Hi I don't' think the documents themselves are on public view only the fact they entered and arrangement via IVA or declared bankruptcy is available online. I could however be wrong. x
Welcome to the forum.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
I think you are right Lesley - only entries on the register are available for public view.
Why do you wish to know this?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Without going into details I've found out that someone may have deliberately withheld from declaring assets on their SoA (and not a small amount - well into six figures)
Before contacting the IP and making a serious allegation I need to make sure that what I tell the IP is 100% accurate. I have proof of ownership of the assets at the time the IVA was going through.
No idea how you would access this - how can you view their SOA? I've not heard of anyone being able to look at this.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
well, Klutter, there are realy only two options: either they declared these assets to the IP, or they did not.
Simply advising the IP that these assets were in existence at the time the IVA was accepted, should you deem it fit to do so, and making no allegations if it's merely a statement of fact would again have one of two outcomes: either they were declared, in which case no harm, no foul, or they weren't. In tha latter eventuality the next move will be in the hands of the IP.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Quite agree. Unless it is likely to affect you personally then I would let sleeping dogs lie.
It may well come back to bite them on the bum!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
If it is the worse case situation and there are inaccuracies in the SoA (and hence the possibility of a material irregularity) what is the most likely course of action that an IP would take?
Does the IP have an overriding duty to the creditors or the client?
Can I ask why you are so interested in this? Please tell me if I'm being too nosy!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
The action taken by the IP would, I assume, depend on the nature of the irregularity (how long is a piece of string type question, I am afraid). Without being in full possession of the facts (which I have no wish to be) I couldn't second guess.
The IP doesn't, as far as I am aware, have an OVERRIDING duty to either side ( much like a referee in a football match ) but is charged to see fair play and observance of the rules and regulations by both parties. Maybe one of the IP's who post regularly could clarify.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
The IP is duty bound to supervise the IVA to the letter in which it was written. An IVA is a contractual document, and the IP is supervisor of that contract. We have duties of care to both debtor and creditors and are fully accountable to both.
In the event of a material irregularity, the IVA could be revoked - but this would need a Court application from either a creditor or the debtor themselves. The IVA proposal is a priviledged document, and you will only be able to get a copy if you have a "need to know" - so unless you are a creditor, or are authorised by the debtor to have a copy, I don't think you will be succesful in your quest.
IP's owe duty to both the debtor and the creditor. If the debtor is doing something wrong then the IP should know about it. It would be down to you to inform the IP if that was the case.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Thanks Melanie there are some interesting points there. The mention of the word "contract" adds an extra dimension - I can see perfectly clear how the agreement can be interpreted as a type of contract in the case of creditors who have had received notice, but in the case of creditors who haven't received notice - are they bound by the terms of the IVA?
Yes - under Section 260 of the Insolvency Act 1986, creditors who were not given notice due to honest omission or mistake can be bound by the arrangement. But if their inclusion were to materially disturb the level of distribution to other creditors, then that is just the type of thing that would be deemed a material irregularity and you could see the IVA fail as a result.
