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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I successfully completed an IVA some three years ago in full

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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
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