Help woudl be much appreciated!

8 posts Page 1 of 1
 
 

Nick.v

User avatar
Posts: 3
Joined: Fri Jun 22, 2007 6:25 am
Location:

Post by Nick.v » Fri Jun 22, 2007 6:26 am
we did the type of iva where you remortgage first and then pay the equity release to the creditors in a full and final settlement they all got at least 55p in the £. This was in November 2004, we had the confirmation in June 2005 from our IP that our iva was finished and all obligations under it had now ceased.

It is now 2 years on, we are on an even keel and have had a letter completely out of the blue from red castle recoveries saying that a debt has been passed on to them and we must pay £778 in the next 7 days. The company who we originally owed were in the iva and were paid out so for a start the debt should surely be now written off and also the full debt wouldn't apply as they got more than half out of our iva.

We are dismayed to have got such correspondence after we thought this was behind us, have contacted our IP for advice but their company has now joined with another and I suspect we won't get such a personal service, I am not sure we are still supposed to send such stuff to him any more anyway as it is all over and done with and has been for 2 years.

I suspect this company have bought the debt for pennies and are trying it on but is this legal! I haven't responded to them as yet although I understand I can ask them to prove the debt which may make them go away, or do I just tell them it was settled long ago?

Help woudl be much appreciated!
 
 

ivoriva

User avatar
Posts: 333
Joined: Tue Apr 24, 2007 11:17 am
Location:

Post by ivoriva » Fri Jun 22, 2007 10:14 am
I would suggest you try posting at www.debtquestions.com or www.consumeractiongroup.com as people on there could advise you on how to best proceed with the DCA & Creditor, in terms of the relevant letters etc to send.

My personal point of view would be that the original creditor has made a serious error if they have sold on a 'written off' debt that was covered in a IVA -two years after the completion of the IVA. As have the DCA for pursuing it. So I would write to both the original creditor and DCA informing them you will take further action against them if the situation isnt explained and rectified immediately. And maybe ask them to compensate you for your postage cost and time! :-)
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Fri Jun 22, 2007 10:36 am
This is just an administrative error - things like this do occasionally happen, but are generally sorted out relatively easily.

Send the collection company a copy of your IP's final report to creditors, which will show the dividends paid to all creditors - including the one which has referred the debt to them. I am sure that this is last you will hear of this.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

ivoriva

User avatar
Posts: 333
Joined: Tue Apr 24, 2007 11:17 am
Location:

Post by ivoriva » Fri Jun 22, 2007 10:56 am
I would follow that advice. You may also want to remind Red Castle Recoveries about their obligations, as stated on their website;

"...we are a CSA registered company and conduct every facet of our business strictly within the rules of this governing body."

I would also ask them & the creditor to send it in writing that this settled debt wont be passed on or sold to anyone else, and that they remove any contact details they have for you.
 
 

Nick.v

User avatar
Posts: 3
Joined: Fri Jun 22, 2007 6:25 am
Location:

Post by Nick.v » Fri Jun 22, 2007 1:39 pm
Thanks loads for the advice, I did suspect it was all nonsense and was amazed how much the letter shook me up, I used to take really nasty letters in my stride years ago along with phone calls etc but I guess it shows how I have stopped living on edge all the time.

I didn't realise how badly this all used to affect me until I got this letter out of the blue and all the old scared, on edge, stomach churning permanently feelings came rushing back. I hadn't realised these feelings were gone until they came back if that makes sense.

I hope this gives hope to people out there who feel it is never ending, I used to feel like that, got into problems years ago, had a debt repayment plan in 2003, realised couldn't afford it and in 2004 went into an IVA, not lightly, I remember crying being surrounded by all the paperwork one morning on my own being so scared and overwhelmed by it all and wondering whether to sign.

I now feel it is the best thing I ever did because to not have all that hanging over you anymore is fantastic and a feeling I never thought I would have.

If I ever find myself in difficulty again I will definately seek advice instead of burying head in sand and getting so far in again

So there is light at the end of the tunnel honestly the relief when its all over is amazing.

Also i hate the stigma attached to iva's and debt problems, surely it is taking responsibility for the problem you find yourself in. Also people assume you have been totally stupid and have a wardrobe full of diamond shoes etc, they don't realise that debts can get out of control through circumstances such as illness, redundancy, unexpected pregnancy etc and day to day bills become unaffordable.

Anyway enough from me, thanks so much for taking the time to reply
 
 

Helhan

User avatar
Posts: 56
Joined: Thu Nov 30, 2006 8:24 pm
Location: United Kingdom

Post by Helhan » Fri Jun 22, 2007 2:18 pm
Hi Nick
I agree about the stigma. I feel so ashamed of our debt (which is huge!) and yet I don't have a single pair of diamond shoes to show for it either!!
We have made a couple of poor choices with cars and a house move, and underestimated the costs of having three children in three years (childcare, clothes, nappies etc) We have no-one to blame but ourselves, and the shame we feel is great. Hopefully, we will be sorted soon (IVA or bankruptcy)and can move on to a happy, secure future for the children.
Helen
 
 

Nick.v

User avatar
Posts: 3
Joined: Fri Jun 22, 2007 6:25 am
Location:

Post by Nick.v » Sun Jun 24, 2007 3:50 pm
Tis sorted now, shouldn't have doubted my IP! He is still working even though his company now form part of a bigger concern and had a letter from him yesterday with a copy of the letter sent to the people chasing us stating that this was settled in full and final and they had 58p in the pound and the rest written off. The cheque was cashed so they definately had the money.

He has asked all parties concerned to write to him and me to clarify I will not be chased for this debt again as the remainder was written off and the IVA completed in June 05. He sent them a copy of the final report too showing where all the money went.

Phew!! At least will know if any more show up not to go into blind panic.

Good luck to all - honestly it does come to an end eventually and it is so worth it at the end.
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Sun Jun 24, 2007 4:44 pm
Hi Nick
Thanks for yout posts and it,s good to see that your IP has reacted swiftly and decisively in this matter.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
8 posts Page 1 of 1
Return to “IVA postbag for june”