Phone calls from creditors are undoubtedly among the most hated aspects of being indebted. The very thought of facing the creditors via the telephone and explaining why you are incapable of maintaining your commitments is harrowing. Whenever you go into an Individual Voluntary Agreement, certain things are there that you will anticipate happening and among those things will be that the phone calls from creditors will stop.
It is certainly in the IVA spirit for phone calls from the creditors to stop; however, nothing is actually there within the terms and conditions of the IVA which instructs the creditors to desist from directly contacting the debtor.
This is an indication that although the Insolvency Practitioner would have written to all the creditors, as a component of the protocol for establishing the IVA, telling them to directly correspond with his or her office regarding all relevant enquiries or paperwork, there is very little that can be done if the creditor decides not to comply.
In fairness, it should be noted that the majority of creditors do stop making those pestering phone calls and sending the threatening letters during the setting up of IVA process, prior to the convening of the creditors meeting and concentrate instead on directly dealing with the office of the Insolvency Practitioner.
What Action Should Be Taken If A Creditor Does Not Comply With The Request Of The Insolvency Practitioners?
The best thing to do is to forward the correspondences to the Insolvency Practitioner and make his or her office aware that a particular creditor has refused to stop contacting you directly. If the pestering continues, you can read our article which outlines ways in which to handle creditor calls.
Frequently the continued phone calls stem from the fact that the creditor’s systems were not properly updated. The Insolvency Practitioner would contact the creditor again and provide the relevant details associated with the IVA and make a renewed request for direct contact to be made to the office of the Insolvency Practitioners.
If a creditor states that they have not obtained anything from your Insolvency Practitioner or informs you that the IVA will not be accepted, there is no need to panic. Some debt collection agencies or creditors might attempt to scare you into paying them directly.
If this happens, do not respond to them with a payment. Inform them instead of the contact details of your Insolvency Practitioners and take a firm stand in telling them to speak directly to the practitioner as your instructions are to pay your creditors only by way of the IVA.
To receive further information regarding ways of dealing with phone calls from creditors, call your Insolvency Practice directly.