expected to pay the same debt twice.

[andyc75]

hi all. i have an iva on a debt that has almost cleared, still owe 250 on this debt i have always paid it on time and continue too, but now another debt company is chasing me for the same debt i have tried to speak to them but they arnt interested in sorting it out they tried taking me to court last year for that debt and i wrote to the court explaining that i wasent prepared to pay twice, it never went to court but went back to there legal department, now they are chaseing me again with a Tomlin order and now want to put more costs on, how can i stop them from chasing me. i live on war pensions and the stress of going round in circles with them is affecting me, and it has cost me 20 quid just this week alone in phone calls and i am no futher on than i was a year ago. help!

[Amethyst]

The court claim that they issued last year was put on hold after they failed to respond to the court after your defence? Presumably the Tomlin Order is accompanied by them threatening to apply to lift the stay and proceed with the case?

You have documents from your IVA provider showing that this debt is included in your IVA ? Also, presumably, records of the payments being made?

Can you do a picture of the letter and Tomlin order they have sent you please (if you struggle to redact and upload you can email the pics to me admin@legalbeagles.info ) and we can work on a reply to tell them to put their heads back under the blanket - probably tell them to discontinue the claim or you will ask court to award your costs of defending their claim etc.

How much are they claiming ? the original debt amount ?

[andyc75]

hi amethyst, the original debt was for 1200 pounds. repayment of 8 pounds a month(this was one of a few debts in my iva) the balance of the debt from my real debtor is now 250 pounds, so i have cleared 950 of that debt and i have all proof of payments and solicitor paperwork for the iva, however mortimer clarke seem to believe the debt is 680 pounds, the letter states that they will appy for a cjc against me and incur more costs (they also said the same thing to me over the phone this week) on the next page of the letter they offer me 50% reduction on the debt, and if i agree to this in the next 30 days ( which has nearly lapsed) they will send me a tomlin order.

[Amethyst]

Your original defence to the claim stated quite clearly it was included in your IVA and was being paid?

What is the original debt - who was the original creditor?

If Mortimer Clarke issued a claim that means the original debt has been sold to Cabot by the original creditor so your IVA might be paying a creditor who no longer owns the actual debt. Likely it has been sold on in error ( potentially when the outstanding balance was £680). Have you informed your IVA firm about the court claim etc ? Also are you 100% that you had an IVA and not a Debt Management Plan ? ( IVA is usually for a period of time rather than for balances of debts)

[andyc75]

i spoke to mil collections (on behalf of argos ) about the debt that i have been diligently paying and they said that the debt was never sold and confirmed all my details of the debt and are sending me a letter saying that the debt is still owned by them and is being paid and a balance of account to date, also i have looked through my solicitors papers and i cant find anywhere if i did an iva or a debt management plan,( i will have to pop to the solicitors and ask what they put me under) i also thought that there was some mixup with a debt being sold but mil collections say they never sold it ?.