trouble and I'm sure Melanie will pick up on this post at some point xx
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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Hi Sally, I included Melanie on the email I sent to Tamsyn so she will be aware of the situation. If Melanie is tied up she'll still get her emails but won't necessarily see the forum.
Easier said than done but try not to worry, you are in one of the best set of hands in the profession so she'll protect you.
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.
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Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Thanks again to everyone that answered and to Tina. I am going to send all the court papers to Tamsyn tomorrow and then will go from there. We have four weeks to pay the balance though according to the ccj and obviously we cannot do this? Does anyone know what they will do at the end of the four weeks cause they are very awkward at responding to Tamsyn and if they think we have ignored the ccj and just not paid them I am worried that bailiffs will come?
The timescale of getting IVA proposals finalised is entirely with our clients, and if we get all of the paperwork in on time we can usually prepare and clear the proposals within 10 - 14 days. Please get all of your documentation into the office as soon as you can Sally, as without this we cannot finalise matters for you.
Thank you Melanie. The other post is a duplicate that iI posted on the expert reply instead of the forum by mistake.
I have spoken with Tamsyn today and have a couple of things to send in and she can pass it to the proposal team.
We need to send petrol receipts in which Tina had mentioned may be necessary but I didn't realise we needed them straight away and therefore have not saved them. How many do we need to send in to Tamsyn to be sufficient?
Send this weeks and then keep sending them in over the next couple of weeks. I am sorry to ask for things like this, but some of the creditor representatives are completely pedantic to be blunt!
Last edited by MelanieGiles on Sat Jul 31, 2010 12:49 am, edited 1 time in total.
