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Creditors are still contacting you - individual voluntary arrangements

Mae’r cyngor hwn yn berthnasol i Cymru

This page tells you what to do if your creditors or debt collectors are still contacting you about your debts covered by an IVA.

An IVA is a formal and legally-binding agreement between you and your creditors to pay back your debts over a period of time.

Creditors included in the IVA

All the creditors that could vote at the creditor's meeting when the IVA was set up are legally bound by it. They’ll be bound by it even if they didn’t vote or voted against the proposal. That means they have to stick to the terms and conditions of the IVA.

They are not allowed to:

  • chase you for debts covered by the IVA
  • contact you directly about the IVA or the debts included in it
  • add interest or charges to the debts included in the IVA.

Your creditors should always contact your insolvency practitioner (IP) if they have any queries about anything. This applies whether you are being chased by a debt collector on behalf of the creditor or the creditor directly.

Tell your insolvency practitioner straight away about any phone calls or letters from creditors or debt collectors included in the IVA. Ask your insolvency practitioner to speak to the creditor on your behalf. If a creditor phones you, politely ask them to discuss the matter with your insolvency practitioner and give them the contact details.

If you owe money to people or companies in the EU

Any debts you owe people or companies in the EU might not be covered by an IVA. 

Your creditors could keep asking you for money, for example by calling you and sending you letters. 

If you live in the EU, they could take you to court in the EU. 

EU creditors still have to sue here in the UK rather than abroad in the EU, even if they have an existing judgment. The UK will recognise EU judgements entered or started before 31 December 2020.

Get legal advice if you have creditors in the EU. Find free or affordable legal help.

Creditors or debts not listed in the IVA

If you have debts with creditors that aren’t listed in the IVA, what you should do depends on why they aren’t listed.

If you forgot to list the creditor when you set up the IVA

The creditor will still be bound by the terms of the IVA - this means they’ll be included, even if you forgot to list them. If the creditor contacts you, ask them to talk to your insolvency practitioner instead. 

Make sure you tell your insolvency practitioner what’s happened. They’ll use the money you pay into the IVA to pay this creditor as well as the other creditors.

If the creditor wasn’t listed for a different reason

The creditor might not be listed in the IVA if either:

If you’re not sure if the creditor is included in the IVA, you should ask your insolvency practitioner.

If the creditor isn’t included, they can still contact you and chase you for the debt - you’ll need to deal with this debt separately from the IVA.

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