IVA terminated & now being chased by solicitors for a debt that I don't recognise

timberflake

shibbles wrote: »

Its coming up to 2 weeks since I posted this letter and to date I have heard nothing at all...what is my next step?

Did you send the letter by recorded delivery? If not re-send the letter so that you have proof that it was sent and, more importantly, delivered to them. I would give them give them 28 days to substantiate the debt after which if nothing has been heard you will consider the matter finalised.

That may not stop them chasing you, but it may spur them into action a bit quicker.

As to how the amount jumped, they could have been adding charges. In the 6 months it took me to arrange my IVA, my creditors added £10,000 in charges to my accounts!

shibbles

Thanks Timberflake

I will print out another letter and get this sorted today, should I state somewhere in the letter that its my 2nd request..or just send it as it is??

fermi

shibbles wrote: »

Its coming up to 2 weeks since I posted this letter and to date I have heard nothing at all...what is my next step?

Send this:

http://forums.moneysavingexpert.com/showpost.html?p=11660785&postcount=8

shibbles

Fermi, my original letter was only sent normal post,,,should I send one recorded deliver before I send them the letter you have linked?

fermi

You shouldn't need to, but it might be an idea.

They can't deny getting it then.

timberflake

fermi wrote: »

You shouldn't need to, but it might be an idea.

They can't deny getting it then.

Course they can, mail goes missing all the time, unless you've got proof that it was delivered they can quite easily say they didn't receive it.

OP, re-send your letter by Recorded Delivery and give them 28 days to respond. Like I say, it may spur them into action or you may never hear from them, but at least you have proof that you wrote to them and that they received it.

fermi

timberflake wrote: »

Course they can, mail goes missing all the time, unless you've got proof that it was delivered they can quite easily say they didn't receive it.

Read again what I wrote.

I am saying exactly that. If you send it recorded delivery, then they can't deny receipt. :rolleyes:

anniecave

i would maybe suggest finding out what all of your debts are (not just one) as if you agree to repay one at a rate you can afford, then the next one comes along to chase you, you won't have the money to pay that one back too.

you may want to go down a debt management plan route, depending on what your income is, how much you owe on all of the accounts etc

They can legally chase you up to six years after date of last payment and if you have only been 18 months since the iva failed they have another 4 and a half years in which they can come calling...

shibbles

To date I still have heard nothing from Fairfax regarding my request for a breakdown of account, I have checked bank statements and the £1 cheque I sent was cashed on the 11/11/09 do they have 12 working days from this date to reply?

shibbles

fermi wrote: »

make them prove it.

Link: factsheet | getting a copy of your credit agreement, account details and a statement of account.

and if they have added unjustified charges, then challenge them.

its now been passed the 12 days..i have heard nothing from fairfax, does this mean they can no longer pursue this debt??