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Posted: Fri Mar 29, 2013 9:06 am
by seagulls
I have been in an IVA now for two years and 3 months and my husband is also in an IVA . We both think that it is the best thing that we have done and would not change the decision we made to enter into one . We have both learnt now to live on a tighter budget and know that we will never resort to using credit again.
I just need some advice now . Just before my IVA was started I was taken to court by a firm of solicitors who was acting on behalf of MBNA and I had a CCJ of £45 a month imposed .The debt was £5400 . I have paid this without fail, on time as requested . Prior to the CCJ they rang me and wrote to me incessantly . They have now started again ..ringing my mobile and writing asking to review the amount. I sent the last letter to my IVA company who told me to contact them and let them know that I am in an IVA . Trouble is I can remember that they were agressive on the phone and don`t take no for an answer. I really don`t want to have to go down this route again. Any advice very welcome .

Posted: Fri Mar 29, 2013 9:23 am
by Nutkins
Hi! Was this debt included in your IVA?

Posted: Fri Mar 29, 2013 9:26 am
by seagulls
No . Although they knew we were applying for an IVA they went to court anyway so the debt couldn`t be included.

Posted: Fri Mar 29, 2013 9:37 am
by Nutkins
I would contact yr IP and ask for their advice! It must be very stressful for u! Hopefully an expert will reply at some point today! Let me know hw u get on :)

Posted: Fri Mar 29, 2013 9:40 am
by seagulls
Thanks .
I never get to speak to the IP and have just had the third change of Case Officer...up till now I have been happy with the advice and support given .

Posted: Fri Mar 29, 2013 10:38 am
by Nutkins
Who are u with? Sounds very familiar!!

Posted: Fri Mar 29, 2013 10:51 am
by seagulls
Payplan !

Posted: Fri Mar 29, 2013 11:07 am
by Nutkins
Lol! I tht as much! Like I said sounds very familiar!! ;)

Posted: Sat Mar 30, 2013 1:18 pm
by MelanieGiles
Why wasn't the debt included? Did the creditor get a charging order, and, if so, was provision made in your expenditure allowances to continue to pay them? Even so, they are still included in your IVA.

Posted: Sun Mar 31, 2013 3:24 pm
by seagulls
The debt was supposed to be included in the IVA but MBNA EUROPE bank did not wait for the completionof the IVA and got a charging order and went to court to get a CCJ. (as far as I understand it )
The payment is known to the IP and is included in our list of outgoings.
Hope this makes sense !

Posted: Sun Mar 31, 2013 3:27 pm
by Foggy
I would tell Payplan to deal with them -- if they contact you give them Payplan's details and hang up.

Posted: Sun Mar 31, 2013 3:38 pm
by seagulls
Yes I think that is the way forward as I just know from before that they will continue ringing and will not take no for an answer . I can remember the solicitors that work for them were rude and intimidating on the phone when I tried to explain honestly and politely that I was going into an IVA.

Posted: Sun Mar 31, 2013 11:24 pm
by MelanieGiles
They should definately be contacting your IP directly to discuss this.

Posted: Mon Apr 01, 2013 7:45 am
by seagulls
Thank you for the advice Melanie .

Posted: Mon Apr 01, 2013 10:32 am
by Fletch2204
Dont be intimidated......... Mel, are they breaking any code of practice by contactig Seagulls directly?