Creditors in breach of IVA terms!

sammie28

Good evening,

I am looking for some information from anyone that works in the world of IVAs.
I am doing some research for my brother.
He started an IVA in 2007 and completed it in Dec 2012. He got his certificate in May 2013.
I spent a lot of time last year, trying to get 1 bank to update his accounts and then close them. They said that this had been done. (I usually do all this sort of stuff for him)
Now a few days ago, he got a statement from them saying that he still owed money on 3 out of the 4 accounts. Now 1 of these accounts I have a print out from the CRA that shows it as a zero balance and satisfied with the date of the completion certificate. I am pretty sure they updated all accounts.
They however are saying that only 1 account was included in the IVA! Which is rubbish. They even tried to tell my brother that they would have to default him again, which I'm pretty sure is illegal, as is chasing him for a debt that was involved in a successfully completed IVA.
All companies were sent a copy of the completion certificate and also a letter from the company that dealt with the IVA to say that he had completed it.

So, really I just want to clarify that my suspicions are correct that it is illegal to chase for the debt and also that they are in breach of the IVA terms.
My brother has also received a letter from a debt collection agency for another debt that was included in the IVA.
Obviously he wants to make a complaint about this and we are in the process of getting confirmation from the IVA company, of the documents they sent out to the creditors after completion, but who is it that he would complain to after the actual creditors if they won't do anything to rectify it. Is it the FSO OR FSA?


Thanks for reading and sorry for the long post, just trying to explain everything.

Anondebtadvisor

Do you have a copy of the proposal or completion statement? this will show which creditors were included - if not the IVA company should have a copy

sammie28

Yes, we have everything. The proposal showing all the companies that were included, the agreement, the statements, the completion cert and a final summary from the person who dealt with the IVA.

Anondebtadvisor

You may want to complain to the FCA http://www.fca.org.uk/consumers/complaints-and-compensation/how-to-complain

longtermplanner

It is illegal to chase debts included in an IVA. http://fshandbook.info/FS/html/handbook/CONC/7/3 see 7.3.16 That is the FCA handbook and they are who you should complain to. But first of all put your complaint in writing to the firm, citing the that FCA handbook reference and say you will complain to the FCA .

sammie28

Thank you for the replies. I will take a look at that now.