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sunkendrailer

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Post by sunkendrailer » Thu Jun 10, 2010 5:28 pm
This company are being an absolute nightmare.
Since the approval of my IVA, I've taken a few phone calls from them and have told them twice that my IVA is now approved. My details are even there to be seen on the UK Insolvency Register!
They claimed that they know nothing about the IVA and that I should get my IP to contact them (which I have done).
I've now received default notices again (I suppose to be expected with time lag), but they are basically saying that they will commence court proceedings and that I need to pay back the whole sum in full.
They did not vote at the creditors' meeting but I got enough percentage for the IVA to be approved.
Can they still take action against me? I thought that once in place an IVA is legally binding to all creditors, whether they voted or not!
Ironically, this creditor is one of my smaller ones, and yet they are continuing to pester me.
Am I safe in the knowledge that nothing can be done? I've even written to them today telling them to look at the Insolvency Register under my details.
This is really getting on my nerves because I thought all the hassle would be over by now.
Now debt free after F&F in July 2012.
 
 

Shining

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Post by Shining » Thu Jun 10, 2010 5:30 pm
They can take no action against you, they are bound by the terms of the IVA.

You are in safe knowledge they can't touch you.

Some creditors can be persistant but be assertive back and hopefully they will get the message. x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Tina Shortland

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Post by Tina Shortland » Thu Jun 10, 2010 5:32 pm
Hi Sunkendrailer, if you haven't already spoken to your IP about this please contact them immediately as this definitely should not be happening.

Hope you get it resolved soon so you are not hassled anymore.

Regards,
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com

If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
 
 

kallis3

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Post by kallis3 » Thu Jun 10, 2010 5:35 pm
Ignore the letters and just forward them onto the IP. They can do nothing to you at all so the threats are meaningless.

As to phone calls, insist that they check on the register whilst you are on the phone, and if they quote the Data Protection Act at you, as some of them do, just tell them the register is public knowledge and they can check.

Otherwise, I'd tell them where to get off!

They are one of my bigger creditors and other than defaulting me every month, I've had no problems with them.
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
 
 

sunkendrailer

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Post by sunkendrailer » Thu Jun 10, 2010 5:41 pm
kallis3 wrote:

Ignore the letters and just forward them onto the IP. They can do nothing to you at all so the threats are meaningless.

As to phone calls, insist that they check on the register whilst you are on the phone, and if they quote the Data Protection Act at you, as some of them do, just tell them the register is public knowledge and they can check.

Otherwise, I'd tell them where to get off!

They are one of my bigger creditors and other than defaulting me every month, I've had no problems with them.
Hmmm...but surely if they are defaulting you every month, that will never be clear from your credit history in the future? I thought that defaults stay on the record for five years.
So effectively, they'll keep defaulting you right up to the day when your IVA is clear and then you'd have another five years of bad credit with defaults on your record. Surely that can't happen can it? I thought that once you're in default once, that was it. I didn't know that you can continue to be defaulted every month.
Does this mean when the IVA is over, you will still have to pay back the remainder? God that's a worry. (AGAIN).
Now debt free after F&F in July 2012.
 
 

Shining

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Post by Shining » Thu Jun 10, 2010 5:43 pm
No you don't pay any more monies back once the IVA is concluded. After 6 years from the date of acceptance if any defaults are on your credit record that are placed on there post IVA acceptance you can request they're removed.

x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

sunkendrailer

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Post by sunkendrailer » Thu Jun 10, 2010 5:44 pm
I never realised that you would be defaulted every month during an IVA. That means that effectively I will have defaults on my record for 11 years not 6?
Now debt free after F&F in July 2012.
 
 

Tina Shortland

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Post by Tina Shortland » Thu Jun 10, 2010 5:50 pm
Honestly - don't worry - your IP will sort it out. This cannot happen with an IVA.

Regards
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com

If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
 
 

kallis3

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Post by kallis3 » Thu Jun 10, 2010 5:57 pm
Some creditors do, and once your IVA is completed, you write to the creditors and tell them to remove all defaults after the date of the IVA as they should not be on there.

Your defaults won't be on for that long.
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
 
 

Adam Davies

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Post by Adam Davies » Thu Jun 10, 2010 6:05 pm
Hi
Once they realise that you are in an IVA and they are bound then the defaults will stop. These will be on your file for six years and once your IVA is completed you could look into having any that were marked post IVA removed
Regards
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jun 10, 2010 7:54 pm
As this poster is aware, we have spoken to the creditor concerned on more than one occasion and this is definately a case of left hand/right hand. Very tedious - especially when I have to pay staff to deal with this sort of nonsense, but I am convinced that it will very soon go away - so please don't worry - they cannot touch you now your IVA is in place.
Regards, Melanie Giles, Insolvency Practitioner
 
 

sunkendrailer

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Post by sunkendrailer » Thu Jun 10, 2010 8:18 pm
MelanieGiles wrote:

As this poster is aware, we have spoken to the creditor concerned on more than one occasion and this is definately a case of left hand/right hand. Very tedious - especially when I have to pay staff to deal with this sort of nonsense, but I am convinced that it will very soon go away - so please don't worry - they cannot touch you now your IVA is in place.
Thanks again Melanie. Your quick service and superb care really is a peace of mind for me!
On another note....are you looking forward to the cricket at Cardiff? I am going to the ODI there (and no I'm not paying - a friend of mine has given me his ticket!)....Never been to an ODI before and I'm really excited about it (like a big kid!)[:)]
Now debt free after F&F in July 2012.
 
 

kallis3

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Post by kallis3 » Thu Jun 10, 2010 8:23 pm
I'm with you for the cricket SD - wish I could go! Hope the weather is kind to you so you get to see a full days play.
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
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jun 10, 2010 11:11 pm
I most certainly am - and it would be great if we could meet up at either lunch or tea to have a beer.

My tickets arrived today and I am just so excited. I went to the England v Ireland ODI in Belfast last year and it was terrific.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

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Post by kallis3 » Fri Jun 11, 2010 6:37 am
That's one thing hubby and I would love to do, either a test or 20/20 or ODI, but it's much too expensive.

Enjoy!
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
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