How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I successfully completed an IVA some three years ago in full

Resolved Question:

I successfully completed an IVA some three years ago in full and final settlement of my debts. my home had been repossessed, and the shortfall was included in the IVA and creditors meetings. The agents of the mortgage company voted at the meetings to satisfactorily conclude the IVA, and received a dividend.
I have just had a letter from a debt collection agency claiming to represent the mortgage company, saying the shortfall debt is now owed, and we have to repay it. I have been informed by my former IVA supervisor that their claim is not valid, and I have written them to say so with a certificate of proof of completion.
I am a disabled pensioner, and this is causing me some distress. I wonder if there is any way of stopping action against me, and disturbing correspondence of this nature from companies who purchase debt. Can I take out an injunction, and how would I go about it?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 1 year ago.
Hi Alex I am just having difficulty navigating the dialogue boxes . I am not sure we need a chat at this stage, but would like to keep options open.
Basically I am being harassed by a debt collector, claiming to act for a mortgage company in respect of a debt that was conclusively settled, through a straightening IVA process, so I want to get them off my back for good. In the longer term I may want to complain to the ombudsman as I know the mortgage company has been fined for breaching rules of customer treatment. They have earned a certain notoriety.
Expert:  Ash replied 1 year ago.
Can you apply for an injunction - yes. But the process can be complex and if you lose you would be liable for their fees.
You need to get a Solicitor to write and ask them to stop or say you are getting an injunction. If they refuse then you can apply to the Court using form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter for hearing and decide whether to give an injunction. If the Court grants the order and they ignore it, this is contempt of Court which they can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you Alex. I think I need to wait for their reply to my letter first. I told them of the fact that the debt had been lawfully satisfied, and I asked them to desist. My fear is that they will simply ignore the antecedents, and go for a fresh CCJ or Bankruptcy. As the IVA was registered with the court, would ignoring it constitute contempt?If that should happen, I would then need to think about more formal action and find a suitable solicitor as my former legal team have retired.
Expert:  Ash replied 1 year ago.
It would only be contempt if you had an injunction.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thank you, ***** ***** helped to clarify the situation.
Expert:  Ash replied 1 year ago.
Good luck
Alex
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions