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Posted: Sat Aug 15, 2009 5:04 pm
by country girl
MBNA have managed to spoil my weekend.
When I got home form work yesterday I received in the post default letters for my accounts demanding that I repay my debt and they will be taking me to court. I know they can not touch me but it is still upseting. Of course I will speak to my IP on Monday. Do they normally do this. None of my other creditors send letters. I am 5 months into my IVA.

Posted: Sat Aug 15, 2009 5:40 pm
by MelanieGiles
Ignore them in the knowledge that they cannot touch you - you are in an IVA, you are protected from the actions of your creditors, and they are wasting their time and their money.

Posted: Sat Aug 15, 2009 5:53 pm
by country girl
Thanks Melanie but I wish they would leave me alone.

Posted: Sat Aug 15, 2009 9:52 pm
by MRBLUESKY
hi country girl your ip team should be able to sort this out,i would send a copy of any letters you recieve from creditors to your ip,and a note that they are breaking the iva terms and conditions by contacting you in this way.if this persists i would have thought mbna could be punished in some way by the court who dealt with your iva, eg all monies you owe them be written off because of them breaching the rules of the agreement.i,m aware that if a person entering into a iva and knowingly commits fraud during the application they can be prosecuted and go to prison,so similar stiff punishments i would have thought could be applied to creditors who breach the rules, say by means of a debt write off,hopefully one of the proffessionals can put more light on this.try not to worry you may be able to turn this harassment in your favour.

Posted: Sat Aug 15, 2009 10:07 pm
by Skippy
I had problems with Littlewoods even when I was BR and they only stopped contacting me when I sent them a copy of my BR order.

I really can't imagine that the whole amount owed will be written off even if something is done.

Posted: Sat Aug 15, 2009 10:14 pm
by MRBLUESKY
maybe not but i would have thought a court would take a dim view of a creditor persistently breaching conditions of a legal binding agreement.i feel very fortunate i had no hassle from my creditors,but there seems to be regular posts from people in iva,s these days about creditor contacts post iva agreements.

Posted: Sun Aug 16, 2009 10:57 am
by country girl
Thanks ronald.h1
Will speak to my IP tomorrow. All I want is for them to leave me alone.MBNA seem to be the worst offenders for this, it would be nice if they could be stopped.

Posted: Sun Aug 16, 2009 12:33 pm
by kallis3
I agree with Skippy. There is no way a court will write off the debt, regardless of the harrassment.

It is annoying, but I would personally ignore them.

We have just had letters from one of our creditors saying the same thing - we just sent them off to our IP and didn't let them bother us.

Posted: Sun Aug 16, 2009 12:44 pm
by country girl
Thanks Jan,
I will send them to my IP tomorrow and try to forget about it.

Posted: Sun Aug 16, 2009 1:05 pm
by kallis3
They can do nothing at all, it's just costing them time and money.

It's annoying, but don't let it get to you. You can come on here and have a rant about it anytime!

Posted: Sun Aug 16, 2009 1:22 pm
by MRBLUESKY
you may be able to get a injunction order then if they break it they could end up in court speak to your ip about it.

Posted: Sun Aug 16, 2009 1:23 pm
by kallis3
If it is the same sort of letter that we had, they probably won't hear anything again.

Send it to your IP and then forget about it.

Posted: Sun Aug 16, 2009 1:27 pm
by MelanieGiles
There is absolutely no need here to talk of Court or injunctions. Who do you think is going to fund the legal costs of that Ronald??

The bank is not doing this on purpose to harrass - there will be a problem with the internal communication system, which will get sorted out by your IP. In the meantime just ignore the letters.

Posted: Sun Aug 16, 2009 1:34 pm
by omega
I had the same thing this week with MBNA and my IVA has been running for three months. Ispoke with my IP and as everybody says Ignore them!! enjoy the protection that an IVA affords you and just say to yourself that this over bearing company will never ever have a hold on you again

Posted: Sun Aug 16, 2009 1:38 pm
by MRBLUESKY
well said omega totally agree.