What can and can't creditors do after completion o

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jc4

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Post by jc4 » Tue Dec 01, 2009 9:20 pm
Hi, my IVA was completed, by way of acceptance of full & final, in May this year. In July one of my creditors "sold" my debt to a debt recovery company and I had to get my IP, Payplan, to sort it out. In September I received a statement from another creditor, Mint(RBS) which said I had failed to make the minimum payment. I thought this was just a system error so thought nothing more about it. Then, unbelievably, in early October I received a threatening demand by post and a telephone call from a company called Westcot Credit Services who said that RBS had sold my debt onto them and I would have to make payment. I explained to them that my IVA was complete and they couldn't do anything but a cocky man told me that it couldn't be complete. I immediately phoned Payplan who got it sorted out.

Then, just last week I received a statement from Halifax, also one of the creditors in my IVA. Not wanting a repeat of what happened with RBS, I telephoned Halifax and was told to ignore the statement as it was new government legislation that they had to send me a statement and that I could expect to receive one every six months.I have been unable to speak to the lady who deals with me at Payplan because, eventhough the man at Halifax assured me nothing would happen, I am fully expecting to receive more demands from some other debt recovery company.

This surely can't be right. All of my creditors received the share of the money in August and I cannot be expected to spend the rest of my life wondering if one of my creditors is going to do this whenever they want. Should I make a complaint to the Financial Services Authority or the Financial Ombudsman or someone? Any help would be really appreciated. Thanks.
 
 

kallis3

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Post by kallis3 » Tue Dec 01, 2009 9:24 pm
Hi jc4 and nice to see you again, although I wish the circumstances could have been better!

Your creditors can do nothing. The IVA is completed, you have a letter telling you so.

Halifax are correct that they are supposed to send statements out, but I would have thought that now you have completed.

Hopefully Payplan can help you out.

I would certainly write a very strong letter to the Head Office of all the creditors you have received statements from, or threatening letters, enclose a copy of your completion letter and tell them to leave you alone.
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.
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jc4

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Post by jc4 » Tue Dec 01, 2009 10:06 pm
Thanks for the reply. I think I will write to the offending creditors. I had all this worry during my IVA, I did not expect to have it once the IVA was completed.
 
 

kallis3

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Post by kallis3 » Tue Dec 01, 2009 10:07 pm
It's not good, you should not have to be putting up with this.

The one good thing is that you know 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
 
 

orange

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Post by orange » Wed Dec 02, 2009 3:42 pm
we sometimes get letters saying debts been sold let us know how you get on ..when is your iva complete
completed july 2011
 
 

kallis3

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Post by kallis3 » Wed Dec 02, 2009 8:36 pm
jc4's IVA wasa completed in May this year.
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
 
 

PELDER

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Post by PELDER » Tue Dec 08, 2009 2:31 pm
I read the kind of problems jc4 is experiencing all too often on this forum as it is not an isolated case. When will IP's assure us that they will deal with post-IVA problems like this as it is surely part of the job they are paid to do ?
 
 

Michael Peoples

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Post by Michael Peoples » Tue Dec 08, 2009 3:58 pm
I can assure you Pelder that speaking for Mc Cambridge, Duffy we deal with queries years after completion and often have to get files from archive. We do not charge for retrieving information or forwarding it on to whoever requests it as it is part of the overall service.

I am sure other IP firms work in the same way as to be fair it is not that common and we must keep our files for years afterwards anyway.
Last edited by Michael Peoples on Tue Dec 08, 2009 4:25 pm, edited 1 time in total.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

size5

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Post by size5 » Tue Dec 08, 2009 4:22 pm
It is the nature of a forum like this that problems of this or any other nature are more likely to be highlighted, however as Michael says, IP's will always try and assist in any way they can.

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PELDER

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Post by PELDER » Tue Dec 08, 2009 5:04 pm
OK Guys and thanks for that.These are the answers I wanted to see from the experts and I am therefore pleased and reassured!
 
 

MelanieGiles

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Post by MelanieGiles » Wed Dec 09, 2009 12:18 am
We run a paperless office, so all of our old files are ready to hand on our electronic storage, and it is rarely a problem to find soemthing - even after a case has been closed.
Regards, Melanie Giles, Insolvency Practitioner
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