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If your creditors are still contacting you

This advice applies to England

Your creditors should always contact your insolvency practitioner if they have any queries. This applies whether you're being chased by a debt collector on behalf of your creditor or directly from your creditor.

Your creditors are legally bound by your IVA and have to stick to its terms and conditions. This means they’re not allowed to:

  • chase you for debts covered by your IVA

  • contact you directly about your IVA or the debts included in it

  • add interest or charges to the debts included in your IVA

You should tell your insolvency practitioner straight away about any phone calls or letters from creditors or debt collectors included in your IVA. You can ask your insolvency practitioner to speak to any of your creditors 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.

If you have creditors or debts not included in your IVA

Your IVA might not have a creditor listed if either: 

  • the type of debt can’t be included in an IVA 

  • the debt is a mortgage or rent arrears

You can check which debts can’t be included in an IVA.

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

If a 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 your IVA.

You can find help with other debts.

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