Who to trust and what to do

[louise461]

My IVA started on 03/10/20, just before the national lockdown. I was told by my IP that all communications had been made with my creditors and that I should have no further communications with them. My creditors are still contacting me regarding payments and one of them has now passed the account onto a Debt Recovery company. This is despite numerous conversations with both the creditors and the IP over the 7 months since my IVA started. Until September 2 on my main creditors have been insistent that I was not on the insolvency register and that they had no record of having been contact with regards to my IVA by my IP. All along the IP have assertained that they have been sending repeated letters to my creditors since March when it is on record as having started. I have only just found out that the Insolvency Register is a public document and checked to see if my name is on it, which it is. I don't know who to trust or what to do. My creditors have been putting me on payment breaks month after month whilst the validity of my IVA is supposedly investigated, although as one of them has now referred my case to a debt collection it is serious. I now have it in writing that the bank which is my other creditor had first been informed of my IVA by my IP in September.

[Foggy]

You are being given mixed information ! It is common for creditors not to 'catch on' for a few months as the IVA filters through their systems -- covid has probably been slowing this process. It also takes a while to appear on the Register ( mine was 6 months!). The upshot is that, if the debts are included in your IVA, the creditors can do nothing --- ands, as you are now on the Register, they should acknowledge that fact. As for the bank saying they have only recently been informed --- have a look at the Chairman's Report of the initial meeting -- their vote (if they voted) will be recorded there, meaning that they were informed at the outset.

You are protected by your IVA -- it is up to creditors to speak to your IP -- you should not engage with them.

[Foggy]

Have you now cancelled payment authorities to creditors and changed bank account ? And, are you now making the agreed payments ?

[luluj]

How frustrating for you. But you are protected by your iva in place so all these contacts from creditors can be ignored - they cannot do anything as they are included in the iva agreement, whether they voted or not.

Refer them direct to your IP - I used to refuse to confirm my ID when they phoned, that way they can't continue the calls. Any post I received I forwarded to my IP to deal with ...eventually they all went away.