They can submit claims througout the IVA life - most creditors submit claims in the first year, but others do leave it till the end - your IP will be working with creditors for the claims to be submitted so that dividends paid can be done fairly throughout the term of your IVA.
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
As long as you included them when you set up the IVA it doesn't matter if they claimed or not or whether they voted. They are still bound by the legal obligations of the IVA so can't wriggle out of it.
"Just when you think that you can make ends meet, somebody moves the ends."
HSBC where my main creditor and voted in the original proposal and for the F&F. I cant believe how stressed I have got about this, I thought that all this was dead and buried months ago.
You have nothing to worry about - they can do nothing to you.
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
I will try and get a detailed breakdown of how the money paid in to the IVA has been dispersed to my creditors. Stress just before Christmas, just what I needed.
Needed to let off some steam though so thanks for responding, will call Metropolitan tomorrow to get some more details and see if I can speak to someone with some sense.
I wouldn't even waste money or time dealing with metropolitan. This is something that you don't need to stress about. They haven't a leg to stand on. Email your IP for a copy of the report then if they try and take any court action you have the paperwork to prove it ready. You are completely in the right so needn't worry. I would complain about HSBC to the financial ombudsman just because it will cost HSBC a lot of money to resolve, it costs them thousands for each complaint they look into but it's completely free for you!
"Just when you think that you can make ends meet, somebody moves the ends."
No, that is against the rules, the IVA legally binds all creditors and cannot be avoided by not submitting a claim, if they don't claim then they lose any right to the money and get nothing. They have plenty of chance to claim so if they dont it's tough luck on their part, thy are still fully bound by the IVA. If they try and tell you otherwise thy are lying.
"Just when you think that you can make ends meet, somebody moves the ends."
It sounds to me like they are trying it on! The best thing about the IVA is the legal protection it offers you which means they are barred from pursuing you for this debt. If they continue to harass you for money knowing it was covered in an IVA, they are actually breaking the law
"Just when you think that you can make ends meet, somebody moves the ends."
Metropolitan are a nuisance - they are a debt collecting arm of HSBC I believe - the debt is then usually sold on to Robinson Way if I remember rightly.
Once the IVA is completed then nobody can chase you for debts included in it. They are all written off.
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
I have bumped this thread back up as it still hasn't gone away. I got a letter from DG solicitors at the weekend saying they were going to take court action ?
I have asked DFD to assist but have been ignored. What do I do ?
To be honest now I would just tell them to bring it on - they cannot pursue you for these debts at all as they were covered by the IVA.
If they take you to court you have your completion letter to wave at the judge and proof that this was included.
You can then ask for damages for the distress caused.
There's not a lot DFD can do unfortunately other than tell them that you have completed your IVA which they will already know.
Write to these solicitors again, include a copy of your completion letter and tell them that you will be taking matters higher and reporting them for harrassment.
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
I have asked DFD to contact them and respond to me and they have done neither. They have sight of my completion certificate, he read it out to me on the phone. What he said was that something and he couldn't tell me what !! had happened in September to ask them to pursue me further. ???
