My Iva completed in March(ish) with a full and final settlement, about 4 years after it started. In March of 2012 it would have been the full five years.
HSBC where the main creditor in my IVA and I had about 6 accounts with them.
For some reason they seem to have passed two of these accounts back to their collection company Metropolitan, and are now chasing me for around 20k.
At first I was quite bullish about the debt collection letter and thought that I would just send them a copy of my completion certificate and that would be that.
I did that, but spoke to them this morning and they said that they have received the completion certificate but that they are still pursuing the outstanding debt !!
What do I do to properly deal with this as I want to make sure that I have my ducks in a row (so to speak)
Threaten them that unless they desist you will take matters further.
To be honest, if it were me, I'd tell them to bring it on as they are going to look foolish if they take you to court and you would claim costs.
I hate HSBC - they were a nightmare with us.
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
First make absolutely sure the particular debts were included in the IVA. Then drop the companies a polite note telling them that it they pursue the collection you will take up a complaint with their regulators and they will risk losing their licences.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
You can ask them to intervene but as your IVA has been complete for a while they may not do anything.
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
Surely the IVA company are responsible up till the point that the creditors accept that payment has been made in accordance with the terms of the arrangement.
I would ask your IVA firm for a breakdown of all the accounts included and sent this with another copy of the completion certificate to HSBC. I would ask for a final response letter to your complaint as you are taking the matter to the financial ombudsman. This will escalate the matter to someone who knows what they are doing because financial ombudsman complaints cost a lot of money for banks to process!
"Just when you think that you can make ends meet, somebody moves the ends."
If you have had your completion letter then all of your creditors have been paid otherwise it would not have been issued.
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
You could ask your IP to do this but you have no proof of what was done unlike of you did it yourself. Also they are under no obligation now to listen to what the IP says or enter into correspondance with you. If you deal directly they have to answer your complaint within set timescales
"Just when you think that you can make ends meet, somebody moves the ends."
I got an extra report from the IP of who got what and for which exact accounts just in case anyone disputed it further down the line. Think this is a sensible idea for everyone to get when they complete.
"Just when you think that you can make ends meet, somebody moves the ends."
If HSBC are contacted regarding an IVA and then a full and final settlement. Can they hold on to a account and not put them forward so that they can come back after the IVA has finished ?
No, if they are included in the IVA then you are covered. If they don't put in a claim that is their fault and they cannot come after you once the IVA has finished.
Bear in mind that it is you that include the debt in the IVA, not them. They just have to make a claim.
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
All the accounts that you listed at the outset of your IVA being proposed will have been included - so long as you listed all of the accounts then they would have been included and will be enforced to abide by the decision of the creditors to agree the IVA - therefore they have no come back at a later date even if the debt is sold on. You are covered and have nothing to worry about !
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
They can forward their claims at any time during the IVA but not once it has concluded.
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
