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CAPITAL ONE

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(@perston)
Trusted Member
Joined: 15 years ago
Posts: 56
Topic starter  

Hi All,
Hope you can help on this.I am 3 months into my Trust Deed,I have had a letter from Capital One saying that they have been told about my IVA? (is this the english term of trust deed?) Anyway it's a bit worrying what they have said at the end of the letter, here goes.
YOU SHOULD BE AWARE THAT IF WE TAKE YOU TO COURT AND GET A JUDGEMENT AGAINST YOU REQUIRING YOU TO PAY US THE MONEY YOU OWE US UNDER THE AGREEMENT, YOU MAY HAVE TO PAY US BOTH THE AMOUNT OF THE JUDGEMENT AND INTEREST UNDER THE AGREEMENT ON ALL THE SUMS OWED BY YOU AT THE DATE OF THE JUDGEMENT UNTIL YOU HAVE PAID THESE IN FULL. THIS MEANS THAT EVEN IF YOU PAY OFF THE WHOLE AMOUNT OF THE JUDGEMENT, YOU MAY STILL HAVE A FURTHER SUM TO PAY.
It also says that the bank will not take me to court whilst the IVA is in place, does this mean that they will after my trust deed is complete? Is this IVA stuff different, the last thing I want is to be taken to court after my trust deed. Any advice would be great.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Perston

Don't worry, it's pretty standard. They can't take you to court during or after the Trust Deed. Once the Trust Deed is finished, the debt is legally dead.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@perston)
Trusted Member
Joined: 15 years ago
Posts: 56
Topic starter  

Hi Mark,
Many thanks for your reply, I can go and sleep now!


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi perston,

Hope you had a good sleep!

An IVA is in many ways similar to a Trust Deed and is available in England, Wales and Northern Ireland.

I think this letter has been written to confirm that, if the IVA were to fail (i.e. the individual failed to make the payments) legal action on the debts could start again.

As Mark says anyone in a Protected Trust Deed (or IVA) who is meeting their commitments has nothing to fear in terms of legal action from included creditors.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@perston)
Trusted Member
Joined: 15 years ago
Posts: 56
Topic starter  

Thanks for your responses and I slept well thanks ;). I am 100% sure that my trust deed will not fail I will be meeting all the commitments.
Thanks again.


   
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