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Creditors still chasing despite IVA

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I wonder if anyone can give me some advice.

I was awarded an IVA in April. When it was agreed I was warned by my practitioner that I may still get some chasing letters and to just file them, but not to respond. So this is what I did.

I then started getting phone calls from Viking Services on behalf of Santander who were still demanding payment. I gave them the reference of my agreement and the details of my practitioners. They put the account on hold for 40 days. I informed my practitioners who said that sometimes it takes a while for things to "catch up" internally with creditors.

After 40 days the phone calls started again. Again they were put on hold. Now another 40 days have lapsed and they are still harassing me. Part of my agreement states that I am not allowed to make payment to my creditors outside of the IVA but I am at my wits end now, as they are threatening to put another credit agency in charge of the debt. I am on the verge of payment just so they will stop calling me, but I don't want to breach my agreement.

My IVA practitioners have been informed that this is going on, but I haven't heard anything from them yet. What do I do?

I felt quite empowered at the beginning of the year that I was taking responsibility for my debts instead of hiding from them, and was happy with the terms of the IVA. Now I feel like everything is spiralling out of control again and I can't do anything about it.

Comments

  • debtinfo
    debtinfo Posts: 7,012 Forumite
    you just have to take charge of the call, next time they ring, remind them that you are recording the conversation, ask the person for their full name, ask them for their staff number, ask them what office they work at and ask them for the full trading name of the company and the company number, then ask them for the direct line managers name and the name of the person in overall control of the office they work in.If they ask why, tell them that it is so that you have a court acceptable record of the conversation. Then when all that is done tell them the details of the IVA, finally ask them to confirm the date and time of the call
    Hi, 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.
  • Write to them, tell them the debt forms part of the IVA and to direct any questions to your IP, and you won't entertain any further calls.

    Viking has purchased your debt, probably unaware at the time it was going to become part of an IVA, and now trying to recoup something from it.

    They'll give up eventually as they'll see there is nothing to gain.
  • PS. Do not make any payments or you will be breaching your IVA terms.

    PPS. It's really nothing to fret about. There's nothing they can do. It's all words and jargon to attempt to flummox you into payment.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    jalvpa wrote: »
    Just looking for some advise, i put myself on a debt management plan earlier this year (£16K debt)

    This should really be in it's own thread. I'll move it into one and post a link below.

    Link ---> https://forums.moneysavingexpert.com/discussion/4281887
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thanks for advice folks.
    Write to them, tell them the debt forms part of the IVA and to direct any questions to your IP, and you won't entertain any further calls.

    Viking has purchased your debt, probably unaware at the time it was going to become part of an IVA, and now trying to recoup something from it.

    They'll give up eventually as they'll see there is nothing to gain.

    I have repeatedly given them my IP and IVA details. I'm going to give my IP a ring first thing tomorrow and I'll ask them to write to Santander/Viking on my behalf as they don't seem to want to accept anything from me. I'm just concerned that they will send a debt collector to my house as they don't seem to want to accept the IVA.
  • Just to update. I've spoken to my IP today and they have confirmed that I should do nothing and are contacting Viking and will send them another copy of the Chairman's report. Feeling a lot less anxious now! Thanks for the advice. This is is great resource.
  • Another update on this.

    I came home last night to find another letter from Viking saying that they had appointed a debt collection agency. I rang the debt collection agency and asked them if they had immediate access to the insolvency database, when he confirmed that they did I asked him to input my details and confirm that he could see I was placed on an IVA in April. He apologised and said I would not be hearing from them again. If only Viking had been that easy!
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