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IVA agreed but email from creditor

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slimzoe
slimzoe Posts: 75 Forumite
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edited 28 May 2013 at 10:44AM in IVA & DRO
i am so stressed. my IVA meeting was 23/5/13 and was accepted, 91% of my creditors voted in favour and, i thought that was the end of the stress. till i receieved an email yesterday from quid market (one of the creditors who voted in favour) stating that as they have had no contact from me they will be attempting to debit my account friday, saturday and sunday this week for the full £490. ive forwarded to email to payplan and replied to quid market stating they are not allowed to take the money but i am stressing as, they are the 1 pay day loan company who do have my account details. what if they debit the full amount? do i get it back? I really thought that once the vote had taken place this would all stp.
i also had an email statement from another pdl company quid.co.uk this one stating payment was due on 31/5/13. surely i shouldnt be getting these?

it gets better, they are now saying they knew nothing regarding the IVA and, have had no contact from Payplan, the fact they voted in the meeting seems to have passed them by completely! rargh!!!!!
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  • *Foolish*
    *Foolish* Posts: 165 Forumite
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    I don't know anything about IVA's so I can't help much, but can you not ring your bank and ask them to cancel the continuous payment authority? I did this, the first person I spoke to said they weren't sure they could do it, but the second person did it for me without issue. Then, I think (someone with more knowledge might clarify) if the bank still authorises the payment, they have to give it you back as you have withdrawn the authority. I suggest doing it over the phone rather than in writing as there's little time, but maybe send a letter also.
    First DMP payment 10/06/13
    Debt Free approx Jan 2018
    Starting debt: £50,013 :eek::eek:
    Current debt £39,128.41

    :eek:
  • slimzoe
    slimzoe Posts: 75 Forumite
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    when i spoke to the bank about this at the start of the process they told me they could not cancel it? i really thought that all the hassling emails, letters and calls would stop now.
  • timetofixit_2
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    It will stop - but it will take a little time for all the systems to catch up. Contact your Bank and make sure any DD or SO's to them are stopped or if they have debit card details consider asking the bank to cancel it and issue a replacement (tell them you mislaid it) - the new one will have different details to your current one so they will not . Keep forwarding everything to your IP and keep smiling !!
  • slimzoe
    slimzoe Posts: 75 Forumite
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    i just love how they blatently said they know nothing about the IVA when they voted, madness! and breathe! lol
  • fermi
    fermi Posts: 40,544 Forumite
    First Anniversary First Post Combo Breaker Intrepid Forum Explorer
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    Just in case, I would make sure that you cancel any CPA with both the bank AND the creditor ASAP.

    See: http://moneyaware.co.uk/2012/07/how-to-cancel-a-continuous-payment-authority-cpa-on-a-payday-loan/
    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
  • slimzoe
    slimzoe Posts: 75 Forumite
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    i have clearly stated in an email to the creditor that they are not authorised to take the payment. i will ring the bank when i finish work.
  • *Foolish*
    *Foolish* Posts: 165 Forumite
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    I think banks try and fob people off with this. They can. Which bank is it? Contact the company too, email is probably best informing them you are withdrawing your authorisation for the CPA, then send them a letter. You need to do what you can to stop that money coming out, do you have another bank account you can put your funds into? At least until you are certain the CPA has been removed.
    First DMP payment 10/06/13
    Debt Free approx Jan 2018
    Starting debt: £50,013 :eek::eek:
    Current debt £39,128.41

    :eek:
  • matttye
    matttye Posts: 4,828 Forumite
    First Anniversary First Post Combo Breaker Debt-free and Proud!
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    slimzoe wrote: »
    when i spoke to the bank about this at the start of the process they told me they could not cancel it? i really thought that all the hassling emails, letters and calls would stop now.

    Tell the bank that Regulation 55 of the Payment Services Regulations 2009 gives you a legal right to instruct them to reject a payment and you're entitled to full redress if the payment then goes out.
    What will your verse be?

    R.I.P Robin Williams.
  • slimzoe
    slimzoe Posts: 75 Forumite
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    thanks all, i have heard nothing from them since i pointed out they voted in the IVA meeting. waiting for pay plan still. i made it clear in my email to them they were not authorised to take the money and i will contact nationwide today. thanks for the help, im a bit calmer now!
  • rizla_king
    rizla_king Posts: 2,895 Forumite
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    Tell them clearly that you withdraw consent for the payments. Use those words.

    They are obliged to cancel them, whether they like it or not, or say they can or not. If they allow them to go through after you have given enough notice then they must refund or reverse the payments.
    Still rolling rolling rolling...... :) <
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