Creditor Hassle During IVA. At what point can you sue?

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Hi All,

Ive been in my IVA for a year. 80% of my debt is with one creditor, and ever since my IVA was started (it is definatly an IVA and has legally been agreed by them) I have been getting letters from the collection agency my creditor uses (called moorcroft).

Ive told my IP company about 10 times that i want it stopped, and they say they have contacted them time and time again, yet the collection agency wontstop (saying that the creditor hasnt informed them to stop). I have received another letter today, and had a collector at my door last month.

If this does not stop and my IVA company are really doing all they can, then what can I do? If this is a legal binding agreement at what point can I say that is it and take legal action?

Anyone had experiences like this?

thanks.

Comments

  • Antoine_Roquentin
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    It's pretty common with companies like Moorcroft to keep on keeping on so to speak.

    I'd say the IVA company weren't doing enough. They should go straight to the creditor and have them pull the debt back from Moorcroft.
  • Southpaw18
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    Thanks Antoine,

    that was my concern and i did complain to them about it andreceived a phonecall from them saying that they had faxed over details after calling them many times (they also said it costs the creditor £1 per sheet to fax for some reason) and they werent listening.

    Ive been told i have to stick with my IVA company and im ok to do that but something needs to be done for me here because both sides seem to be playing off each other, and its eliminating the point of being on an IVA.
  • Charco_2
    Charco_2 Posts: 1,677 Forumite
    edited 31 March 2010 at 10:20AM
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    It's certainly not worth trying to change IVA provider, however you could modify some of the letters availabe on the debt free wannabee board to put the fear of God into Moorcroft and your creditor because the power is now with you, not them!

    There was someone on here not so long ago with a similar problem so I'll have a look for their thread!


    EDIT ...I'm back

    http://forums.moneysavingexpert.com/showthread.html?t=2347847&highlight=

    this was a thread started by DROWNINGNOTWAVING, in it there is another link to a website outlining your rights etc. The debt collection company are breaking the rules and it's time for you to hammer them for it. I could be wrong but I think every complaint made about a company results in some sort of fine whether the complaint is upheld or not so next time they contact you prepare yourself with your rights, their wrongs and let them know you wont tolerate it any further!
    Would you ask the wolves to look after the sheep?
    CCCS funded by banks
  • Southpaw18
    Southpaw18 Posts: 82 Forumite
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    thanks Charco, i will look into this, just wish some of these companies had some morals! their so quick to chase for money then when they legally agree to stop they still wont, its unreal sometimes.

    thanks again for everyones help.
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