Unending harassment from a creditor - despite IVA put in place

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Anonymouse123
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by Anonymouse123 » Thu Jun 29, 2017 7:39 am
Back in 2006, I owed my now former boyfriend rent arrears and he owed me consultancy fees. He threatened with physical violence to drop my counter-claim and I reluctantly did so.

I made countless reasonable offers but his lawyer told me that either I pay the full amount or I will be made bankrupt. I have reason to believe that this is done to harm me because I broke up with the former boyfriend, and not to recover this debt.

I felt forced into an IVA to stop these malicious proceedings, but he still continues to torture me. He's challenging the IVA saying that "it's all a sham", despite the fact that every piece of documentation is legitimate and bona-fide. It didn't follow his interests, because he wants to destroy my life and an IVA doesn't do that.

My IVA practioner does nothing to protect me. He just waits on the sidelines while I try to fight.

What shall I do? I want this harassment and malicious proceedings to stop, but right now, I'm on my own.
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Lisa Thomas
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by Lisa Thomas » Thu Jun 29, 2017 9:42 am
Is he owed enough for the IVA to be rejected based on his votes or do your other creditors outweigh his votes? (75% in VALUE who VOTE have to vote in favour to get the IVA through)

If you can get the IVA in place then you will not have to pay him any more. Any further harassment could be reported to the police.
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Lisa Thomas
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by Lisa Thomas » Thu Jun 29, 2017 9:45 am
Sorry I think I misread your post - you are already in an IVA?

Are the threats for repayment?

He can't take any recovery steps due to the IVA.

If the threats are more than that then report him to the police.

How is he contacting you?
Anonymouse123
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by Anonymouse123 » Thu Jun 29, 2017 9:52 am
The IVA is already in place. The harassing creditor is trying to challenge the IVA now through his lawyer, accusing it of being "a sham" even though it is all well documented and was approved by the IVA practioner and his lawyer.
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Ryan
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by Ryan » Thu Jun 29, 2017 10:26 am
If the money you are paying him back was included under the IVA then he must have accepted that when the IVA began? If that is the case and he is still contacting you about it as Lisa says either speak to the Police or possibly get some legal advice.

Best of luck
Anonymouse123
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by Anonymouse123 » Thu Jun 29, 2017 10:30 am
I don't have any money for proper legal advice. The CAB has no idea what can be done, so this is why I'm going on forums to find a solution to this problem.

The harassing creditor's lawyer even admitted that it is a personal matter. I can't believe that a woman can be victimised for so long and they can get away with it. Please - there has to be a law which can get me out of this situation.
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kallis3
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by kallis3 » Thu Jun 29, 2017 11:35 am
Report him to the Police for harassment and see if they can apply for an injunction against him. Keep a record of all phone calls and correspondence.
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Lisa Thomas
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by Lisa Thomas » Thu Jun 29, 2017 11:38 am
If he's following procedure properly he has to continue with a formal claim that the IVA should be voided.

It sounds as if he has no grounds to do this so I suspect it will therefore not get anywhere.

All correspondence should be between him and your Supervisor.

Put that in writing to him/his solicitor and warn him that any further contact will be considered harassment and lodged accordingly with the police.

How is he able to contact you? Is he writing to you at home, calling you or physically turning up?
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Foggy
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by Foggy » Thu Jun 29, 2017 3:21 pm
I would suggest filing a complaint of harrassment against him with the police ---- also have a word with their domestic violence unit as this could amount to abuse.
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