I had a full and final settlement of IVA agreed in 2003 (now lost paperwork). Firm of solicitors are now harassing me for a debt that was in IVA but appears to have been sold to Max Recovery. I have written back disputing debt and asking for copy of credit agreement. They wrote back initially staing they would suspend collection activity then a few days later I received a further demand. My IP now works for another company and original company not based in the town where IVA was registered. What can I do if I cannot produce the paperwork and they take me to Court?
Hi
What company was your IVA initially with ? and who was your IP ?
The debt is no longer vallid, the problem is trying to get Max Recovery to realise this.
Regards
Thanks for the reply Andy.
Baker Tilly in Grimsby but they are not there now. when I look up Baker Tilly it appears to be individuals who work under the Baker Tilly umbrella. I emailed the IP who on the net is working for another company but he has not yet responded.
The IVA went through Grimsby Court, can I get the paperwork from them?
Try contacting Philip Allen of Debt Lifeboat. This is the trading style of Baker Tilley's IVA practice, and I think all their IVA cases are now run centrally. Philip's e-mail address can be found on www.insolvency.gov.uk under the heading "Find an IP".
Previous IP got in touch and and gave me a name at Baker Tilly. I contacted that person who was very helpful and dictated a letter to send to the hasslers advising that they should contact him and proof that there is no debt will be supplied.
Told me not to worry but that this is happening frequently particularly with Max Recovery who seem to bought job lots and are taking advantage of vulnerable people.
Another thing he told was if correspondence is entered into in cases such as this one should always dispute the debt and never make a payment.
Thanks to all who gave advice. I feel a lot better now.
So glad you got a name and a letter dictated to send Muzza, hopefully this will resolve the matter. Glad you're feeling better and you can now have a restful Christmas. xx
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
hi muzza good to here your getting support now isnt mel a gem,personally i think this is a admin error,max recovery are quite a high profile debt company who i would,nt have thought would want any bad publicity they bought up alot of my debt from creditors and had no problem with them.it goes to show though that its important for everyone post iva to keep some documentation on iva agreements and completion certificates in case something like this crops up in the future.merry xmas.
Last edited by MRBLUESKY on Tue Dec 14, 2010 7:43 pm, edited 1 time in total.
Max Recovery maybe high profile and that is why they get solicitors, in this case Fairfax, to do the hassling. They are not philanthropic in nature and are only buying up old debts for a few pence because it must be worth their while to do this. If you Google them, there are quite a few examples similar to mine. It appears on the advice I have been given, they will desist if challenged appropriately but it appears clear to me thay they and their solicitors representing them are preying on peoples' vulnerabilities and ignorance. Clearly no admin error.
My personal experience of Max Recovery from the 4 debts post IVA approval sold to them is that I receive a clear to read statement of affairs (ok, x4 cos you get 1 letter per debt but that's ok) that actually shows the payments made and the debt reducing. I quite like getting them.
In this instance you have to suspect that a creditor knowing full well the debt was cleared via IVA/Bankruptcy/Limitations Act has sold on something that is now cleared/unenforceable. Not wishing to jump to Max Recoverys defense but they probably bought the debt honestly, it was the seller of the debt mostly at fault here.
Unlike someone who has not resolved their debt problems we all know once bankruptcy/iva are complete we are untouchable but I do understand how this can be very frustrating and means that the completion certificates and proof end closure are quite a valuable asset to be maintained for a significant time if not until death.
Last edited by herbekj on Tue Dec 14, 2010 8:14 pm, edited 1 time in total.
Last Payment - November 2011 - Completion Certificate received 2 weeks after last payment, Removed from Insolvency Register within 4 weeks after last payment.
