IVA and creditors

mrs.e_5

Hi, I'm new to the boards so please bare with me.

My husband (and I) are in the process of applying for an IVA. Unfortunately, it's taking longer than anticipated as the company got most of our details wrong and mixed up (as it has been passed to 3 different case workers) and now they have to redraft our paperwork and start again. So this has been going on for about 9 weeks now.

During this time, 2 of our creditors, namely MBNA (which has been passed on to Global Vantedge) and Barclays Partner Finance, have been constantly ringing our landline from 8am right through to 9pm. I answered the first few calls, only to be told they couldn't tell me anything and they would ring back the day after. My husband usually works Mon-Sat at the times they are calling, which I have told them this, but they still continue to call at the same times. Now I ignore the calls. The only day I don't get calls is on a Sunday, or so I thought up until today!!

The call today was from Barclays, she was very rude, ignorant, abrupt until I ended up putting the phone down on her. My husband is working today.

Now the questions I have, and I hope I find answers to are:

1. What days/times are they allowed to call you?
2. If an IVA has been applied for and creditors informed... why are they still calling us?

Thank you

marieclaire_2

I entered into an IVA 4 months ago and was in undated with calls from MBNA and Barclays prior to this and a month into the IVA. Basically they put the pressure on to get the money from you. I usually just didn't answer but when I did told them I had applied for an IVA and WOULD NOT be paying anything. I know the calls can be quite unpleasant but if your IVA is successful they will stop eventually.

The IVA so far is going OK but am dreading Christmas! Sure there will be tough times ahead but having that sense of control back is great! Mine is over 6 years - it seems a long time but know it was time to deal responsibibly. Am thinking of it as a loan that will have me debt free and living again in 6 years rather than forever (I calculated that min payments on my MBNA CC would take 300 years!!!)

Good luck x

Charco_2

I dont think there is an exact answer to your first question - not sure the law is any more specific than just to say something like "reasonable hours" and a limit somewhere short of harassment. Usually anthing from 8am - 8pm is acceptable.

Your creditors will continue to ring you until a proposal has been put in place - it's worth their while if they ring round and some people end up paying something. Just keep explaining that you have spoken to an IP and that you are pursuing a debt solution in insovency and that you cannot currently pay any money to any creditor as that would be a preferential transaction.

They'll tell you all sorts but you don't have to continue the conversation, say "thank-you for noting that on our file, goodbye!" Let them get annoyed and angry if they like but you are doing your best now with a bad situation.

Stick with it and good luck!

PaulinWeston

mrs.e wrote: »

2. If an IVA has been applied for and creditors informed... why are they still calling us?

Sorry to hear you're having hassle - I remember it well myself (it's about as welcome as a fart in a spacesuit!)

If they call - I'd simply refer them to your IP - after all, they are making a charge to nominate (and supervise) your IVA, they should deal with the phonecalls on your behalf (at least mine did - Spectacularly well!!)

You could also tell them that if they continue to call you, you will report them to OfCom: [http://www.ofcom.org.uk/consumeradvice/landline/privacy/silent/]

You might also want to register with the Telephone Preference Service, as they can help prevent you receiving further nuisance calls. You can call them on 08450 700 707

PaulinWeston

Just found this Great letter - posted by 'Orford': I think you could change it a little and send it off!!

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:

Thank you for your letter of **DATE**, the contents of which are noted.

This matter is the subject of a claim issued at XXXX County Court on DATE
(Claim No. XXXXX) Change this to "This matter is now deing delt with [name of IP] pending an IVA proposal.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt. As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

In addition, after taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I trust that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

mrs.e_5

marieclaire wrote: »

I entered into an IVA 4 months ago and was in undated with calls from MBNA and Barclays prior to this and a month into the IVA. Basically they put the pressure on to get the money from you. I usually just didn't answer but when I did told them I had applied for an IVA and WOULD NOT be paying anything. I know the calls can be quite unpleasant but if your IVA is successful they will stop eventually.

The IVA so far is going OK but am dreading Christmas! Sure there will be tough times ahead but having that sense of control back is great! Mine is over 6 years - it seems a long time but know it was time to deal responsibibly. Am thinking of it as a loan that will have me debt free and living again in 6 years rather than forever (I calculated that min payments on my MBNA CC would take 300 years!!!)

Good luck x

Thank you for your reply. It is really getting me down now as this has been going on since the end of June, 3 phonecalls a day from MBNA and 3 a day from Barclays. It should have been sorted5 weeks ago, but DFD messed up and now they've had to re-submit.
I hope it gets sorted soon as I don't know how long I can put up with these phonecalls.

mrs.e_5

Charco wrote: »

I dont think there is an exact answer to your first question - not sure the law is any more specific than just to say something like "reasonable hours" and a limit somewhere short of harassment. Usually anthing from 8am - 8pm is acceptable.

Your creditors will continue to ring you until a proposal has been put in place - it's worth their while if they ring round and some people end up paying something. Just keep explaining that you have spoken to an IP and that you are pursuing a debt solution in insovency and that you cannot currently pay any money to any creditor as that would be a preferential transaction.

They'll tell you all sorts but you don't have to continue the conversation, say "thank-you for noting that on our file, goodbye!" Let them get annoyed and angry if they like but you are doing your best now with a bad situation.

Stick with it and good luck!

Thank you, the debt is in my husbands name, so the first few weeks I was explaining that my husband was at work etc and that the times they were calling were pointless and any correspondance should be in writing, but that fell on deaf ears. I then started to tell them that my husband wasn't available and they should contact DFD, again, fell on deaf ears. I then started ignoring the calls, which went to my answer machine, they would ring immediately after, so I was having 6 calls a day from each company... so then I started answering the phone again and telling them they had the wrong number! It worked for a week and now have gotten persistent again, I am at my wits end!
but thank you for your reply, I just hope it all gets sorted soon and the phone calls stop.

mrs.e_5

PaulinWeston wrote: »

Sorry to hear you're having hassle - I remember it well myself (it's about as welcome as a fart in a spacesuit!)

If they call - I'd simply refer them to your IP - after all, they are making a charge to nominate (and supervise) your IVA, they should deal with the phonecalls on your behalf (at least mine did - Spectacularly well!!)

You could also tell them that if they continue to call you, you will report them to OfCom:

You might also want to register with the Telephone Preference Service, as they can help prevent you receiving further nuisance calls. You can call them on 08450 700 707

Thanks, already registered with TPS but this only works (to some degree) with company's you don't already deal with.
Would reporting them to OFCOM work considering that, although they are a nuisance and stressful, they are not threatening and there is a reason for their calls. I did actually threaten them today with OFCOM due to harrassment, but the lady was quite ignorant and refused to listen to me.

We have been onto DFD about the calls, who have said they will deal with them, but to no avail. They either have and they're not interested or they haven't tried sorting it.

mrs.e_5

PaulinWeston wrote: »

Just found this Great letter - posted by 'Orford': I think you could change it a little and send it off!!

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:

Thank you for your letter of **DATE**, the contents of which are noted.

This matter is the subject of a claim issued at XXXX County Court on DATE
(Claim No. XXXXX) Change this to "This matter is now deing delt with [name of IP] pending an IVA proposal.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt. As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

In addition, after taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I trust that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Cheers, this looks great! I have taken note and am seriously considering writing to them!!

Raindrops_3

My case is also being dealt with by an IP and seems to be taking forever, we started this in May and a date still hasn't been set. I got to a stage of unplugging our housephone as the calls were all day and sometimes very unpleasant, Mercers being the worst acting as Barclays collection agents. I wrote to all the card companies and banks giving them our IP's address and phone number saying that it was now with them and we wouldn't be making any payments until such time as a meeting had taken place and a monthly amount agreed. I'm pleased to say that most of the companies have stopped phoning, only Mercers phone now to check the status as to our present position and every time I tell them the quicker you agree to a meeting the quicker this will be resolved !

Hang in there, you are doing your best like us to get it resolved and I understand now that all they want is a token payment which they can't have till it's all sorted.

We did have a strange call from Capital one a couple of weeks ago they said they know we owe £6,000 but are happy now take £4,000 in settlement and that's before the IP has even met with them !

Raindrops_3

Also wanted to add, I was tearful all the time, hid in my house and was afraid to face the world until I started coming on here and reading everyone's experiences. So many people that post here have helped me be stronger and face my debt and hopefully my recovery. I find Charco's information invaluable, so keep reading the forums and be strong x