www.iva.co.uk

Hi
Me and my partner have a joint IVA. All of his creditors voted - majority yes, and all my creditors except for the famous Halifax did not vote so with the majority voting yes the IVA was approved.

I have had the Halifax (for the credit card and most recently calls regarding the loan). After each call from them i have contacted my IP who each time they have faxed a copy of the chairmans report. Tonight when i had a call from the credit collectors for Halifax he hung up as he realised he was not getting anywhere with me as i said he was breaking the law and he would have to contact my IP which he says he could not do. He asked me when would i make a payment, to which i stated that i will not be paying them but to my IVA company and the IVA company would pay. He obviously does not understand about IVA's as he said that the IVA company is only helping me and that i would still need to paying them.

Obviously Halifax didnt agree with this IVA as they are not taking no for an answer.

What can I do?
The company we have the IVA with are doing the best they can so apart from going to the Halifax head office personally and sitting at their computer to watch them enter these details there is nothing we can think of doing.

Please help because as you can imagine this is getting very upsetting and frustrating!!

Knd regards

madzmummy

Nicky

It is upsetting and i can feel your fustration...xxx i am sure someone with more experiance will be long to help and guide you soon.

Angie xx


My IVA Story......http://bagpuss.blogs.iva.co.uk/2007/09/ ... iva-story/

If the IVAs have only recently been accepted, this probably relates to a communication breakdown internally as their own systems are updated. Keep an eye on it and if this behaviour persists, ask you IP to have a work with The Insolvency Exchange who handle all pre and post creditor meeting correspondence on behalf of this creditor.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

HIMadzmummy
I am really worried now, my creditors meeting is on the 27th December and the HBOS is one of my biggest creditors, why did they say no to you, did they give a reason ??

hI MADZMUMMY
IF YOU HAVE AN IVA APPROVED THERE IS NOTHING THE HALIFAX CAN LEGALLY DO TO YOU, ALTHOUGH WHAT I WOULD DO IS SEND THEM BY FAX AND RECORDED DELIVERY A VERY CLEARLY STATED LETTER SAYING IT IS ILLEGAL TO HARASS SOMEONE WHO HAS AN IVA APPROVED BY THE COURTS ALSO ATTACH YOUR IVA APPROVAL CERTIFICATE AND GET YOUR IP PROVIDER TO HAVE A WORD ALSO-
DO NOT STAND FOR INTIMIDATING CALLS MAKE IT ABSOLUTELY CLEAR THAT YOU ARE IN AN IVA MAKE A LIST OF THE PERSONS NAME WHO IS CALLING YOU AND WHAT YOU TELL THEM THE TIME AND DATE AND MAKE SURE YOU GIVE THEM YOUR IVA REFERENCE NUMBER AND THE NAME AND ADDRESS OF YOUR IVA PROVIDER EG YOUR IVA COMPANY AND WHO IS DEALING WITH IT FOR YOU

IN EARLY DAYS THIS WILL HAPPEN BUT AFTER YOU TAKE STEPS TO STOP IT ALL OF A SUDDEN THEY WILL GO AWAY JUST REFER EVERYONE TO YOUR IVA PROVIDER ALSO GIVE THEIR TEL NUMBER BUT KEEP YOUR IP PROVIDER INFORMED AT ALL TIMES ALSO

BEST OF LUCK DONT FORGET IF YOUR IVA IS APPROVED AND THEY (HALIFAX) WERE INCLUDED IN IT WHETHER THEY VOTED OR NOT IT IS A LEGALLY APPROVED AGREEMENT AND THEY NEED TO KNOW IT
J
X

SORRY I FORGOT TO SAY YOU DON'T HAVE TO ANSWER YOUR PHONE EVEN - JUST ENSURE THOSE WHO NEED YOUR NUMBER KNOW YOUR MOBILE NUMBER OR/AND GET A CALLER DISPLAY AND IF YOU ARE NOT SURE DONT ANSWER IT ALSO ANY WRITTEN CORRESPONDENCE CHECK WITH YOUR IVA COMPANY

Hi everyone

Thank you for your feedback and suggestions.

I have spoken to my IP today and they have faxed once again the chairmans report and will be following it up with a phone call.

Hi caraf - we were really nervous the night before the meeting. My partner owed the most to his creditors than what i did so i was quite lucky that Halifax did not vote and they were who i owed loads more on because i had a bank account, loan and a credit card with them. i think if they did then the IVA may of been declined and i could not bare thinking about what we had to do if it hadnt been accepted.

Just keep your chin up and look at the bright side - ive got my fingers crossed for you

Nicky

Hi Madzmummy
Sorry am I misunderstanding you here or not ?
Halifax was your biggest creditors and they did not vote !!
is that correct ?

Hello Madzmummy,

An IVA is legally binding on the creditors side as well as your own, because of this they should be calling your I.P. Melanie is correct in saying that it takes a little time for the right department to get the information regarding your IVA.

Best Regards,
IVA Experts
http://www.iva-experts.co.uk/

Hi Caraf

yes - you are correct halifax did not vote so unfortunately for them they had to go with the majority which i dont think they liked.

I have got some good news now though - Halifax have called me twice this evening and apologised that the system had automatically called me and said did i speak to someone earlier to which i replied 'that my IP had contacted them and spoke to the relevant department' - hopefully now there will be no more phone calls.

Nicky

I find it strange that the Halifax didnt vote, because I think that they come under the TIX and I was lead to beleive they always vote, it is in there own interest to vote. Halifax are my biggest creditors too.

A couple of points on the issue of creditors harassment.

It seems to be a popular misconception that it is illegal to persue a debtor once an IVA has been agreed,even within specialist IVA departments. I'm afraid that simply isn't true.

It may well be a breach of the banking code, and possibly a breach of contract, but to describe it as illegal is incorrect.

This is a serious issue, however, and from the many posts that I see on the board and from the stories that I hear from my own clients, the major problem would appear to be that debt collection agents appointed by lenders appear to think that they can say anything that they like, with impunity.

If I was facing this problem, at the start of a call I would inform the caller that the call was being recorded because of previous unacceptable behaviour.

That's a personal view, I've no idea of it's legality, but given that the debt collectors don't appear to be bothered about legal issues, frankly I think that it's quite irrelevent.

What I'm fairly sure of, however, is that a debt collector, when put on notice that they are being recorded, would temper their attitude to debt collection, just in case.

Hey Catullus, what a great piece of advice....can't see anyone being anything other than polite if they think they're being recorded...

Might try that next time my mum phones!!

Martin

HI
Yes I agree that is good advice.
It would be good to actually tape some of the worst offenders and would be sure the banks that have appointed them would drop them like a hot potato if they really knew what was said.
I think the worst one from memory is the "we don't recognise bankruptcy and you still have to pay"
Regards


Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

I've had that one Andy from Tesco Finance - they said that they didn't know I was bankrupt, and when I gave them the number and date the muppet on the end of the phone said that's a different date than we have on the system! It's a shame that their head of customer service didn't have the decency to reply to my letter!

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/