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Help please for a friend
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my friend is currently in an IVA with Vardan Nutall, she is in receipt of CSA payments for her child it would appear on face value that the CSA payments are being incorporated into her monthly expenditure. Is this correct, should the CSA payments be incorporated into the IVA or sent to a separate bank account to look after her child? On a side note, she is constantly being harassed by Santandar via telephone, after speaking many times with her Insolvancy Practitioner, no action seems to be taken in stopping them phoning. Has anyone got any advice on these two problems and is it possible to move the IVA to a different Insolvancy Practitioner as Vardan Nutall seem to be slow in actioning the harassing phone calls. She has currently been in the IVA for 8 months now. Many thanks for reading and advice appreciated.
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Hi. The CSA payments do form part of her income, so should be included.
Regarding the harrassment: It is virtually impossible to change IP's, and because they are not being successful with Santander doesn't mean they aren't trying. Some creditors do not seem to get the message!!!!
Next time Santander contact you advise them that the harrassment is contrary to the IVA agreement and, if they persist, you will refer the matter to the Fionacial Ombudsman. You could also mention that harrassment is a criminal offence and you will also involve the police if required.0 -
And make sure you ask them lots of questions, ask them their name, their full name, their staff number, what site they work in, their position in santander, their boss's name, full name, staff number, position etc etc etc.
I would throw in a few phrases like this," for the recorded record you understand that i am in an IVA, number xxxx in the county court xxxx and you acknowledge that i have informed you of my IP's name and address and contact number, and you acknowledge that i have told you that account number xxxxxx is listed in that IVA and that IVA having been passed on date xxxxx bounds all creditors to it regardless of how they individually voted etc etc etc
take control of the phonecall, they would be a brave/foolhardy person to phone back after thatHi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.0
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