IVA Approved but Enforcement Agency still chasing

rangout
rangout Posts: 78 Forumite
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in IVA & DRO
Hi


Has anyone had experience of this?


I have a large amount of debt, but because of a house sale, I have managed to get a lump sum IVA agreed with the creditors


However, one of the debts is for Council Tax and this has been passed onto an Enforcement Agency. They are currently chasing me for the amount I owe and aren't listening. I have now received a text and letter, threatening a visit (they have done this before, but never turned up. They have charged me £235 for a previous visit that never happened. I live in a hostel with a receprion area. All visitors must sign in. No one showed up)


The Council Tax debt wasn't a large enough debt for the council to vote on the IVA, so can they still chase it, and apply fees? The money has been sent to the IVA company and is in the process of being paid out. They are telling me to sit tight, but I can't afford more debt soon after sorting this out


Thanks

Comments

  • DorisTrousers
    DorisTrousers Posts: 548 Forumite
    If the debt was included in the IVA then they have no power of recovery and you are free to ignore them. If the debt was not included in the IVA, speak to your I.P. and get it added retrospectively. As long as the debt is no larger than 10% of the other debts that were in this is a relatively easy process.

    Either way, I would not worry too much.
  • rangout
    rangout Posts: 78 Forumite
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    Thanks. Seems like the agency is trying it on
  • CIS
    CIS Posts: 12,260 Forumite
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    The issue comes up regularly regarding bankruptcy where there are some cases where the enforcement agents can still pursue the debt but those situations are limited.

    IVA's are about the only area of council tax I've specifically never dealt with but I can't see why the council wouldn't be bound by it providing the IVA was accepted by the specified % of creditors. You need to speak with the administrator of the IVA and take their advice to make sure it is covered - in the meantime I'd also suggest contacting the council as they will usually have someone who specifically deals with IVA cases.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CIS
    CIS Posts: 12,260 Forumite
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    rangout wrote: »
    Thanks. Seems like the agency is trying it on

    It's not that they're trying it on, it's more that they will only act under instruction from the council as to whether or not the debt is still due for collection.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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