Close Credit Management

jessjess_2

I have an IVA in which a motorbike on finance is included. This IVA was passed in Jan 08.

Blackhorse have passed the finance amount to this company (illegally in my view) even though they voted in favor of the IVA and i havent missed a payment.

They keep hasseling me via letter, and i called them last week to adv them to refer back to LTSB and clear the mess up. They asked for a telephone number but i refused to give them one, and advised them not to take it down as i didnt wish to communicate via phone.

They called me today and left a message on my andwerphone, surely this is n breach of the Data Protection ACt as we are ex directory and none of the companies invilved have our telephone number.

What can i do about these jokers, their call centre in Sheffield are staffed by morons and they will not go back to Blackhorse.


TIA

jessjess_2

anybody? im pulling my hair out!

jessjess_2

no one can help???

jude47

Hi Jess

I'm anything but an expert on this, but I thought that once an IVA is agreed, even if a particular creditor doesn't agree but the majority (in value of debt, not number of creditors) have agreed and the IVA is passed, then creditors are barred from taking any recovery action unless they apply to the County Court for permission to do so.

Challenge Close about this and ask when they obtained permission from the Court, which Court, which Judge, Case number etc. Do this in writing. Better yet, contact your Insolvency Practitioner (IVA provider) and get them to deal with it - after all, they're charging you plenty for running your IVA!!

Hope this helps and let us know how you get on.


Jude x

standupguy

I suspect Close Credit management will be trying to make an appointment to come and see you.

They will probably try to convince you to surrender the bike to reduce the balance owing to Black Horse.

If it is on Hire purchase I suspect that you have paid at least one third of the HP price and therefore the bike cannot be repossessed without a court order.

You do not have to listen or talk to them - they will not have purchased the debt they will just be acting as agent to BH.

jessjess_2

jude47 wrote: »

Hi Jess

I'm anything but an expert on this, but I thought that once an IVA is agreed, even if a particular creditor doesn't agree but the majority (in value of debt, not number of creditors) have agreed and the IVA is passed, then creditors are barred from taking any recovery action unless they apply to the County Court for permission to do so.

Challenge Close about this and ask when they obtained permission from the Court, which Court, which Judge, Case number etc. Do this in writing. Better yet, contact your Insolvency Practitioner (IVA provider) and get them to deal with it - after all, they're charging you plenty for running your IVA!!

Hope this helps and let us know how you get on.


Jude x

Many thanks, i have sent all the info to my IVA supervisor

jessjess_2

standupguy wrote: »

I suspect Close Credit management will be trying to make an appointment to come and see you.

They will probably try to convince you to surrender the bike to reduce the balance owing to Black Horse.

If it is on Hire purchase I suspect that you have paid at least one third of the HP price and therefore the bike cannot be repossessed without a court order.

You do not have to listen or talk to them - they will not have purchased the debt they will just be acting as agent to BH.

they tried to come round but we moved out of the address they have around a month ago.